Dáil Éireann Debate, Thursday - 8 February 2024
4. Deputy Richard Boyd Barrett asked the Minister for Enterprise, Trade and Employment what measures he is considering to ensure that workers in the film industry who are subject to multiple successive fixed-term contracts, have their rights under fixed-term workers legislation fully vindicated, and have their service to the industry properly recognised; and if he will make a statement on the matter. [5798/24]
View answerA little later this morning, the long campaigned for and long awaited film industry stakeholders forum will take place, convened by the Minister of State's colleague in the Department of arts. I presume the Minister of State's officials will be there. One of the key issues at stake is the use of successive multiple fixed-term contracts where workers never acquire any kind of security or recognition of their service or employment in the film industry. What does the Minister of State intend to do to address this issue?
I thank the Deputy for this question on an issue that he has raised consistently here and during our time on the finance committee together. As he knows, Ireland has a comprehensive body of employment, equality and industrial relations legislation, which offers the same protections to all employees legally employed under a contract of employment. All employers, regardless of sector, are responsible for ensuring that their employees receive all the protections afforded them under employment legislation.
The Protection of Employees (Fixed-Term Work) Act 2003 transposes EU Directive 1999/70/EC concerning the framework agreement on fixed-term work into Irish law. The Act provides for the improvement of the quality of fixed-term work by ensuring the application of the principle of non-discrimination, that is, that fixed-term workers may not be treated less favourably than comparable permanent workers. The Act also provides for the establishment of a framework to prevent abuse arising from the use of successive fixed-term employment contracts. If an employee has worked on two or more fixed term contracts, the combined duration of the contracts is limited to a maximum of four years. After this, if the employer wishes the employee to continue in its employ, that is deemed to be on the basis of a contract of indefinite duration unless the employer has objective grounds for renewing the contract of employment again on a fixed-term basis. Section 9(5) of the Act provides that the First Schedule to the Minimum Notice and Terms of Employment Acts 1973 to 2001 applies for the purpose of ascertaining the period of service of an employee and whether that service has been continuous. The European Commission has confirmed that Ireland has fully and faithfully transposed the directive.
The requirement to adhere to employment rights legislation is now part of the certification process to receive the section 481 film tax credit. An applicant company must submit an undertaking of compliance with all relevant employment legislation in respect of the film being certified. These conditions must be met, not only by the producer company, but also by the designated activity company, DAC, that is required to be set up to avail of the section 481 tax credit.
If a fixed-term employee feels that, as regards any conditions of employment, he or she is being treated less favourably than a comparable permanent employee or considers that he or she is entitled to a contract of indefinite duration and his or her employer refuses to provide this, it is open to that employee to bring a complaint to the Workplace Relations Commission.
I have with me the declaration, and it is signed. I campaigned on behalf of film workers to get this declaration. When we bring the film producers that the Government gives the film credit to into our committee and I ask them simply how many workers who have worked on film productions have acquired contracts of indefinite duration, the answer is “Zero”. They go on to explain how it is not possible, given the nature of the industry. They sign a declaration saying they will apply it to fixed-term workers and they will comply with it, only for them to then say that it cannot be complied with. People work ten, 15, 20 or 25 years in an industry and they keep getting fixed-term contracts, which means they can be blacklisted at any time. Indeed, there was a ruling by the WRC recently that 38 workers had been blacklisted precisely on this basis. The Government has to address this and enforce the legislation.
I appreciate the point the Deputy is making. He refers rightly to the case in December before the WRC where it released decisions in respect of a sample group of complaints made by 38 members of the industry. Those decisions are, of course, being appealed to the Labour Court. Separately, the Labour Court issued a decision last month in respect of another complaint related to the industry. The Deputy is undoubtedly aware of that. There are further related courses still being adjudicated on.
Ireland has a robust legal framework in place to prevent employment law abuse. The Protection of Employees (Fixed-Term Work) Act lays down measures to prevent the abuse of successive fixed-term contracts and ensures the principle of equal treatment and working conditions, including the means to recognise qualifying periods of service. The Acts are working, but we accept that they can be improved, which is why we have the WRC in place to ensure that cases are addressed.
The Minister of State has to look at this. The Acts are not working. The producers told us that no one had ever got a contract of indefinite duration and never would. It is not acceptable that people can work in an industry for 25, 30 or 35 years and never get a contract of indefinite duration. It means that the clock goes back to zero with every single film. It is as if they had never worked in the industry before. If the producer says people are not getting back on the next film, there is nothing they can do. The producer hides behind the DAC and actually goes to the WRC and tells people that it is not their employer. The producer is the one that gets the money to employ people, but it says that the DAC is the employer. When it is asked whether it set up the DAC, the producer says, “Yes, but it is not us because it is a separate entity.” This is what is happening and the Government has to do something about it. Workers are trying to take cases and the other side has barristers and all sorts of thing to muddy the waters. The Government has to crack the whip and insist that the fixed-term workers legislation is actually complied with and enforced.
I will make two points. Regarding the protections provided under the section 481 tax relief application, the application is clear that the relationship between the producer company and the qualifying company – the DAC – has to be informed by the 1994 Act, which entitles an employee to certain information about his or her employer, including full names and details, to ensure that the employer cannot be hidden. As to what the Department is doing specifically about blacklisting, the Unfair Dismissals Acts 1977 to 2015 provide protections to ensure that there can be no blacklisting. If an employer fails to follow procedures when dismissing an employee, a claim may be taken under the Industrial Relations Act 1969. Officials from my Department closely monitor labour market practices and case law in Ireland and abroad to react to emerging trends in all sectors, particularly this industry. That is where the WRC comes into play. It adjudicates on these cases and ensures that the law is enforced.
