Dáil Éireann Debate, Wednesday - 24 February 2021
36. Deputy Claire Kerrane asked the Tánaiste and Minister for Enterprise, Trade and Employment if processes are in place to ensure compliance in the construction sector with the sectoral employment order; if the order is mandatory for those in the construction sector; the enforcement measures in place; and if he will make a statement on the matter. [10263/21]
View answerA Sectoral Employment Order (SEO) is made in accordance with the provisions of Chapter 3 of the Industrial Relations (Amendment) Act 2015. Under the provisions of the 2015 Act, the Labour Court issues a statutory report to me as Minister following an examination of the relevant economic sector and submissions made by interested parties. The recommended SEO provisions are given statutory footing under Chapter 3 of the 2015 Act.
The most recent Sectoral Employment Order (SEO) for the Construction Sector came into effect on 1 October 2019. The Order fixes the statutory minimum rates of pay and other conditions for example, sick pay and pension entitlements for craftspeople, construction operatives and apprentices employed in the construction sector. Any employer in that sector has a legal duty to comply, at minimum, with those terms.
The Workplace Relations Commission (WRC) is an office under the aegis of this Department. The WRC is a statutory office and is independent in the exercise of its functions. The role of the WRC is to achieve compliance with employment legislation. The WRC’s functions include providing information services to employers and employees, adjudicating on complaints and inspecting workplace records to ensure compliance with the legislation. Employees whose rights under an SEO have not been complied with can refer the matter to the WRC for investigation.
On the 23 June 2020, the High Court ruled the SEO making powers as invalid and struck down the parent legislation under which they were made as unconstitutional contrary to Article 15.2.1. The judgement provided a stay on existing SEOs, pending appeal. An appeal hearing has concluded and the ruling is awaited. Any subsequent action will be determinant on consideration of that decision.
