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Employment Rights

Dáil Éireann Debate, Thursday - 10 May 2012

Thursday, 10 May 2012

Ceisteanna (88)

Paschal Donohoe

Ceist:

87 Deputy Paschal Donohoe asked the Minister for Jobs, Enterprise and Innovation if there is any legislation preventing companies from hiring staff on a permanent or contract basis whilst existing workers are being reduced to only three and four day weeks; if there is a particular instance of such a scenario happening; if he will investigate same; and if he will make a statement on the matter. [23617/12]

Amharc ar fhreagra

Freagraí scríofa

The decision as to who to employ in the workplace, and on what terms and conditions, is a matter for an employer. Statutory legislation sets the minimum standards an employer is obliged to meet respect of the entitlements of that employee, once employed.

I am not aware of a particular instance of the type referred to by the Deputy. However, where employees believe that their statutory entitlements are not being met then it is open to those employees to seek redress through avenues offered under various pieces of legislation. For example, complaints concerning the alteration of an employee's terms and conditions of employment are a matter for the Rights Commissioner Service under the Terms of Employment Information Act.

Disputes in relation to the operation of employment contracts / conditions of employment may be settled either directly between the parties involved or by availing of the State's industrial relations dispute settlement machinery as provided for under the Industrial Relations Acts. However, the consent of both parties to the dispute is required for such an intervention. Information on the range of employment rights that may be applicable, and on the various redress options available, is available from the Workplace Relations Customer Services website www.workplacerelations.ie or via their Information Service directly at 1890 80 80 90.

Alternatively if an employee considers an alteration to be a breach of the employment contract, he/she may seek redress for breach of contract in the civil courts.

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