Dáil Éireann Debate, Wednesday - 27 May 2020
994. Deputy Darren O'Rourke asked the Minister for Employment Affairs and Social Protection the protections in place to ensure the health and safety and terms and conditions of employment of construction workers returning to work during the Covid-19 period; if the protections are equally available to agency workers and subcontractors; and if she will make a statement on the matter. [7970/20]
View answerThe Terms of Employment (Information) Act 1994 provides that an employer must provide their employee with a written statement of the particulars of the employee’s terms of employment. It also provides that an employer must notify the employee of any changes in the particulars given in the statement. The Act provides a right of complaint to the Workplace Relations Commission where an employer fails to comply with either of the above.
While an employer may renegotiate the terms and conditions of the contract of employment with an employee, they may not reduce any term of condition to a level lower than statutory entitlement. It is best practice that any such renegotiation should be undertaken in consultation with the affected employee, and taking a longterm view of the employment relationship.
The Sectoral Employment Order (Construction Sector) 2019 came into effect on 1 October 2019. This sets the statutory minimum rates of pay and other conditions (sick pay and pension entitlements) for persons employed in the construction sector.
Under the Safety, Health and Welfare at Work Act 2005, employers have a duty to ensure the health and safety of their employees in the workplace. Both of these legislative instruments come within the remit of my colleague, Heather Humphreys, Minister for Business, Enterprise and Innovation.
I trust this clarifies the matter for the Deputy.
