Dáil Éireann Debate, Wednesday - 20 July 2016
58. Deputy Bríd Smith asked the Minister for Jobs, Enterprise and Innovation the steps she will take to ensure that any employer in receipt of contracts from the State for the provision of certain services is compliant with the labour laws of the country which afford protections to workers; and if she will make a statement on the matter. [22766/16]
View answerEmployers are awarded contracts from the State through what is known as public procurement. There are strict rules governing public procurement, responsibility for which rests with my colleague, the Minister for Public Expenditure and Reform, Mr. Paschal Donohoe T.D. I understand from Minister Donohoe that under the current public procurement regime there are standard forms of contract for public procurement contracts which include requirements for compliance with legal obligations under labour legislation. For example, clause 2 of the standard form of the public works contract requires the contractor and his or her personnel and subcontractors to comply with all legal requirements.
Contractors are required to submit ongoing certification under clause 5.3 of the contract, which deals with pay and conditions of employment, to show that they have complied in full with the requirements of that clause, which covers aspects such as compliance with employment law and deductions for social welfare. Contractors are also required under this clause to maintain records and timesheets in respect of all those engaged on the works.
I have responsibility for employment rights issues generally. Employment law and its enforcement apply equally to public and private sector contracts. Ireland has a well-resourced and proactive labour inspectorate, which now forms part of the Workplace Relations Commission (WRC). The WRC undertakes inspections on the basis of risk analysis which identifies certain sectors, as a result of complaints received and on a routine basis.
It is important that any person with questions or complaints regarding their rights under employment law should contact Workplace Relations Customer Service on lo-call 1890 80 80 90 or at www.workplacerelations.ie
