Dáil Éireann Debate, Thursday - 4 April 2019
43. Deputy Richard Boyd Barrett asked the Minister for Employment Affairs and Social Protection if her attention has been drawn to allegations of abuse of workers on fixed-term contracts in episodic industries; if she has discussed the role she may play in vindicating the rights of these workers; and if she will make a statement on the matter. [15659/19]
View answerI am not aware of any specific allegations of abuse of workers on fixed term contracts in episodic industries. I would urge the Deputy, if he has evidence of such abuse, to bring it to the attention of the Workplace Relations Commission which is mandated to secure compliance with employment rights.
Ireland has a comprehensive body of employment legislation which protects all employees, who are legally employed on a contract of service basis.
The Protection of Employees (Fixed-Term Work) Act 2003 applies to most employees on fixed-term contracts.
However, it does not apply to agency workers placed by a temporary work agency at the disposition of a user enterprise or to apprentices, trainees and people in publicly-funded employment schemes such as Community Employment. The Act does apply to agency workers employed directly by an employment agency.
The Act provides that fixed-term employees cannot be treated less favourably than comparable permanent employees unless the employer can objectively justify the different treatment. Any justification offered cannot be connected with the fact that the employee is on a fixed-term contract. Employment rights legislation was recently strengthened by the enactment of the Employment (Miscellaneous Provisions) Act 2018. The Act delivers on the Programme for Government commitment to address the challenges of the increased casualisation of work and to strengthen the regulation of precarious employment.
In a changing world, this reform ensures that the legal protections for all workers will match the conditions experienced by a modern workforce and make a real difference in the lives of thousands of workers.
The Employment (Miscellaneous Provisions) Act provides that:
- Employers shall give employees core terms of employment within 5 days of starting work.
- Zero hours contracts will be restricted.
- There will be minimum payments for people called into work but sent home without work.
- A “band of hours” system will be introduced where an employee’s contract does not reflect actual hours worked.
- There are strong anti-penalisation provisions for employees who invoke their rights under this legislation.
- National Minimum Wage rates for younger people and trainees have been simplified.
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 online complaint form available at the WRC’s website www.workplacerelations.ie.
The Workplace Relations Customer Service Section can be contacted at Lo-call: 1890 80 80 90 or via its website www.workplacerelations.ie .
I hope this clarifies the matter for the Deputy.
