Dáil Éireann Debate, Wednesday - 16 September 2020
92. Deputy Sorca Clarke asked the Minister for Social Protection if she has met or plans to meet with meat factory owners to address the concerns that have come to light due to Covid-19 regarding pay and living conditions of workers in their business; and if she will make a statement on the matter. [24330/20]
Amharc ar fhreagraIreland has a comprehensive suite of employment rights legislation that protects all employees, including migrant workers, who are legally employed on a contract of service basis. This is specifically set out in Section 20 of the Protection of Employees (Part-Time Work) Act 2001. Anyone employed under a contract of employment has access to those protections, including entitlement to the National Minimum Wage (NMW). The Workplace Relations Commission is charged with employment rights investigations and compliance. Where an individual believes they are being deprived of employment rights applicable to employees they may refer a complaint to the Workplace Relations Commission. The Workplace Relations Customer Service Section can be contacted at Lo-call: 1890 80 80 90 or via its website www.workplacerelations.ie.
There is no specific employment right in relation to the provision of accommodation. The National Minimum Wage Act 2000 permits deduction for lodgings if employees are in receipt of the NMW and are provided accommodation by their employer. Individual local authorities are responsible for enforcing minimum standards relating to private rented accommodation.
Any misclassification of workers as being self-employed when their terms and conditions are such that they are, in reality, employees, would be a matter of concern. Such misclassification improperly reduces contributions to the Social Insurance Fund and excludes workers from their full PRSI entitlements as well as some employment rights protections. My Department is actively engaged in reducing the prevalence of the misclassification of workers’ employment status across many sectors, including the meat processing sector. If a worker wishes to have a decision made in relation to whether they are a self-employed worker or an employee for the purposes of PRSI contributions, they should apply to Scope Section in the Department of Employment Affairs and Social Protection – Scope@welfare.ie.
It should be noted that occupational health and safety legislation in Ireland applies to all workers on a premises, regardless of employment contract status. The Health and Safety Authority, as well as the Department of Agriculture, Food and the Marine has responsibility for inspection and compliance in that context.
I am given to understand that, as well as the options for individual remedies set out above, there is already a significant level of inspection and compliance work ongoing in the meat sector that should help to address some concerns that have come to light in this sector due to Covid-19.
I trust this clarifies the matter for the Deputy.
