Dáil Éireann Debate, Thursday - 7 April 2022
86. Deputy Bríd Smith asked the Tánaiste and Minister for Enterprise, Trade and Employment his views on the operation of sectoral employment orders; if legal challenges to their operation mean they are unenforceable by the State; if his Department has plans to ensure compliance by all employers to their terms; and if he will make a statement on the matter. [18765/22]
View answerThe most recent Sectoral Employment Orders (SEOs) for the Construction Sector and the Electrical Contracting Sector came into effect on 1 February 2022. These SEOs fix statutory minimum rates of pay and other conditions, including sick pay and pension entitlements, for these sectors. Any employer in a sector covered by an SEO has a legal duty to comply, at a minimum, with those terms.
I am aware that a fresh challenge to the SEO for the Electrical Contracting Sector has very recently been initiated and as the Deputy will appreciate, it would be inappropriate for me to comment further, given that the matter is sub judice.
However, it is important to be clear that the existing SEO for the Electrical Contracting Sector has not been struck down and the rates of pay and conditions set out in it continue to apply to all workers covered by its terms.
In relation to compliance, the Workplace Relations Commission (WRC) is an independent statutory office under the aegis of this Department. The role of the WRC is to achieve compliance with employment legislation. Employees whose rights under an SEO have not been complied with can refer the matter to the WRC for investigation.
