Dáil Éireann debate -
Tuesday, 2 Dec 2003

Vol. 576 No. 1

Written Answers. - Pension Provisions.

Joe Costello

Question:

146 Mr. Costello asked the Tánaiste and Minister for Enterprise, Trade and Employment the steps she proposes to take to ensure that all construction firms pay the pension contributions which they deduct from employees' wages to the Construction Industry Federation; and if she will make a statement on the matter. [29126/03]

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

The relevant Registered Employment Agreement (Construction Industry Pensions Assurance and Sick Pay) Variation Order, came into effect on 10 October 1994. My Department has no direct role, under this order, in the day to day operation of the pension scheme, which is administered by the Construction Industry Federation.

There is provision in the agreement for a trade union representative of employers or workers to complain to the Labour Court where an employer is alleged to have failed to comply with the registered employment agreement. In pursuing the matter the Labour Court can be assisted by the labour inspectorate of my Department. Acting on specific information from the Labour Court, the employment records of an employer will be examined by an inspector and any relevant information gathered is communicated back to the Labour Court. The inspectorate has no other function in the matter. Having completed its examination of the complaint, the Labour Court can, where it deems it appropriate, issue a court order. My Department will process legal proceedings against an employer who fails to comply with that court order.

It should be noted that under the Payment of Wages Act 1991, employees have the right to complain to a rights commissioner against an unlawful deduction from wages by their employer.