Dáil Éireann Debate, Thursday - 19 May 2022
190. Deputy Paul Murphy asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will report on progress from his interactions with a company (details supplied) in relation to workers’ rights; if he supports a minimum payment per delivery for the drivers of €5; and if he will make a statement on the matter. [25670/22]
Amharc ar fhreagraAt the LEEF subgroup meeting on December 13th, I proposed setting up a Working Group to closely examine the issue of determination of employment status. This follows on from my engagement with delivery riders and other stakeholders. The Working Group will identify the problem, get reliable data and put all options on the table in an effort to bring the matter forward. There was a good and open discussion at the first meeting of the Determination of Employment Status Working Group on Wednesday 13th of April.
The terms of a contract, including any changes to those terms, are a matter for agreement between the parties to the contract. As such it would not be appropriate for me to comment on any proposed changes to the terms.
More generally, in Ireland, a mechanism exists for the determination of the employment status of individuals or groups. Where an issue arises in relation to the employment status of an individual, cases are forwarded to the Revenue Commissioners and/or the Scope Section of the Department of Social Protection for investigation either solely by the recipient, or jointly with the Labour Inspectorate of the Workplace Relations Commission (WRC).
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.
A revised Code of Practice on determining employment status, was published in July 2021 by the Minister for Social Protection. The Code is the key guidance document for employers and workers and others in relation to deciding the employment status of a worker. It was revised to take account of newer labour market developments, including platform work. Steps are underway to place the Code on a statutory footing.
In addition, the EU Commission published proposals for a range of measures on December 8th, 2021, including for a directive aiming to improve the working conditions of platform workers by preventing and addressing misclassification of their employment status. Working party discussions are continuing on this draft text.
