Dáil Éireann Debate, Tuesday - 31 May 2016
888. Deputy Thomas P. Broughan asked the Minister for Jobs, Enterprise and Innovation to report on the reviews, if any, she is conducting on the hotel industry's employment practices; and if she will make a statement on the matter. [13383/16]
View answer900. Deputy Thomas P. Broughan asked the Minister for Jobs, Enterprise and Innovation to report on the reviews, if any, she is conducting on the hotel industry's employment practices; and if she will make a statement on the matter. [13382/16]
View answerI propose to take Questions Nos. 888 and 900 together.
The amount of pay an employee receives is a matter for negotiation and agreement between the individual and the employer. This is subject only to the provisions of the National Minimum Wage Act 2000. There is nothing to prevent employees reaching individual or collective agreements with employers on higher rates based on qualifications or other agreed criteria.
Ireland’s body of employment and equality legislation, including the National Minimum Wage Acts and the Organisation of Working Time Act, protects all persons legally employed in Ireland on an employer-employee basis and provides robust safeguards for employees.
The Industrial Relations Act 1946 provides that a trade union, or any organisation or group of persons claiming to be representative of workers or employers in any sector can ask the Labour Court to establish a Joint Labour Committee (JLC) for their sector.
A JLC is composed of equal numbers of representatives of employers and workers in a sector and they meet regularly, under an independent chairman, to discuss and agree terms and conditions, including pay, to apply to specified grades or categories of workers in the sector. When it reaches agreement on terms and conditions, the JLC publishes details and invites submissions. If, after consideration of any submissions received, the Committee adopts the proposals it will submit them to the Labour Court for consideration. The Labour Court will then make a decision on the adoption of the proposals. If the Court decides they should be adopted it will forward a copy of the proposals to the Minister. If it is considered appropriate to do so, an Order giving effect to such proposals will be made by the Minister. Such an Order is known as an Employment Regulation Order. The Hotels Joint Labour Committee Establishment Order was last amended in January 2014 on foot of a Labour Court review of JLC's.
There are Joint Labour Committees in place for the Catering Sectors based in Dublin and outside of Dublin and Hotels based outside of Cork and Dublin. However, due to non-engagement of employer bodies within those Sectors, no EROs have been made which would set down terms and conditions for employees in other areas of the country. Therefore the only legally enforceable minimum rates of pay in those areas are those provided for in the National Minimum Wage Acts.
If employees are not receiving their entitlements they can choose to have a complaint investigated by an Inspector from the Workplace Relations Commission or adjudicated upon in a hearing. If an employee believes that his/her rights may have been infringed and would like to obtain redress he/she should contact the Workplace Relations Commission on Lo-call: 1890 80 80 90 or via its website www.workplacerelations.ie. Complaints can also be submitted electronically on the "Workplace Relations e-Complaint Form" which can also be found on the Commission’s website.
