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Employment Rights

Dáil Éireann Debate, Tuesday - 16 June 2020

Tuesday, 16 June 2020

Questions (961, 977, 978)

Gerald Nash

Question:

961. Deputy Ged Nash asked the Minister for Employment Affairs and Social Protection her plans to address bogus self-employment in the acting sector; the way in which she plans to address those in the sector who have failed to qualify for the pandemic unemployment payment as a consequence of misclassification of their employment status; and if she will make a statement on the matter. [10492/20]

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Gerald Nash

Question:

977. Deputy Ged Nash asked the Minister for Employment Affairs and Social Protection if her attention has been drawn to the fact that bogus self-employment practices are still in use in RTÉ; and if she will make a statement on the matter. [10665/20]

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Gerald Nash

Question:

978. Deputy Ged Nash asked the Minister for Employment Affairs and Social Protection if her attention has been drawn to a deadline for the publication of a report (details supplied) reviewing actors' contracts at RTÉ to ascertain if they have attributes akin to employment; and if she will make a statement on the matter. [10666/20]

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Written answers

I propose to take Questions Nos. 961, 977 and 978 together.

I am on record as stating that I and my Department am committed to tackling the issue of false self-employment.  The deliberate misclassification of a worker as a self-employed contractor, in a situation where they are actually working as an employee, is wrong.  There are robust arrangements in place for dealing with complaints of bogus self-employment through my Department.  I also progressed a number of new initiatives over the past year to combat this phenomenon.

Firstly, I established a new, dedicated unit of Social Welfare Inspectors – the Employment Status Investigation Unit (ESIU) – with a special focus on targeting and reducing false self-employment nationwide for the purpose of supporting employment rights and the integrity of the Social Insurance Fund.

Additionally, there are approximately 350 Social Welfare Inspectors appointed nationwide who carry out work across the various social welfare schemes, some of whom are specifically engaged in a programme of employer inspections.  Collaboration is also ongoing between my Department and other agencies including the Revenue Commissioners and the Workplace Relations Commission.

Legislative proposals are also in train including:

- anti-victimisation measures to give workers recourse to the Workplace Relations Commission if they feel they have been victimised by their employer as a result of questioning their employment status, and  

- the introduction of a new criminal offence of wilfully misclassifying a worker as being self-employed.

The Department will investigate and make a formal decision in relation to any case of employment status that comes before it.  Where misclassification of workers is detected, the correct status and class is determined and social insurance arrears are collected.  Under the Social Welfare Consolidation Act, 2005, as amended, there are specific offences in relation to employment contributions.  On conviction, fines and/or imprisonment can ultimately be imposed.  Where evidence of non-compliance is detected, this will be pursued.

While I am advised that there have been no targeted investigations of the acting sector to date, and there has been no case recently raised with the Department by anyone from that sector, the Department is aware that RTÉ requested Eversheds solicitors to conduct a review of the employment status of Fair City actors.  (This review is separate and distinct from RTÉ's recently completed contractor review).  I am informed that the finalisation of the review has been delayed due to the impact of the Covid-19 pandemic and RTÉ anticipates that a report will be forthcoming by the second week in July 2020.  The Department will seek further information from RTÉ when the review has been completed.

With regard to the Pandemic Unemployment Payment scheme, this emergency scheme is open to employees and self-employed alike.  The issue of false self-employment is not a factor in the qualifying conditions for the scheme.

I trust this clarifies matters for the Deputy.

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