Vol. 427 No. 6
131 Mr. R. Bruton asked the Minister for Enterprise and Employment if his attention has been drawn to the fact that employers in the construction industry are taking on young labourers on self-employed contracts whereby they receive no protection or social welfare entitlements; his views on whether this is in accord with existing labour law; and if he envisages changes being made to protect young workers.
The Deputy's question relates to two separate issues, the question of protection under labour law and the question of social welfare entitlements.
The matter of social welfare entitlements is primarily a matter for the Minister for Social Welfare.
Protection under labour law arises under a variety of different enactments which differ slightly in relation to their scope and application. In general, labour laws attempt only to regulate employer/employee relationships and do not regulate self employment. The question of whether or not a specific individual's employment relationship comes within the scope of an individual labour law would be a matter for the relevant adjudicative body under that Act.
It is open to any person who considers that he/she has a grievance under labour law to refer the matter to the adjudicative body under the relevant Act which they feel has been breached. It will then be a matter for that body to determine if the facts of the employment relationship are such that the worker is covered by the Act in question.
I do not consider that changes need to be made in labour law to protect the workers referred to in the Deputy's question, in that it is the reality of their individual employment relationship which determines their legal entitlements and not any purported description of that relationship. If the contract offered to and accepted by the individual is one of self employment then the existing enactments of labour law intended for the protection of employees are not appropriate to them. However, I would point out to the Deputy that all workers, whether self employed or otherwise, are fully protected in so far as occupational safety and health at the worksite is concerned by the Safety, Health and Welfare at Work Act, 1989 and its associated regulations.
