Written Answers - Sunday Trading.
Richard Bruton
Ceist:
69
Mr. R. Bruton
asked the
Tánaiste and Minister for Enterprise, Trade and Employment
the review, if any, she has undertaken of the present practices in relation to Sunday working; if she has found a significant incidence of cases where Sunday working is not optional and of cases where no premium is being paid for work on a Sunday; and if she will make a statement on the matter.
[25484/98]
I initiated a discussion process in January last between IBEC and trade union interests, including the unions primarily concerned, SIPTU and MANDATE, under an agreed independent chairman to address the difficulties on the employment front associated with the growing practice of Sunday trading. My considered view was that a partnership approach could succeed in resolving the difficulties involved in a manner that would be mutually acceptable to both sides.
In May I received a report of the discussion process which indicated that the parties involved had accepted that a code of practice along lines proposed by the chairman could, without prejudicing the fundamental position of either side, form the basis of a common and voluntary approach to practice in relation to retail sector Sunday working. I accepted that report and, under section 35 of the Organisation of Working Time Act, 1997, I formally requested the Labour Relations Commission to prepare a code of practice on Sundy working in the retail sector. The LRC, having consulted the relevant interested parties, duly submitted such a code to me which, by order signed by me on 19 November 1998, I declared to be a code of practice for purposes of the Sunday work supplemental provisions set down in section 14 of the Organisation of Working Time Act, 1997. Copies of the code were lodged in the Dáil Library on 23 November and publication of the code was formally launched on 25 November.
As regards the incidence of cases where Sunday working is obligatory, the Deputy may wish to note that employment regulation orders, EROs, and registered employment agreements, REAs, established under the Industrial Relations Acts 1946-1990 prescribe statutory minimum rates of pay and conditions of employment for workers employed in a number of sectors where Sunday working is prevalent. The retail grocery — allied trades and the drapery — footwear sectors, for example, are covered by, respectively, an ERO and an REA: the conditions of employment laid down in these two sectors allow for Sunday working which, however, is compensated for by means of shift allowances paid in respect of work carried out during unsocial hours.
As regards the incidence of cases where no premium is paid for Sunday work, the Deputy will be aware that section 14 of the Organisation of Working Time Act, 1997, provides that an employer who requires an employee to work on Sunday — except an employee whose pay conditions already reflect the fact of his-her having to work on Sunday — shall pay compensation to that employee by means of a reasonable allowance or a reasonable increase in pay or reasonable paid time off or a combination of two or more of these means. In the event of default by an employer in respect of this obligation, an aggrieved employee, may present a complaint to a rights commissioner who, having given the parties involved an opportunity to be heard, shall give a decision in writing in relation to the complaint. Such decision may be appealed to the Labour Court. Having checked the position with the rights commissioner service, I can confirm that the low level of complaints on this isssue would seem to suggest that employers generally are satisfactorily implementing their section 14 obligations.
Richard Bruton
Ceist:
70
Mr. R. Bruton
asked the
Tánaiste and Minister for Enterprise, Trade and Employment
if she will consider as a possible alternative the introduction of compulsory maximum six day opening for retail premises which could be applied uniformly and still permit shops to make distinctive offering regarding opening times in view of the legal difficulties in proceeding with restrictions on Sunday trading in a way which discriminates between different outlets.
[25485/98]
The Shops (Hours of Trading) Act, 1938 governs the opening of retail establishments. The Act provided for a ban on Sunday trading for most shops but gave the Minister power by order to add to the list of exempted businesses, or to exempt specified regions from the provisions of the Act. However, an order made later that year (1938) exempted the whole country from the provisions of the Act and effectively removed all restrictions on Sunday trading. This remains the position to the present day. My understanding is that the current legislation would not permit what the Deputy suggests. I have no proposals currently to legislate in this regard.
