Dáil Éireann Debate, Tuesday - 25 October 2016
593. Deputy Catherine Murphy asked the Minister for Jobs, Enterprise and Innovation the number of workplace inspections by sector in 2015 and in the latest period in 2016 for which figures are available; the total amount of wages recovered by sector in these periods; and if she will make a statement on the matter. [31743/16]
View answerThe Workplace Relations Commission (WRC) was established on 1st October 2015 under the Workplace Relations Act 2015. The WRC assumed the roles and functions previously carried out by the Labour Relations Commission (LRC), Rights Commissioner Service (RCS), Equality Tribunal (ET), the National Employment Rights Authority (NERA) and the first instance (Complaints and Referrals) functions of the Employment Appeals Tribunal (EAT).
The role of the Workplace Relations Commission (WRC) inspection services is to secure better compliance with employment rights legislation through the provision of information, by means of monitoring and inspections and, where necessary, by prosecutions. The work of the WRC is essential in protecting and ensuring a level playing pitch for business and in ensuring that employees receive their statutory entitlements and are not exploited.
The WRC will continue to strive for enhanced compliance with employment law through proactive education and awareness programmes underpinned by focused and risk-based inspection and enforcement.
Please see the table below containing the information requested.
|
- |
2016 (To 30 September) |
2015 |
||
|
SECTOR |
Cases |
Unpaid Wages |
Cases |
Unpaid Wages |
|
AGRICULTURE |
42 |
28,614 |
91 |
17,395 |
|
CONSTRUCTION |
58 |
24,573 |
151 |
12,452 |
|
CONTRACT CLEANING |
16 |
7,573 |
31 |
6,808 |
|
DOMESTIC WORKER |
15 |
3,714 |
49 |
2,227 |
|
ELECTRICAL |
2 |
0 |
8 |
10,141 |
|
FISHERIES |
5 |
0 |
0 |
0 |
|
FOOD & DRINK |
1,878 |
261,793 |
2,714 |
404,396 |
|
HAIR AND BEAUTY |
136 |
18,282 |
183 |
17,562 |
|
HEALTH NURSING AND CHILDCARE |
67 |
78,087 |
88 |
67,043 |
|
HOTEL |
143 |
57,047 |
162 |
51,961 |
|
MANUFACTURING |
44 |
25,385 |
85 |
95,132 |
|
OTHER |
306 |
217,557 |
438 |
145,936 |
|
PROFESSIONAL SERVICES |
96 |
3,086 |
145 |
77,943 |
|
SECURITY |
19 |
42,546 |
24 |
4,593 |
|
TRANSPORT |
43 |
15,563 |
72 |
30,287 |
|
WHOLESALE AND RETAIL |
701 |
271,773 |
944 |
467,693 |
|
TOTALS |
3,571 |
1,055,593 |
5,185 |
1,411,569 |
594. Deputy Catherine Murphy asked the Minister for Jobs, Enterprise and Innovation the penalties applying to employers for the non-payment of wages; and if she will make a statement on the matter. [31744/16]
View answerThe Payment of Wages Act 1991 and the National Minimum Wage Act 2000 provide protections for employees in relation to the payment of wages. In addition, the Workplace Relations Act 2015 introduced provisions on Fixed Payment Notices and Compliance Notices covering certain breaches of legislation, including breaches of certain sections of the above-mentioned 1991 and 2000 Acts.
There are a range of provisions which can apply in circumstances where the appropriate wages have not been made to an employee. For example, an employee can make a complaint to the Workplace Relations Commission (WRC) under the 1991 Act for the hearing of a case by a WRC Adjudication Officer who can award compensation for the non-payment of wages. A WRC Inspector can also issue a Compliance Notice where an employer has failed to pay the appropriate wages under the 1991 Act, and non-compliance with the Compliance Notice is an offence.
An individual who considers that they are not being paid in accordance with the National Minimum Wage Act 2000 may refer the matter to a WRC Inspector for investigation or, alternatively, may refer a complaint to the WRC for adjudication by an Adjudication Officer and the awarding of redress. The 2000 Act also provides for a number of criminal offences, ranging from the failure to pay the statutory rate to the obstruction of Inspectors in the exercise of their functions.
If the Deputy has more specific questions or has a particular case in mind, I would refer her to the WRC who are mandated to secure compliance with employment rights legislation. The WRC's Customer Service Section provides information to both employers and employees in relation to employment, equality and industrial relations rights and obligations. The WRC's Customer Service Section can be contacted at Lo-call: 1890 80 80 90 or 059-9178990. The website www.workplacerelations.ie also provides extensive information on employment rights.
