Written Answers. - Services Sector Employment Conditions.
Godfrey Timmins
Ceist:
45
Mr. Timmins
asked the
Minister for Enterprise and Employment
whether he has satisfied himself that workers in the service sector, particularly those working in fast food outlets, are receiving their full entitlements to holiday leave, social insurance cover, safety representation and other worker rights.
[1886/94]
Statutory minimum rates of pay, minimum holidays and other conditions of employment of certain workers employed in certain areas of the service sector are prescribed in Employment Regulation Orders made by the Labour Court on the basis of proposals from Joint Labour Committees. At present, in so far as the service sector is concerned, Employment Regulation Orders are in operation in respect of certain workers employed in the following areas: catering, excluding Dublin city and Dún Laoghaire; contract cleaning, city and County of Dublin; hairdressing, Dublin city, Dún Laoghaire and Bray; hairdressing, Cork city; hotels, excluding Cork city, Dublin city and Dún Laoghaire; retail grocery and allied trades.
Fast food outlets come within the scope of the Employment Regulation Order for catering establishments where such outlets serve hot food for consumption on the premises. A Joint Labour Committee for catering establishments in the County Borough of Dublin and the Borough of Dún Laoghaire, which do not come within the scope of the existing Employment Regulation Order, has been established. It is expected that the new committee will submit proposals for an Employment Regulation Order to the Labour Court in the near future.
Employment Regulation Orders are enforced by the labour inspectors of my Department. These inspectors have power to enter premises, inspect wage sheets and other records, interview the employer and workers concerned, recover arrears and, if necessary, take legal proceedings against an employer who is in breach of an order.
Service sector employees, who are not covered by Employment Regulation Orders, have the same statutory entitlements as other employees under holidays, minimum notice and other employee protection legislation. I am satisfied that adequate provisions exist under legislation to enable employees to secure their entitlements under the legislation.
The Holidays (Employees) Acts, 1973 and 1991 provide that any employee who considers that his-her employer has not complied with the provisions of that legislation may refer a complaint to my Department. My Department will investigate the complaint and, where necessary, legal proceedings may be instituted against the employer.
The provisions of the Protection of Young Persons (Employment) Act, 1977, would also apply in the case of service sector employees under the age of 18 years. Complaints under this Act are fully investigated by my Department and, where necessary, legal proceedings may be instituted for breaches of the legislation.
Other Labour protection legislation such as the Unfair Dismissals Acts, 1977-1993, the Minimum Notice and Terms of Employment Acts, 1973-1991, the Payment of Wages Act, 1991, and the Terms of Employment (Information) Act, 1993, would also apply to service sector employees, working under a contract of service, who fulfil the eligibility requirements of the relevant legislation. These Acts make provision for an adjudication system to deal with complaints from employees in relation to alleged contraventions of the legislation.
Any employee who feels that his-her employer has contravened such legislation may refer a claim to the adjudicative authorities, i.e. the rights commissioner or the Employment Appeals Tribunal, for determination. Where the findings of the adjudicative authorities are not implemented by the employer, the matter may be pursued, if necessary, through the courts.
On the question of safety representation, under section 13 of the Safety, Health and Welfare at Work Act, 1989, all employees are entitled to select and appoint one of their number to act as a safety representative. The rights of employees and their representatives to be consulted with regard to health and safety matters which are included in the 1989 Act are further enhanced by the Safety, Health and Welfare at Work (General Application) Regulations, 1993. I am not aware of any cases in which these entitlements are being denied.
Finally, the question of social insurance cover would be a matter appropriate to the Minister for Social Welfare.
