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Employment Rights

Dáil Éireann Debate, Wednesday - 4 November 2015

Wednesday, 4 November 2015

Questions (6)

Thomas Pringle

Question:

6. Deputy Thomas Pringle asked the Minister for Jobs, Enterprise and Innovation the progress made on the University of Limerick report into zero-hour contracts; if he will confirm whether seasonal workers were consulted in the process; and if he will make a statement on the matter. [37943/15]

View answer

Oral answers (14 contributions)

This question relates to the work done by the University of Limerick on zero-hour contracts and the Government's proposals to strengthen the rights of those workers, particularly focusing on seasonal workers.

I thank Deputy Pringle for tabling the question. I am pleased to inform the Deputy that yesterday afternoon, following a decision by Government yesterday morning, I published the study by the University of Limerick, UL, on the prevalence of zero-hour contracts and low-hour contracts in the Irish economy. This week, I will launch a public consultation process to give all interested parties an opportunity to consider and respond to the conclusions drawn in the report and the recommendations made by UL. I understand that UL conducted stakeholder interviews with 30 bodies as part of the study, including 13 employer and business organisations, eight trade unions, four NGOs and five Departments and agencies.

It is important to point out this is an independent study, and the conclusions drawn and the recommendations made are those of UL. Therefore, it is essential that the various stakeholders who contributed to the study and, indeed, other interested parties who may not have had an opportunity to engage with UL, are given an opportunity to consider and respond to the findings and recommendations in the report. This will allow me and the Government colleagues to be more fully informed before formulating our own views on the policy recommendations that I should bring to the Government arising from the study.

I urge all parties with an interest in the area to consider carefully the findings and recommendations published yesterday, and I would welcome submissions in response to the study, including submissions from seasonal workers and their representatives, to whom the Deputy referred in his question.

I thank the Minister of State. I am glad to hear the report has been published and consultation is commencing. I raised the issue of seasonal workers in particular because they are largely unrepresented by any of the trade unions or NGOs and it will be difficult to get their views because of this. Most of the sectors in which they are involved are not organised through trade unions. Is there a way these workers can be targeted to get their views on this, perhaps through an outreach meeting in an area where seasonal work is predominant or the only work available? Will the Minister of State and the Department consider this as part of the consultation process?

We are conscious of the role seasonal workers play in the economy, and we are also conscious of the opportunities required to be given to seasonal workers for work during periods of the year. I am sure the Deputy has had an opportunity to look at the report at some level over the past 24 hours. It is balanced and UL's recommendations are independently provided and will be considered by the Government. UL was conscious of taking a balanced approach to its findings and recommendations, to ensure those working non-guaranteed hours and those doing seasonal work are protected and receive the full panoply of employment protections and also ensure a degree of flexibility in the labour market so enterprises can be run efficiently and effectively. The study is also conscious of the very clear view that no interventions should be made in a legislative or regulatory fashion which would very rigidly prevent people from taking up seasonal work.

It is important to ensure protection for people and to acknowledge the needs of enterprises which are active during seasonal periods and provide work for people, which has been the case traditionally throughout the country.

I call Deputy Pringle.

I appreciate what Deputy Pringle is saying. The opportunity will arise, of course-----

I will come back to the Minister of State later.

-----during the consultation process for people, including the Deputy, to contribute to the process.

I thank the Minister of State. One of the traits of seasonal work in Donegal, particularly in the fishing industry, is that although workers do not have zero-hour contracts they could be called into work at 9 o'clock in the morning and be sent home again at 10 o'clock and that is it for the day. This means they cannot avail of social welfare protection. This needs to be addressed. If seasonal workers are taken on they should be guaranteed a certain minimum number of hours that day to allow them to be able to sustain themselves in employment. I hope this will be taken on board in the consultation process.

This is an area we asked UL to examine. The report states there is not extensive use of zero-hour contracts in Ireland. It is prevented by the provisions of the Working Time Act 1997, but it is important that our labour market policies, employment protection legislation and the regulatory environment keep up with evolving practices in industry. UL identified the prevalence of what might be termed "if and when" contracts, where there is potentially no mutuality of obligation between an employer and an employee. This may very well be the case in the instance provided by Deputy Pringle. We need to be conscious of this in the proposals we make. We also need to be conscious of the role played by the Department of Social Protection through family income supplement and access to jobseeker's payments for people working in an atypical fashion with non-guaranteed hours.

We are conscious of this. The UL also acknowledged that because of the relatively recent evolution of "if and when" contracts this may very well require further work and further examination over the next period of time.

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