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Work Permits

Dáil Éireann Debate, Wednesday - 18 January 2023

Wednesday, 18 January 2023

Questions (32)

Mick Barry

Question:

32. Deputy Mick Barry asked the Minister for Enterprise, Trade and Employment if a non-EEA fisher who holds an unexpired atypical work permit scheme contract, who has been continuously employed on a vessel for two years or more and loses his or her employment arising from a decommissioning, is entitled to redundancy pay separate and distinct from the compensation for crew provided for by the terms of the Bord Iascaigh Mhara fishing vessel decommissioning scheme; and if he will make a statement on the matter. [1178/23]

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Written answers

Irish employment rights legislation applies to workers – national and non-national – on board Irish registered ships.

In order to qualify for a statutory redundancy payment, an employee must have 104 weeks' continuous employment, be an employed contributor in employment which was insurable for all benefits under the Social Welfare Acts, and be over the age of 16.

An eligible employee is entitled to two weeks' normal weekly remuneration for every year of service, plus a bonus week. The redundancy lump sum calculation is based on the worker’s length of reckonable service and weekly remuneration, which is subject to a ceiling of €600 per week.

By law, it is the employer’s responsibility to pay statutory redundancy to eligible employees. Where an employer is genuinely unable to pay statutory redundancy due to financial difficulties or insolvency, the State provides a safety net and may make the payments on the employer’s behalf from the Social Insurance Fund. An application can be made to the Redundancy Payments Scheme which is administered by the Department of Social Protection.

The Brexit Voluntary Permanent Cessation Scheme is a matter for the Department of Agriculture, Food and the Marine.

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