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Employment Rights.

Dáil Éireann Debate, Wednesday - 15 November 2006

Wednesday, 15 November 2006

Questions (24, 25)

Catherine Murphy

Question:

85 Ms C. Murphy asked the Minister for Enterprise, Trade and Employment if he will introduce measures to provide protections to the Irish based employee’s of non-Irish based firms who operate here during sporting and entertainment events in the future; if he acknowledges the current lack of protections available to such employees whose employment rights may be subverted by such companies as a result of their non-Irish based status; and if he will make a statement on the matter. [37984/06]

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Catherine Murphy

Question:

149 Ms C. Murphy asked the Minister for Enterprise, Trade and Employment the options and remedies available to persons (details supplied) who, having engaged in casual work for a company employed by the PGA Tour during the Ryder Cup, have still not been paid for their services and are encountering significant financial difficulty as a result; and if he will make a statement on the matter. [37985/06]

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Written answers

I propose to take Questions Nos. 85 and 149 together.

The persons in respect of whom details have been supplied could, in accordance with Section 6 of the Payment of Wages Act, 1991, present a complaint to a Rights Commissioner. The Rights Commissioner may, following examination of the facts and if he/she considers that the complaint is well founded, order the employer to pay appropriate compensation. Complaints must be presented to the Rights Commissioner Service within six months from the date of the contravention or in exceptional circumstances such further period not exceeding six months as the Rights Commissioner considers reasonable. The enforcement of any such order outside the jurisdiction of the State would, of course, be problematic.

Alternatively, the persons involved could take civil proceedings against the employer within the latter's jurisdiction. In such proceedings the unpaid wages would be considered as a simple contract debt.

The option of seeking assistance from the Irish and European representatives of the PGA might also be worth pursuing given the latter's responsibilities for the organisation and hosting of this year's Ryder Cup.

Finally, the persons involved may wish to contact the Private Security Authority, which in accordance with the Private Security Services Act 2004, is the statutory body with responsibility for licensing and regulating the private security industry in Ireland.

There are no proposals to introduce specific legislation to regulate non-Irish firms who employ people during sporting and entertainment events. A comprehensive body of employment rights legislation, which does not distinguish between Irish and non-Irish based firms, is already in place. The Deputy will be aware, however, that a number of legislative commitments in the employment rights area arising from the Partnership Agreement "Towards 2016" are being progressed at present. All measures which will have the effect of enhancing existing provisions and arrangements insofar as compliance, enforcement and redress are concerned will be considered in the context of the preparation of this legislation.

I am also committed to building on the existing contacts between the industrial relations institutions, relevant Departments and the social partners and their UK and EU counterparts, with a view to promoting greater co-operation on workplace issues. Such co-operation and dialogue will be grounded both in the context of developments in their respective labour markets and in the light of EU developments, including in the context of social dialogue at EU level.

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