Dáil Éireann debate -
Wednesday, 7 May 2003

Vol. 566 No. 1

Written Answers. - Registered Employment Agreements.

Bernard Allen

Question:

165 Mr. Allen asked the Tánaiste and Minister for Enterprise, Trade and Employment if non-Irish registered companies are obliged to comply with all provisions of the registered employment agreement, construction industry wages and conditions of employment, in respect of all employees when engaged in activities in the State to which the agreement applies. [12164/03]

Minister of State at the Department of Enterprise, Trade and Employment (Mr. Fahey)

Non-Irish registered companies are obliged to comply with all provisions of the registered employment agreement, construction industry wages and conditions of employment, in respect of all employees when engaged in activities in the State to which the agreement applies.

The European Communities (Branch Disclosures) Regulations 1993, S.I. 393 of 1993, imposes an obligation on foreign registered companies who operate a branch in the State's jurisdiction to lodge with the registrar of companies certain details, such as name, address, directors details, etc. within one month of setting up such a branch. The branch must also nominate a person resident in Ireland who may accept the service of any processes or notices on behalf of the company and a person resident in Ireland who is to be responsible for compliance with the above regulations.

Bernard Allen

Question:

166 Mr. Allen asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of inspections which have taken place by her Department in the years 2000, 2001, 2002 and to date in 2003 to ensure compliance with the registered employment agreement by companies covered by it; and the findings that have been made relating to payments of agreed rates of pay and pension contributions. [12165/03]

Minister of State at the Department of Enterprise, Trade and Employment (Mr. Fahey)

There are two registered employment agreements, REAs, in force in respect of the construction industry, that is, Registered Employment Agreement (Construction Industry Wages and Conditions of Employment) Variation Order 1992, with effect from 3 February 1992, and Registered Employment Agreement (Construction Industry Pensions Assurance and Sick Pay) Variation Order 1992, with effect from 10 October 1994.

It should be noted that under the Industrial Relations Acts 1946 to 2001 a trade union representative of employers or workers may complain to the Labour Court that any employer to which the agreements relate, has failed or neglected to comply with either agreement. The labour inspectorate assists the Labour Court in its endeavours in this regard by carrying out examinations of relevant employer's records.

It is this work that makes up the bulk of the inspectorate's activity in respect of the pensions assurance and sick pay REA as it is the norm that such complaints are processed through the court – complaints from, for the most part, the Construction Industry Federation. The Labour Court having finalised its examination of a complaint will issue a court order if appropriate. Legal proceedings for failure to comply with the court order are processed by my Department as necessary.

Regarding the pension and sick pay registered employment agreement, the inspection statistics for the years 2000, 2001, and 2002 show my Department's inspectorate has handled 11, 15 and 12 cases, respectively. There is one ongoing case for 2003.

The inspectorate also investigates and pursues complaints in respect of alleged non-compliance with the provisions of the Registered Employment Agreement (Construction Industry Wages an Conditions of Employment) Variation Order 1992. Such complaints can emanate from an employee directly or a representative – for example, trade union. In connection with this REA, inspection statistics for the years 2000, 2001 and 2002, respectively, show three cases, seven cases and ten cases were finalised by the inspectorate, all without recourse to legal proceedings. There are two ongoing cases under this REA since the beginning of 2003.