Dáil Éireann Debate, Thursday - 26 January 2017
217. Deputy David Cullinane asked the Minister for Jobs, Enterprise and Innovation if her attention has been drawn to reports of bogus employment contracts in the construction sector; and if she will make a statement on the matter. [3608/17]
Amharc ar fhreagraI assume the Deputy is referring to a case reported in the media earlier this week about a number of construction workers who have sought clarification of their employment status from the Department of Social Protection. It would be inappropriate for me to comment on this particular case.
More generally, apart from significant losses to the Exchequer that can arise from cases of so-called bogus self-employment, the practice has serious implications from an employment rights perspective. In this respect, it is important that individuals are correctly designated as regards employment status so that those who ought to be designated as employees are not deprived of their employment rights. This is particularly the case for vulnerable workers who may not feel in a position to object to certain arrangements.
Ireland has a well-resourced labour inspectorate, which forms part of the Workplace Relations Commission (WRC) and there are existing mechanisms in place to determine the employment status of individuals or groups. Inspections are undertaken on the basis of risk analysis which identifies certain sectors, as a result of complaints received and on a routine basis. Where the WRC inspection service receive complaints in relation to bogus self-employment or bogus sub-contracting, they are forwarded to the Revenue Commissioners and/or the Department of Social Protection (Scope Section) for investigation either solely by the recipient, or jointly with the Workplace Relations Commission.
In most cases it will be clear whether an individual is employed or self-employed. Where there is doubt in relation to the employment status of an individual the relevant Departments and Agencies will have regard to the Code of Practice for Determining Employment or Self-Employment Status of Individuals. This Code was drawn up and agreed in 2007 by the relevant Government Departments with ICTU and IBEC.
Where an individual believes they are being deprived of employment rights applicable to employees they may refer a complaint to the WRC where the matter can be dealt with by way of mediation or adjudication leading to a decision that is enforceable through the District Court. WRC inspectors can also be asked to investigate certain breaches. Complaints can be made on a single complaint form available at the WRC’s website www.workplacerelations.ie. The WRC’s Customer Service Section, which provides information to both employers and employees in relation to employment, equality and industrial relations rights and obligations, can be contacted at Lo-call: 1890 80 80 90 or 059-9178990.
