Tuesday, 19 February 2019

Ceisteanna (635)

Michael Fitzmaurice

Ceist:

635. Deputy Michael Fitzmaurice asked the Minister for Employment Affairs and Social Protection further to Parliamentary Question No. 707 of 12 February 2019, if a community employment scheme supervisor can remain on the same wages if he or she is transferred to a different scheme due to a merger and is demoted in title to assistant supervisor; and if she will make a statement on the matter. [8343/19]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Employment)

Supervisors on CE schemes are employees of companies that receive public funding in the community and voluntary sector.  They are not employees of my Department or public servants.

CE companies contract with my Department to provide suitable work and training opportunities for participants.  A CE scheme may be considered no longer viable when the sponsor organisation is unable to fill the participant numbers as agreed in the contract with my Department.  In these circumstances mergers may be considered. 

As outlined in my earlier reply to the Deputy, if a merger occurs, a supervisor can transfer directly to the new scheme if there is a position of the same rank available. I have been assured that in the case referred to by the Deputy, the person in question will retain their position as a supervisor on transfer to the new scheme.  

A business taken over by another employer as a result of a legal merger or transfer the rights of the employees are protected by the following legislation, the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003.