Dáil Éireann Debate, Thursday - 29 June 2017
23. Deputy Bríd Smith asked the Tánaiste and Minister for Jobs, Enterprise and Innovation if her attention has been drawn to the widespread use of bogus self-employment contracts in the English language teaching industry alongside other practices such as dismissing workers at holiday periods; her plans to undertake an investigation into the employment practices among companies in this sector; and if she will make a statement on the matter. [30410/17]
View answer28. Deputy Mick Barry asked the Tánaiste and Minister for Jobs, Enterprise and Innovation the measures her Department will take to support efforts to eliminate bogus self-employment practices in the English language teaching sector; and if she will make a statement on the matter. [30408/17]
View answerI propose to take Questions Nos. 23 and 28 together.
Ireland has a comprehensive body of employment legislation, in respect of which the Workplace Relations Commission (WRC) is mandated to secure compliance. Ireland’s employment rights legislation protects all employees who are legally employed on an employer-employee basis.
All employers, including those in the English language teaching sector, carry the same obligations in relation to compliance with employment law. Where an individual believes they are being deprived of employment rights applicable to employees they may refer a complaint to the Workplace Relations Commission (WRC) where the matter can be dealt with by way of mediation or adjudication leading to a decision that is enforceable through the District Court. WRC inspectors can also be asked to investigate certain breaches. Complaints can be made on a single complaint form available at the WRC’s website www.workplacerelations.ie. Should the Deputies be aware of specific cases where there are breaches of employment laws they may wish to contact the WRC directly.
There are existing mechanisms in place to determine the employment status of individuals or groups. WRC Inspections are undertaken on the basis of risk analysis which identifies certain sectors, as a result of complaints received and on a routine basis. Where the WRC inspection service receive complaints in relation to bogus self-employment, they are forwarded to the Revenue Commissioners and/or the Department of Social Protection (Scope Section) for investigation either solely by the recipient, or jointly with the Workplace Relations Commission.
It is important that individuals are correctly designated regarding their employment status so that those who ought to be designated as employees are not deprived of their employment rights. This is particularly the case for vulnerable workers who may not feel in a position to object to certain arrangements. However, it is also important to remember that some individuals may be correctly categorized as self-employed.
In most cases it will be clear whether an individual is employed or self-employed. Where there is doubt in relation to the employment status of an individual the relevant Departments and Agencies will have regard to the Code of Practice for Determining Employment or Self-Employment Status of Individuals. This Code was drawn up and agreed in 2007 by the relevant Government Departments with ICTU and IBEC.
