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 John BradyJohn Brady (Wicklow, Sinn Fein) | Oireachtas source

I acknowledge the Minister has made some changes but they do not go far enough. The bands are far too wide and sparse. I fundamentally oppose amendments Nos. 37 and 38 for several reasons. First, the bands in amendment No. 37 are too wide. Second, the first band ranges from one hour to seven hours. I have made the argument previously that there should be a minimum of three hours provided to employees. That is reflected in the amendment myself and my colleague, Deputy David Cullinane, have put forward.

The amendment put forward by Deputy O'Dea refers to six hours. I believe that is too high.

There may be a flaw in this, which I hope has been unintentionally overlooked. It is a serious loophole which gives a get-out to unscrupulous employers. In respect of the bands, the Minister's proposal is for a band of between one and seven hours and the next of between eight hours and 15 hours but a full hour in between is unaccounted for. If an employer was to bring forward a contract for 10.5 hours per week, that would give the employer an out for this. My amendment caters for this in having a minimum of three hours. If any employer cannot pay a member of staff for three hours, we need to ask questions. I propose going from three hours or more to less than six hours, while band B goes from six hours or more to less than 11 hours. The bands are much tighter and cut out any potential exploitation or a loophole by which an employer can bypass the intention of this Bill, which is to bring an end, once and for all, to the use of if-and-when and zero-hour contracts, with the repercussions these things have for employees in precarious and low-paid employment.

I believe my amendment No. 39 is the strongest of the amendments as it caters for all the pitfalls that have been left there and I will be pushing the amendment.

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