Dáil Éireann Debate, Wednesday - 22 January 2014
103. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation if he will provide in tabular form the number of prosecutions for failure to comply with minimum wage legislation in each year from 2008 to 2013; and if he will make a statement on the matter. [3152/14]
Amharc ar fhreagraThe National Employment Rights Authority (NERA) carries out inspections of employer records with a view to determining compliance with employment rights legislations. These inspections arise
- In response to complaints received of alleged non-compliance with relevant employment rights legislation;
- As part of NERA inspections focusing on compliance in sectors where there is an identifiable risk of non-compliance and,
- As routine inspections, which act as a control measure.
Ireland’s body of employment rights legislation protects all persons legally employed in Ireland on an employer-employee basis. These protections relate to the statutory minimum rates of pay and conditions. A person who is working under a contract of employment on a full-time or part-time basis has the same protection under law as all other workers.
NERA aims to achieve voluntary compliance with employment law through the provision of education and awareness, inspection of employers’ employment records and enforcement where necessary. While every effort is made to secure compliance, some employers either refuse or fail to rectify the breaches identified and/or pay money due to their employees. These employers are referred for prosecution.
The table below contains details of the number of NERA inspections concluded on an annual basis between 2008 and 2013. Details are also provided of the number of convictions obtained each year in respect of failure to comply with minimum wage legislation.
The reduction in the number of prosecutions concluded in 2012 and 2013 is also influenced by the respective decisions of the High Court regarding certain provision of the Industrial Relations Acts of 1946 and 1990 governing the making of EROs, and the Supreme Court relating to REAs where Part III of the Industrial Relations Act 1946 was held to be invalid having regard to Article 15.2.1 of the Constitution.
|
Year |
2008 |
2009 |
2010 |
2011 |
2012 |
2013 |
|
No. of Inspections concluded |
* |
8859 |
7164 |
5591 |
4689 |
5546 |
|
**No. of convictions |
4 |
13 |
28 |
20 |
11 |
9 |
*Comparable figures are not readily available
**Convictions are achieved in almost all cases that go to hearing.
