Oireachtas Joint and Select Committees
Wednesday, 6 November 2024
Joint Oireachtas Committee on Jobs, Enterprise and Innovation
Sectoral Employment Order (Construction Sector) 2024: Discussion
9:30 am
Emer Higgins (Dublin Mid West, Fine Gael) | Oireachtas source
I thank the Deputy for welcoming the SEO. It is really important that we have these. It is a form of collective bargaining where we have trade unions, and where we have employers come to the table and collectively agree on the way forward for their industry.
With regard to compliance with the provisions of the SEO, inspections carried out by Workplace Relations Commission inspectors operate a compliance model. That means an inspector will work with the employer to ensure that the employer fulfils all of its statutory obligations, and that any outstanding wages or entitlements are given to workers. The inspectorate division of the WRC carries out inspections of employer records with a view to determining compliance with employment rights legislation, effectively. These inspections are in response to complaints received of alleged non-compliance with relevant employment rights legislation. They arise as part of compliance campaigns, which focus on compliance in specific sectors, or with specific pieces of legislation. They also arise from routine inspections, both announced and unannounced, which act as an overall control mechanism.
The aim of the WRC inspectorate is to achieve voluntary compliance with employment law through the provision of education, awareness, inspection of employers' employment records, and then enforcement when necessary. We know this is going to be very well communicated to the sector. The sector has a legal obligation and we expect it to have these minimum rates. On top of that then, we have a situation where the WRC can carry out inspections. It should be noted that while the WRC inspectorate does not currently have the powers to enforce the terms of the statutory orders, it goes in and has the powers to see what is happening in that company. Employees whose rights under a wage-setting mechanism have not been complied with are then referred to the adjudication service of the WRC for investigation. Dispute resolution, under SEOs, provides for access to the WRC's adjudication service. That specific division is for individual complaints and disputes. Then, the WRC conciliation service is there for collective disputes as well, and obviously an appeal is available on application to the Labour Court. Notice, in writing, of a dispute should be given to an individual and to their trade union as well, and it can be progressed that way.
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