Dáil Éireann Debate, Thursday - 8 September 2022
1336. Deputy Brendan Griffin asked the Minister for Further and Higher Education, Research, Innovation and Science if he will advise on a matter (details supplied); and if he will make a statement on the matter. [43396/22]
Amharc ar fhreagraIreland has a comprehensive body of employment legislation, in respect of which the Workplace Relations Commission is mandated to secure compliance. Employment rights legislation protects all employees, including apprentices, who are legally employed on a contract of service basis.
Where an individual believes they are being deprived of employment rights applicable to employees they may refer a complaint to the Workplace Relations Commission (WRC) where the matter can be dealt with by way of mediation or adjudication leading to a decision that is enforceable through the District Court. WRC inspectors can also be asked to investigate certain breaches. Complaints can be made on a single online complaint form available at the WRC’s website www.workplacerelations.ie.
The Workplace Relations Customer Service Section can be contacted at Lo-call: 0818 80 80 90 or via its website www.workplacerelations.ie.
Generally, apprentices who are employed under a contract of service or apprenticeship are entitled to the same employment rights protection as all other employees employed under a contract of service. However, there are a few exceptions in relation to apprentices:
- In the case of statutory apprentices, the Unfair Dismissals Acts do not apply if the dismissal takes place within six months after the commencement of the apprenticeship or within one month after the completion of the apprenticeship. (Section 4 of the UD Act)
- An employer of an apprentice is not obliged to pay a redundancy lump sum under the Redundancy Payments Acts if the dismissal takes place within one month after the completion of the apprenticeship. (Section 7(4) of the RP Act)
- Apprenticeships are excluded from the remit of the National Minimum Wage.
Notwithstanding this it is important to note that it is a central principle of the apprenticeship system in Ireland that both apprentices and their employers are assured of a high-quality apprenticeship experience leading to recognised awards. There are a number of processes in place to support this, underpinned by statute under the Industrial Training Act 1967 and the Quality Assurance and Qualifications Act 2012, including:
- ‘The Apprenticeship Code of Practice’, published by SOLAS, covers the key obligations of employers and apprentices participating in apprenticeship. Employers are required to sign up to this code prior to engaging apprentices. Companies seeking to recruit apprentices are also required to undertake the SOLAS ‘Suitability to Train Assessment’ prior to being admitted onto the register of approved employers.
- The network of Authorised Officers (AOs) of the Education and Training Boards (ETBs), working on behalf of SOLAS, continually engage with employers and individual apprentices throughout their apprenticeship programme, ensuring adherence to the Code of Practice as well as providing ongoing supports.
- All SOLAS approved training organisations and tutors are subject to independent scheduled process monitoring and/or unscheduled assessment event monitoring to ensure adherence with both Quality Qualifications Ireland (QQI) accreditation and SOLAS requirements.
- A comprehensive quality assurance process for apprenticeships covers the quality of delivery on and off the job training and is overseen by QQI through co-ordinating providers.
- The employer is the provider of ‘on-the-job’ elements of the Apprenticeship Programme and is responsible for apprentice direction, observation, supervision, and, if applicable, assessment. Employers are required to:
- Ensure that the apprentice is released to attend the mandatory apprenticeship induction presentation.
- Release the apprentice for the off-the-job training elements of the Apprenticeship Programme on the dates and to the location as notified.
- Regularly communicate with the apprentice and his/her workplace mentor and/or assessor/verifier to monitor how the apprentice is progressing.
- Be proactive in reviewing the apprentice's progress and provide support, advice and encouragement to the apprentice throughout the apprenticeship.
- The trade union movement are also an integral part of the delivery of the apprenticeship system in Ireland. This is achieved through membership of the National Apprenticeship Alliance.
I would advise your constituent to engage further with his Authorised Officer in his local Educational and Training Board to ascertain whether any further steps can be taken in light of the above or if the situation can be resolved.
In relation to securing employment with another plumbing company, again his Authorised Officer would be the best person to discuss this matter with. They would be best placed to give advice on how to secure an alternate employer and ensure a successful outcome and may hold details of local employers with positions vacant. Contact details for all ETB’s can be found here www.etbi.ie/etbs/directory-of-etbs.
Positions with SOLAS-approved employers who are currently seeking to hire apprentices are also regularly advertised on www.apprenticeship.ie.
It is important to note that apprentices are primarily employees and as such, eligible apprentices are also entitled to access general employment supports through the social welfare system. Further details can be found at gov.ie - Department of Social Protection (www.gov.ie) or from his local Intreo Office.
