asked the Minister for Labour if it is intended to amend existing protective legislation for employees to bring part time workers within the scope of the legislation; and if he will make a statement on the matter.
Ceisteanna — Questions. Oral Answers. - Labour Protective Legislation Extension.
4.
I should point out first that in relation to much of the protective legislation administered by my Department, no distinction is made between full and part time workers. For example, all occupational safety and health legislation — the Conditions of Employment Acts, 1936 to 1944, the Anti-Discrimination (Pay) Act, 1974, the Employment Equality Act, 1977, and the Payment of Wages Act, 1979 — apply to workers irrespective of the number of hours worked.
In relation to other protective legislation where the number of normal working hours is a factor affecting eligibility, the Deputy will be aware that provision was made in the Protection of Employees (Employers' Insolvency) Act, 1984, to reduce to 18 hours the threshold for qualification for the protection of the Unfair Dismissals Act, the Minimum Notice and Terms of Employment Act and the Redundancy Payments Acts. The question of amending the threshold further continues to be kept under review, taking into account all relevant considerations, including the cost implications for employers and for the State. I am afraid, however, that in present economic circumstances it would not be possible for me to hold out any hope that the existing threshold can be reduced in the immediate future in the light of the cost considerations involved.
I am sure the Minister is aware that there are in excess of 54,000 people designated as part time workers and that 90 per cent, if not more, are women. Since late last year, many women workers have been driven into part time work as a result of the effect of the equality legislation. Does the Minister not believe that there is an urgent need to amend the legislation so that these workers will be covered by the Unfair Dismissals Act, 1977, and similar legislation?
The Deputy's figures are correct. Part time workers are covered by most legislation. Previously, a person had to work for 21 hours before becoming eligible but that was reduced two years ago to 18 hours under the Protection of Employees (Employers' Insolvency) Act, 1984. There is, quite clearly, a cost factor involved in reducing the hours and, although we would like all workers in permanent, part time jobs to be covered by legislation, it cannot be done now as employers are under considerable stress maintaining the present level of employment. I have read many of the submissions of the trade unions in this regard and they are also very anxious that all workers should be eligible. In regard to the Unfair Dismissals Act, 1977, a review is taking place to see what can be done in regard to part time workers.
Will the Minister say when the review of the Unfair Dismissals Act, 1977, will be completed and when legislation will come before the House? Does he agree that there are employers in this city who refuse to take on other than part time workers because they are free to dismiss them without any notice or redundancy money? This is exploitation of women and of young people and the Dáil should move quickly to eliminate it.
This matter will arise again on Question No. 8 which deals with the review of the Unfair Dismissals Act, 1977.
Is the Minister aware of the growing practice on the part of some employers of taking on employees for fixed term contracts, the contract to expire before people would have qualified for protection under the Unfair Dismissals Act, 1977, or other legislation?
I agree with the comments of both Deputies. Where it can be proved that employers are flouting the regulations and employing people for 17½ hours — I hope it is not a widespread practice — some mechanism will have to be found to stop the practice. They are the same employers who employed people for 20½ hours when the regulations three years ago specified 21 hours. The Department are examining the matter, not just in relation to unfair dismissals but also in regard to general legislation in this area.