Mr. Denis Hynes:

I thank the Cathaoirleach and members of the committee for the invitation, which we appreciate. I will be reasonably brief. In SIPTU we continue to represent workers in the hospitality sector. Since the attack on the JLC for hospitality workers in the case of John Grace Fried Chicken Limited and Others v. Catering JLC in 2011, we have continuously sought the reintroduction of the JLC to protect the workers in the industry. In 2012, under the Industrial Relations (Amendment) Act, provision was made to reinstate the JLC for hospitality but, unfortunately, this has not progressed.

I will echo some of the statistics already shared. Currently, 68% of those working in hospitality are paid under €12 per hour, with 16% paid less than €10 per hour. Furthermore, staff have complained about not getting proper breaks and being on call when not required to work. There are 62% of workers who do not receive a Sunday premium and 33% do not get any additional payments or additional holidays when working on a public holiday. These statistics are supported by Bord Fáilte's own report from March this year.

The industry has bottomed out, with thousands of workers leaving the hospitality sector to take up employment elsewhere. The issue is not only about recruitment; it is also about the retention of employees currently in employment. What is the answer? The employer bodies would have us believe that the solution, echoed every day now, is to provide thousands of additional visas for migrant workers. They are also looking to increase beyond the current 20 hours the hours of work that foreign students coming to our country are allowed to work.

In October 2020, the Migrant Rights Centre of Ireland conducted a survey by interviewing over 1,000 undocumented migrants in Ireland regarding employment rights. The survey found that more than 25% of migrants who have lived here for five years or more were still not in receipt of the minimum wage. Earlier this year Ireland was encouraged to join the EU employers sanction directive, which stops employers recruiting and ill-treating migrant workers, according to a report published on 11 January 2022. Whether we want to accept it or not, we have a culture in Ireland which is recognised for certain levels of exploitation. Therefore, we must ensure all workers are protected in their employment. We totally agree that not every employer is a bad employer but ,unfortunately, experience to date indicates some will take advantage. We are out of sync with our EU counterparts in hospitality on pay and conditions, as I indicated previously.

Never before was an employment regulation order and a JLC needed more in hospitality.

This would bring about the minimum pay and conditions of employment that all workers should work under. Since the collapse of the JLC, the industry has been struggling to retain and engage new employees. The answer is neither bringing in thousands of vulnerable workers into the culture of exploitation we have here in Ireland nor expecting foreign students to work beyond 20 hours per week. The only solution is to put in place a floor on pay and conditions and make the hospitality sector attractive again for new entrants and those who are presently in employment.