Dáil Éireann Debate, Tuesday - 20 February 2018
261. Deputy Clare Daly asked the Minister for Business, Enterprise and Innovation her plans to enhance the ability of the Workplace Relations Commission’s inspection services to proactively pursue widespread breaches of basic employment rights with particular reference to measures (details supplied). [8779/18]
View answerI want to assure the deputy that my Department works in close co-operation with the Workplace Relations Commission (WRC) to ensure that the WRC has sufficient capacity and mechanisms available to it to assist in the effective enforcement of employment law.
This builds on the significant reform package put in place in the employment rights enforcement area that was voted through the Oireachtas in the Workplace Relations Act 2015.
I note that in 2017, the WRC was successful in recouping some €1.75m in underpaid wages for employees which is up 16% on the amount collected in the previous year. Also in 2017, the WRC issued 122 compliance notices requiring rectification of breaches detected under certain employment rights. This included, where appropriate, the payment of any unpaid or underpaid annual leave/public holiday entitlements. In that context, I am satisfied that the current enforcement regime of employment rights legislation being pursued by the WRC is working well.
As the deputy will be aware, the WRC was established on 1 October 2015 under the Workplace Relations Act 2015. Inspectors of the WRC carry out inspections of employer records with a view to determining compliance with employment rights legislation. These inspections arise:
- in response to complaints received of alleged non-compliance with relevant employment rights legislation;
- as part of compliance campaigns which focus on compliance in specific sectors or specific pieces of legislation, or
- as routine inspections, which act as a control measure.
In the first instance the WRC makes every effort, through the conduct of information and awareness campaigns, to secure voluntary compliance with employment law. Where this constructive and proactive approach does not work and employers either refuse or fail to rectify the breaches identified and/or pay money due to their employees, the WRC will progress these cases through the prosecution route.
In relation to the specific issues raised, the deputy will be aware that the WRC is an independent, statutory body. Therefore, it conducts its functions independently, having regard to applicable law, as to how best to achieve effective compliance with employment rights legislation. This includes such remedial activities as the restitution of unpaid wages by non-compliant employers. Where an employer does not make good the wages owed the WRC initiates criminal proceedings in the District Court.
As regards workers’ annual leave and public holiday entitlements, under Section 28 of the Workplace Relations Act 2015, WRC inspectors are empowered to issue a Compliance Notice to employers found in breach of annual leave/public holiday entitlements. The notice requests rectification of the breach or breaches detected including, where appropriate, the payment of any unpaid or underpaid annual leave/public holiday entitlements. I note that in 2017, of the 122 compliance notices issued by the WRC requiring rectification of breaches detected under certain employment rights, 105 related to matters pertaining to employee’s entitlements under the Organisation of Working Time Act 1997.
On the issue of appropriate penalties under employment law, this is a matter for the Department of Employment Affairs and Social Protection which now has responsibility for employment rights legislation and policy, including the Minimum Wage Act.
Provisions in legislation governing employment permits serve to protect the employment rights of migrant workers as statutory employment rights and protections apply to migrant workers in exactly the same manner as they do to native Irish workers. On application by either employer or employee, the employment permit is granted to the employee; and the permit contains a statement of the entitlements of the migrant worker including their remuneration, and a summary of the principle employment rights of employees.
The WRC Inspectors’ powers under the Employment Permits Acts are not considered to interfere with the effective discharge of their duties or prejudice in any way the authority and impartiality which are necessary for inspectors in their relations with employers and workers as set out in Article 3(2) of the Inspection Convention of the ILO.
