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Employment Rights

Dáil Éireann Debate, Wednesday - 7 March 2012

Wednesday, 7 March 2012

Ceisteanna (82, 83)

Arthur Spring

Ceist:

82 Deputy Arthur Spring asked the Minister for Jobs, Enterprise and Innovation the number of inspections that were carried out by the National Employment Rights Authority on Irish based contractors who were awarded public works contracts each year since 2008; and if he will make a statement on the matter. [12965/12]

Amharc ar fhreagra

Arthur Spring

Ceist:

83 Deputy Arthur Spring asked the Minister for Jobs, Enterprise and Innovation the number of inspections carried out by the National Employment Rights Authority on contractors registered outside of Ireland and who were awarded public works contracts in this country each year since 2008; and if he will make a statement on the matter. [12966/12]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 82 and 83 together.

The National Employment Rights Authority (NERA) case management system facilitates the capturing of details in respect of employers inspected in various sectors, including construction and electrical. It does not capture details in respect of individual employers which may, as part of their overall business, have been engaged in public contract work. The National Employment Rights Authority (NERA) carries out inspections, on a risk management basis, on receipt of a complaint or as part of its ongoing proactive inspection programme.

Contractors working in the construction sector come within the terms of the Registered Employment Agreement for the Construction Industry, where they are building or civil engineering undertakings, the principal business of which is one or a combination of any of the activities set out in the agreement. Contractors may also come within the terms of the Registered Employment Agreement for the Electrical Contracting Industry where the main activity of the business is the performance of electrical work on a contract or sub-contract basis for a third party. The table provides details of inspections carried out under both Agreements for the period 2008 to date.

Legislation

Cases

Compliance Level %

Unpaid Wages Recovered

2008

CONSTRUCTION

297

38%

710,475

ELECTRICAL

34

53%

133,351

TOTAL

331

40%

843,826

2009

CONSTRUCTION

395

45%

252,357

ELECTRICAL

15

27%

28,004

TOTAL

410

44%

280,361

2010

CONSTRUCTION

407

56%

213,297

ELECTRICAL

40

60%

51,946

TOTAL

447

56%

265,243

2011

CONSTRUCTION

399

58%

269,910

ELECTRICAL

54

52%

21,596

TOTAL

453

58%

291,506

2012 to date

CONSTRUCTION

56

64%

14,538

ELECTRICAL

10

50%

2,570

TOTAL

66

62%

17,108

NERA aims to achieve voluntary compliance. However, some employers either refuse or fail to rectify the breaches identified and/or pay money due to their employees. These employers may be referred for prosecution.

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