Dáil Éireann Debate, Tuesday - 23 May 2017
638. Deputy Sean Sherlock asked the Minister for Jobs, Enterprise and Innovation the status of SI 377/1998 Security Industry Joint Labour Committee Establishment Order 1998, as amended by SI 30/2014 Security Industry Joint Labour Committee Establishment (Amendment) Order 2014; and if all sectors under the statutory instrument are now compliant with the order. [24405/17]
View answerJoint Labour Committees (JLCs) are provided for under the Industrial Relations Act 1946 and were reformed by the Industrial Relations (Amendment) Act, 2012. A JLC is comprised of equal numbers of representatives of employers and workers in a sector appointed by the Labour Court. The Chairperson and Deputy Chairperson are Industrial Relations Officers from the Workplace Relations Commission and are appointed by me.
The constitution and proceedings of JLCs is set out in the Fifth Schedule to the Industrial Relations Act, 1990. The discussions within the Joint Labour Committees are not open to me or to my Department.
The Joint Labour Committee for the Security Industry was established in accordance with Statutory Instrument No. 377 of 1998 (as amended by Statutory Instrument No. 30 of 2014) and which remains in force.
JLCs meet regularly, under an independent Chairperson to discuss proposals for terms and conditions to apply to specified grades or categories of workers in the sector. If agreement is reached the JLC publishes details and invites submissions from interested parties.
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 to adopt the proposals, a copy is presented to me and if I consider it appropriate to do so I will make an Order giving effect to the proposals. Such Orders are known as Employment Regulation Orders. One such Order was made on 1st October 2015 for the Security Industry – Employment Regulation Order (Security Industry Joint Labour Committee) 2015 (S.I. No. 417 of 2015).
The Inspection and Enforcement Services of the Workplace Relations Commission monitor employment conditions to ensure compliance with and, where necessary, the enforcement of employment rights legislation. This includes redress for the employees concerned and payment of any unpaid wages arising from breaches of employment rights.
The Inspection Services have the power to carry out employment rights compliance inspections in relation to the following legislation:
Organisation of Working Time Act 1997
Payment of Wages Act 1991
Protection of Young Persons (Employment) Act 996
National Minimum Wage Act 2000
Parental Leave Acts 1998 and 2006
Redundancy Payments Acts 1967–2012
Employment Agency Act 1971
Industrial Relations Acts 1946 to 2015
Carers Leave Act 2001
Protection of Employment Act 1977
Protection of Employees (Employers' Insolvency) Acts, 1984 to 1991
Employment Permits Act 2003 to 2006
Workplace Relations Act 2015
The following table sets out details the inspections in the Security Sector since 1 October 2015.
|
Number of Inspections |
Number of Employers in Breach |
|
|
Oct-Dec 2015 |
3 |
2 |
|
2016 |
17 |
5 |
|
2017 (to 30 Apr) |
5 |
2 |
It is anticipated that a similar number of inspections will be carried out in the sector this year as compared to last year.
