asked the Minister for Labour if he considers it appropriate that small construction firms obtain exemption from section 32 of the Industrial Relations Act, 1946, as amended in section 10 of the Industrial Relations Act, 1969, where their survival is at stake; if he will clarify whether this Labour Court agreement is a voluntary effect; and if he agrees that this could have a negative and detrimental effect on employment in such small firms especially those already paying full State social insurance and employers and public liability insurance.
Written Answers. - Construction Industry Pensions Assurance and Sick Pay.
310.
The agreement relating to the construction industry pensions assurance and sick pay was registered by the Labour Court at the request of the Registered National Joint Industrial Council for the Construction Industry and it applies to all employers and workers engaged in the business specified in the agreement regardless of the size of the firm. One of the main provisions of the agreement in question is that each worker affected shall receive from his employer the benefits of a pension scheme and a sick pay scheme which are no less favourable than those set out in the agreement. Employers in the industry are therefore obliged to provide these benefits either under the construction industry federation scheme or under some other scheme. This is a statutory requirement and section 10 of the Industrial Relations Act, 1969, provides for prosecution by the Minister for breaches of registered employment agreements by employers or employees. There are no provisions in the Industrial Relations Acts, 1946 and 1969, to exempt employers or employees from compliance with the requirements of employment agreements once they are registered. My Department has no evidence to suggest that employment in small firms in the construction industry is adversely affected by the requirement to implement the provisions of the pension and sick pay scheme in the construction industry Registered Employment Agreement.