Dáil Éireann Debate, Wednesday - 10 November 2004
193 Mr. Wall asked the Minister for Enterprise, Trade and Employment the position regarding a person (details supplied) employed by an Irish subsidiary of a company in regard to employment legislation; and if he will make a statement on the matter. [28733/04]
Amharc ar fhreagraIt would appear from the information supplied with the question, that the person concerned is a posted worker within the meaning of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services.
Under this directive a posted worker is a worker who, for a limited period, carries out his or her work in the territory of a member state other than the state in which he normally works. The directive applies, inter alia, to undertakings that post workers to an establishment or to an undertaking owned by the group in the territory of a member state, provided there is an employment relationship between the undertaking making the posting and the worker during the period of posting.
The above directive was transposed into Irish law by section 20 of the Protection of Employees (Part-Time Work) Act 2001. The result of this transposition is that posted workers such as the person concerned are covered by all employee protection legislation on the Statute Book in the State.
Even if the person concerned is not a posted worker, he or she would still be covered by all employee protection legislation, because section 20 of the Protection of Employees (Part-Time Work) Act 2001 also provides that all such legislation applies to a person, irrespective of his or her nationality or place of residence, who (i) has entered into a contract of employment that provides for his or her being employed in the State, and (ii) works in the State under a contract of employment.
