Written answers
Tuesday, 30 April 2024
Department of Enterprise, Trade and Employment
EU Directives
Gerald Nash (Louth, Labour)
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278. To ask the Minister for Enterprise, Trade and Employment the nature of and the current situation with regard to the European Commission’s announcement of 20 September 2022 that it was sending Ireland a formal notice (INFR(2022)0369) in respect of Directive (EU) 2019/1152 on transparent and predictable working conditions; and if he will make a statement on the matter. [19498/24]
Emer Higgins (Dublin Mid West, Fine Gael)
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EU Directive 2019/1152 of the European Parliament and of the Council of 20 June 2019 on Transparent and Predictable Working Conditions in the European Union has been transposed. The European Union (Transparent and Predictable Working Conditions) Regulations 2022 (S.I. No 686 of 2022) became law on 16 December 2022.
The EU Commission has been informed that S.I. No 686 of 2022 was signed into law on 16th December 2022, which gives full effect to the transposition of EU Directive (EU) 2019/1152. Formal notification of transposition and the relevant concordance material issued to the EU Commission via THEMIS.
No further action has been notified to date to my Department by the Commission in this matter.
Gerald Nash (Louth, Labour)
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279. To ask the Minister for Enterprise, Trade and Employment the nature of and current situation with regard to the European Commission’s announcement of 26 January 2023 that it was sending Ireland a reasoned opinion (INFR(2018)2235) for the non-conformity of Irish legislation with Directive 2014/67/EU on the enforcement of Directive 96/71/EC; and if he will make a statement on the matter. [19499/24]
Emer Higgins (Dublin Mid West, Fine Gael)
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Council Directive 96/71/EC on the posting of workers in the framework of the provision of services was transposed into Irish law via the Protection of Employees (Part-time Work) Act 2001. Accordingly, the full range of Irish employee protection legislation applies to workers posted to work, or otherwise working, in the State. A "posted worker" is an employee who is sent by their employer to carry out a service in another EU Member State on a temporary basis.
Concerns in relation to the enforcement across the EU of Council Directive 96/71/EC led to the adoption in May 2014 of EU Directive 2014/67/EU on the enforcement of Directive 96/71/EC (“the Framework Directive”) concerning the posting of workers in the framework of the provision of services which was transposed into Irish law on 28 July 2016 via S.I. 412 of 2016 - European Union (posting of Workers) Regulations 2016.
On 26 January 2023, Ireland received a Reasoned Opinion from the European Commission on account of non-conformity of the 2016 Regulations, specifically that Article 12(2) concerning subcontracting liability. The Commission is of the view that the application of subcontracting liability only to cross-border situations might discourage final clients and contractors from contracting or subcontracting with service providers established in other Member States, putting these undertakings at a disadvantage as compared with undertakings established in Ireland.
Ireland issued a response to the Reasoned Opinion on 23 March 2023, outlining how the State has faithfully transposed Article 12(2) of the Directive.
No further action has been taken to date by the Commission.
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