Dáil Éireann díospóireacht -
Thursday, 6 Apr 1995

Vol. 451 No. 7

Written Answers. - Seafarers' Employment Rights.

Thomas P. Broughan

Ceist:

107 Mr. Broughan asked the Minister for Enterprise and Employment if he will introduce legislation to give merchant seamen and other seafarers the same employment rights as other workers, such as transfer of entitlements between sea transport companies. [7169/95]

Minister for Enterprise and Employment (Mr. R. Bruton)

For the purpose of employment rights legislation generally, eligibility of merchant seamen and other seafarers depends on their employment status. The scope of employment rights legislation generally extends to persons who are engaged under a contract of employment or apprenticeship and who otherwise fulfil the eligibility criteria of the legislation concerned.

Where merchant seamen and other seafarers are employed under a contract of employment and satisfy the relevant eligibility criteria, they are entitled to the same benefits and protection as other eligible employees under a number of employment rights statutes administered by my Department. Those statutes are as follows: Unfair Dismissals Acts, 1977 to 1993; Terms of Employment (Information) Act, 1994; Payment of Wages Act, 1991; Redundancy Payments Acts, 1967-1991; Protection of Employees (Employers Insolvency) Acts, 1984-1991 and European Communities (Safeguarding of Employees Rights on Transfer of Undertakings) Regulations, 1980.

Seafarers are excluded from the Holidays (Employees) Acts, 1973 and 1991 and from certain provisions of the Protection of Young Persons (Employment) Act, 1977. The Minimum Notice and Terms of Employment Act, 1973 excludes persons who are employed under an employment agreement pursuant to Part II or Part IV of the Merchant Shipping Act, 1894.

My Department is currently reviewing the holidays legislation and young persons' legislation. The question of the entitlements of seafarers under those statutes will be among the matters which will be examined in the course of those reviews.