Oireachtas Joint and Select Committees

Thursday, 17 May 2018

Select Committee on Social Protection

Employment (Miscellaneous Provisions) Bill 2017: Committee Stage

10:00 am

Photo of Willie PenroseWillie Penrose (Longford-Westmeath, Labour) | Oireachtas source

Why? This is the real meat of the issue. I made it clear during my Second Stage contributions to the Bill that this matter is very germane to the whole question. Our contention has always been that the real issue around precarious work is not a proliferation of zero-hour contracts, but if-and-when arrangements, and this Bill does nothing to address this running sore.

Together with several colleagues, I had put it to the Minister that she had, in effect, excluded casual work for the purpose of creating a loophole which would mean that if-and-when contracts will become the contract of choice for bad employers, of whom there are not many but there are those out there who continue to engage in exploitation. The University of Limerick study identified that in if-and-when arrangements, there was no mutuality of obligation so it is debatable as to whether a contract is in place at all. This goes to the heart of what we are trying to fix. We want all workers, including those in casual and if-and-when arrangements, to be able to enjoy the benefits of the proposed new laws, which is the right to have the reality of their working hours reflected in an appropriate band in their written terms and conditions, after a 13 rather than an 18-month period.

This amendment was tabled for that purpose. The Minister now argues that is a charge on the Exchequer. The Chairman has set that out clearly.

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