Dáil Éireann Debate, Thursday - 6 July 2017
57. Deputy Bríd Smith asked the Tánaiste and Minister for Jobs, Enterprise and Innovation if she will commission an investigation into work conditions in the film industry and the possible misuse of the trainee system to ensure that there are no breaches of employment laws including the Protection of Employees (Fixed Term Working) Act 2013; and if she will make a statement on the matter. [31846/17]
View answerI understand that the Deputy raised the matter of the possible misuse of the trainee system in the film industry in the context of the film tax relief scheme in a recent Dáil Question to the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs, who has responsibility in this area. I understand further that the Minister asked the Deputy to provide details of the possible misuse and undertook to have the matter examined by the Department of Arts, Heritage, Rural and Gaeltacht Affairs.
From an employment rights point of view, Ireland has a comprehensive body of employment protection legislation designed to protect employees engaged under different types of employment arrangements.
The Protection of Employees (Fixed-Term Work) Act 2003 provides that fixed-term employees may not be treated less favourably than comparable permanent employees, unless the employer can objectively justify the different treatment. Less favourable treatment of a worker may be objectively justified if it is for the purpose of achieving a legitimate objective of the employer and such treatment is appropriate and necessary for that purpose. However, any justification offered cannot be connected with the fact that the employee is on a fixed-term contract.
The 2003 Act also establishes a framework to prevent abuses arising from the use of successive fixed-term employment contracts. The Act provides that where an employee has been on two or more continuous fixed-term contracts, the total duration of those contracts may not exceed four years. After this, if the employer wishes to renew the employee’s contract, it is deemed to be a contract of indefinite duration unless there are objective grounds justifying the renewal of the contract for a fixed term only.
The Unfair Dismissal Act 1977 as amended contains a provision aimed at ensuring that successive temporary contracts are not used in order to avoid that legislation. It provides that where a fixed-term or specified-purpose contract expires and the individual is re-employed within 3 months, the individual is deemed to have continuous service for the purposes of that Act.
All employers, including those in the film industry, 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 Deputy be aware of specific cases where there are breaches of employment laws she may wish to contact the WRC directly.
