Jim O'Callaghan
Ceist:9. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Enterprise, Trade and Employment the action that can be taken in relation to carers on zero hour contracts (details supplied). [41736/21]
Amharc ar fhreagraThursday, 9 September 2021
Ceisteanna (9)
Freagraí scríofa
Ireland’s comprehensive body of employment rights legislation protects all employees who are legally employed on an employer-employee basis. Employment rights legislation was strengthened by the commencement, on 4th March 2019, of the Employment (Miscellaneous Provisions) Act 2018.
The Act delivered on the Programme for Government commitment to address the challenges of the increased casualisation of work and to strengthen the regulation of precarious employment.
The Act of 2018 provides that:
employers must give to employees their core terms of employment within five days of starting work;
zero hours contracts are restricted to situations where the work is of a genuinely casual, emergency or short-term relief nature;
there are minimum payments for people when they are called into work, but sent home without work;
a 'band of hours' system has been introduced whereby an employee can request to be placed on a contract that better reflects the hours they have worked over a 12 month reference period;
Section 18 of the Organisation of Working Time Act 1997 (OWTA) was amended to prohibit zero hour contracts except in the following circumstances:
- Where the work is of a casual nature;
- Where the work is done in emergency circumstances; or
- Short-term relief work to cover routine absences for the employer.
There are strong anti-penalisation provisions, including recourse to the Workplace Relations Commission, for employees who invoke their rights under this legislation.
In relation to sick pay, the Government is committed to introducing legislation to cover all employees and work is well underway in this regard. The Sick Leave Bill 2021 will be designed to take an incremental approach with the number of sick days to be paid to workers increasing gradually over a number of years. This is to give employers, particularly businesses who may have had to close or been negatively impacted due to Covid-19 restrictions, an opportunity to adjust to costs and the administrative burden. In line with statutory sick pay schemes throughout the European Union, the intention is that employers will cover the cost of an initial period where one of their employees is unable to work due to illness or injury. It is intended that the legislation will be in place by 2022.