Dáil Éireann Debate, Thursday - 8 March 2018
242. Deputy Clare Daly asked the Minister for Business; Enterprise and Innovation if she has satisfied herself that breaches of the National Minimum Wage Act 2000 identified by NERA in 2010 regarding sleep over shifts in the social care sector have been adequately resolved and that employees affected have been fully compensated for underpayments. [11365/18]
Amharc ar fhreagra243. Deputy Clare Daly asked the Minister for Business; Enterprise and Innovation the levels of underpayment of minimum wage to employees working sleep over shifts in the social care sector which were established by NERA in each of the years 2010 to 2017 respectively; and the level of repayment of arrears which has been secured by the inspectorate on behalf of employees affected. [11366/18]
Amharc ar fhreagra244. Deputy Clare Daly asked the Minister for Business; Enterprise and Innovation the measures taken between 2010 and 2017 to ensure against breaches of the National Minimum Wage Act 2000 in the social care sector specifically with reference to sleep over shift payments; the further steps she plans to take in this regard; and if she will make a statement on the matter. [11367/18]
Amharc ar fhreagra245. Deputy Clare Daly asked the Minister for Business; Enterprise and Innovation further to Parliamentary Question No. 261 of 20 February 2018, the proportion of the unpaid wages recouped for employees which applies to the social care sector in which employees were underpaid for sleep over shifts. [11368/18]
Amharc ar fhreagraI propose to take Questions Nos. 242 to 245, inclusive, together.
I would draw the Deputy’s attention to the fact that policy responsibility for the social care sector and the issue of payment of overnight workers in that sector is a matter that comes within the remit of the Minister for Health and is a matter that is I understand, being dealt with by that Department.
As I mentioned in my earlier reply to the deputy on 20 February last, the Department of Health, the HSE, Social Care employers and unions are participating in a conciliation process led by the Workplace Relations Commission (WRC) on the issue of time spent on sleepovers services in the social care sector. I understand that the intention is to ensure that arrangements are put in place to ensure that staff in that sector are in receipt of the national minimum hourly wage for hours spent on sleepover duty. As this is a matter primarily for the Minister for Health, I suggest that the deputy might wish to pursue this issue directly with that Department.
As regards the Workplace Relations Commission (WRC), it is responsible in general for ensuring compliance with employment rights legislation, including the national minimum wage in all employment sectors. As the deputy will be aware, WRC inspectors, formerly NERA inspectors, routinely carry out inspections in all employment sectors, including in the social care sector, with a view to checking for and enforcing employment rights compliance by employers.
In the first instance, the WRC aims to achieve voluntary compliance with employment law through the provision of education and awareness, inspection of employers’ employment records and, enforcement where necessary. If voluntary compliance cannot be achieved and employers either refuse or fail to rectify the breaches identified and/or pay money due to their employees, these cases are referred for further prosecution.
The following table sets out the outcome of inspection activities in the broader healthcare sector in the years 2014 to 2018. Figures for the sector were not captured separately prior to 2014.
Inspections in Health Nursing and Childcare Sector
|
# |
No. of Inspections |
Unpaid Wages Recovered |
|
2014 |
88 |
€32,250 |
|
2015 |
83 |
€67,043 |
|
2016 |
73 |
€156,071 |
|
2017 |
78 |
€200,198 |
|
2018 |
4 |
€0 |
It is not possible to disaggregate the available data to identify the proportion of unpaid wages recouped by the WRC that relates to sleep over shifts in the social care sector.
It may be helpful to note that in response to compliance issues identified by NERA in the social care sector, guidance was published for the sector on the issue of entitlement to payment for hours worked by overnight workers.
This guidance can be accessed at:
http://www.workplacerelations.ie/en/Publications_Forms/Archived_Publications/NERA_Quarterly_Review_-_June_2012.pdf).
