Dáil Éireann Debate, Tuesday - 17 May 2016
1186. Deputy Thomas Pringle asked the Minister for Jobs, Enterprise and Innovation if she will examine the issues that affect seasonal workers, particularly in the fishing sector; her plans in response to a study on the prevalence of zero-hour contracts as carried out by her predecessor; and if she will make a statement on the matter. [10400/16]
View answerIreland’s comprehensive suite of employment rights legislation sets out protections for all workers, including seasonal workers, regardless of the sector in which they work. Seasonal workers are often engaged on a part-time basis, and the Protection of Employment (Part-Time Work) Act 2001 provides robust protections for such workers. It provides that a part-time employee cannot be treated less favourably than a comparable full-time employee regarding conditions of employment, and that all employee protection legislation applies to a part-time employee in the same manner as it already applies to a full-time employee. The Protection of Employees (Fixed-Term Work) Act 2003 which provides that fixed-term workers may not be treated less favourably than comparable permanent workers may also be of relevance in the context of seasonal workers.
As the Deputy is aware, the University of Limerick was appointed in February 2015, following a competitive tendering process, to carry out a study into the prevalence of zero hour contracts and low hour contracts in the Irish economy and their impact on employees. The study, published in November, 2015, found that zero hour contracts as defined within current Irish employment rights legislation are not extensively used in Ireland. It found low working hours can arise in different forms in employment contracts, such as regular part-time contracts with fixed hours or a contract with “If and when” hours only or a hybrid of the two. If and when contracts are contracts where workers are not contractually required to make themselves available for work.
The UL report made a range of recommendations relating to contracts, hours of work and notice, minimum hours, how contracted hours should be determined, collective agreements, data gathering and wider contextual issues.
It is important to point out that the UL study was an independent study and the conclusions drawn and the recommendations made in it are those of UL. Therefore, it was 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, were given an opportunity to consider and respond to the report.
To this end, my Department sought submissions from interested parties by way of a Public Consultation. A large number of submissions were received by 4 January 2016, the closing date for receipt of such submissions. The responses contain a variety of views both for and against the findings and recommendations as made by UL, which require, and are currently being given, careful consideration by my Department. This will inform the policy response to be considered by Government arising from the study.
