Oireachtas Joint and Select Committees

Thursday, 10 October 2019

Joint Oireachtas Committee on Social Protection

General Scheme of the Payment of Wages (Amendment) Bill 2019: Discussion

Mr. Clement Shevlin:

It was clearly evident in the discussion that they were adamant that the service charge was theirs and that it was a business contract. People do not go to a restaurant and sit down for a meal to enter a business contract, especially when they do not know where it goes. A business contract comes with detail. This comes with two words, "service charge". They were quite adamant, in fact I thought they were lobbying for Senator Gavan's Bill, and all in agreement in saying that tips should go to the employee, yet they do not want progress made on that in legislation. They are supporting a Bill that does not provide that. Doing so is wish-wash, while at the same time telling legislators in the legislative Chambers that they have a business contract with customers, which is official and not to be touched. Legislators can do what they like and give them their tips all day long, but they cannot touch this with no transparency either for the public or for the worker in the sector. As the Chairman said, in any place where there is a service charge there are fewer tips for the workers there. If we are talking about unintended consequences for workers and saying that this legislation will bring unintended consequences, we are ignoring the current consequences of abused vulnerable staff that have a wider effect on society.

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