Dáil Éireann Debate, Wednesday - 30 April 2014
258. Deputy Ann Phelan asked the Minister for Jobs, Enterprise and Innovation in the context of the transport industry and, specifically, with regard to the use of tacograph records as an acceptable means of time recording, the reason the National Employment Rights Authority, NERA, refuses to recognise same; and if he will make a statement on the matter. [18960/14]
Amharc ar fhreagraThe Organisation of Working Time Act 1997 gives effect to the EU Working Time Directive by setting out statutory rights for employees in respect of rest, maximum working time and holidays. Section 25 of the Act provides that an employer is required to keep such records, in such form as may be prescribed, as will show whether the provisions of the Act are being complied with.
The Organisation of Working Time (Records) (Prescribed Form and Exemptions) Regulations 2001 (S.I. No. 473/2001) prescribes the form of records to be maintained under Section 25 of the Act. Regulation 4 of S.I. No. 473/2001, provides that where no clocking in facilities are in place in a work place, a form to record the days and hours worked in each week by each employee shall be kept by the employer in the form set out in the Schedule entitled Form OWT1, or in a form substantially to like effect.
Each case examined by NERA is assessed on its own merits. Where the totality of records presented is sufficient to show that the provisions of Regulation 4 have been satisfied, they will be acceptable to NERA. Experience to date has indicated that tachograph records, in themselves, are insufficient to satisfy the requirements of Regulation 4. This view is supported by the Labour Court decision in Kyle International Transport Ltd v. Jitobah and a number of other cases. I would add that officials from my Department have met with a number of stakeholders to discuss their concerns regarding tachograph records and compliance with the Organisation of Working Time Act 1997. Further discussions are planned for the near future.
