David Cullinane (Waterford, Sinn Fein) | Oireachtas source

I thank Teachta Neville. I will deal with the final point first, only the employee can make a request, so that in circumstances where a worker enjoys a flexible contract or is quite happy with their arrangement, there is no change in circumstances. It is only in situations where communication breaks down between the employee and the employer that a request can be made by the employee. The Deputy is correct that there are circumstances where employees enjoy flexible contracts and can work a number of different jobs and may not want to move into a band of hours. This would only apply in circumstances where an employee wants to move into a band and have a contract that reflects his or her hours of work.

There are genuine reasons people would want a contract that reflects the hours they work. Deputy Quinlivan touched on this point. Many of these workers, notwithstanding the exploitation and threats from some employers which hang over their heads if they raise concerns about their issues, if one goes for a loan or wishes to get a mortgage to buy a home, the banks look for one's contract. One can give them P.60s, which show that you have worked 30 or 40 hours a week for the year, but if the contract is for 15 hours a week, that is what they base their decision on. That has real consequences for people. We have heard at first hand from people who have suffered as a consequence.

The Deputy asked about the consequences of the timeframe for new businesses. Again, this will only happen where there is a breakdown in communication and the issue is adjudicated upon by the Workplace Relations Commission. I am sure that if an employer was able to make the case that as a new start-up business, the viability of the company was dependent on flexibility in respect of the hours and that the hours would reduce when it was up and running, the Workplace Relations Commission is reasonable and has shown itself to be reasonable. The employer would have an opportunity to set out its case and if it the case that the small business needs people doing additional hours in order to get the business up and running, but the hours will reduce over time, the employer would make that argument and I would hope in those circumstances the Workplace Relations Commission would adjudicate fairly.