Dáil Éireann Debate, Wednesday - 21 June 2006
89 Ms Shortall asked the Minister for Enterprise, Trade and Employment if he will report on progress made in May and June 2006 in relation to the repayment by a company (details supplied) of moneys owed to construction workers here; if he has received satisfactory proof that these workers have been paid the money owed to them; the sanctions which are being sought against the company; and if he will make a statement on the matter. [23502/06]
Amharc ar fhreagraThe Department advised the company by letter dated April 4th 2006 that the material which had recently been supplied by them did not enable the establishment of the factual position in relation to payment of outstanding monies to workers. The company was asked again to supply the missing information.
Papers purporting to show that the company has discharged the financial obligations to employees were lodged with the Department on 6 June, 2006. This documentation is currently being examined by officials with a view to obtaining confirmation that the monies owed to employees have now been paid.
Early last year the Labour Inspectorate undertook an investigation of allegations of non-compliance with labour law by the company. A report on the investigation was prepared and circulated to relevant parties, including the construction firm involved. The Inspector's Report was quashed in the judgment that followed the full High Court hearing of the case. That decision has been appealed to the Supreme Court. I am unable, accordingly, to elaborate any further in relation to any sanctions which may be sought against the company.
91 Aengus Ó Snodaigh asked the Minister for Enterprise, Trade and Employment the action he will take to protect workers employed in domestic service in view of the fact that he has not asked the Labour Court to investigate the employment conditions prevailing for these workers as he is entitled to do under Section 24 of the Industrial Relations Act 1946; and his views on the introduction of an Employment Regulation Order to cover workers in this sector. [23480/06]
Amharc ar fhreagraThe Labour Inspectorate of the Department is responsible for monitoring certain employment conditions for all categories of workers in Ireland.
In the area of pay and conditions, it is primarily the provisions of the National Minimum Wage Act 2000 and the Organisation of Working Time Act 1997 that apply to employees who are employed in domestic service. Employees, working in the provision of domestic service, as is the case for employees in most other areas of the economy, are not categorised in any unique fashion in current employment legislation.
Inspectors pursue allegations of worker mistreatment and when evidence of non-compliance with the relevant employment rights legislation is found, the Inspectorate seeks redress for the individual/s concerned and, if appropriate, a prosecution is initiated. In this regard, I urge anyone who has evidence of the mistreatment of workers to furnish all the relevant details and any related materials to the Inspectorate with a view to pursuing the matter.
The new Social Partnership Agreement recognises the need for special measures to support the employment rights of persons employed in other people's homes. To this end, the Government has agreed with the Social Partners that the Labour Relations Commission will be asked to develop a Code of Practice which will set out the current employment rights and protections for those working in the home.
