Gerald Nash (Louth, Labour) | Oireachtas source

I discuss these matters with the Tánaiste all the time. Irish employment rights legislation contains strong safeguards for part-time workers. The Protection of Employees (Part-Time Work) Act 2001, which is the main legislation governing the employment rights of part-time workers, implemented EU Council Directive 97/81/EC into Irish law. The purpose of the directive was to implement the framework agreement on part-time work concluded by the European social partners.

In general terms, the 2001 Act provides that a part-time employee shall not be treated in a less favourable manner in respect of his or her conditions of employment than a full-time employee and that all employee protection legislation applies to a part-time employee in the same manner as it already applies to a full-time employee. The Act further provides that a benefit which is determined by the number of hours an employee works shall be applied on a pro rataor proportionate basis to part-time employees.

The Labour Relations Commission has prepared a code of practice on access to part-time working, pursuant to section 13(5) of the 2001 Act, in consultation with the social partners. The code of practice was drawn up in the context of clause 5.3 of the framework agreement which provides that, as far as possible, an employer should give consideration to a request by workers to transfer from full-time work to part-time and from part-time work to full-time work. Under section 42(4) of the Industrial Relations Act 1990, the code of practice is admissible in evidence in any proceedings before a court, the Labour Court, the Labour Relations Commission, the Employment Appeals Tribunal or the Equality Tribunal. In general terms, the Protection of Employees (Fixed-Term Work) Act 2003, which provides that fixed-term employees may not be treated less favourably than comparable permanent employees, is also relevant. This Act establishes a framework to prevent abuses arising from the use of successive fixed-term employment contracts. In addition, the Unfair Dismissals Act 1977, as amended, contains a provision aimed at ensuring successive temporary contracts are not used to avoid that legislation. I have no plans at this time to amend these provisions. A strong suite of legislative protections is in place for part-time workers.

My colleague, the Tánaiste and Minister for Social Protection, has responsibility for the one-parent family payment scheme. The purpose of the phased age change reforms under that scheme, as introduced in the Social Welfare and Pensions Act 2012, is to reduce long-term social welfare dependency by ending the expectation that lone parents will remain outside the workforce indefinitely. The aim of the reforms in question is to provide the necessary supports to lone parents to help them to access the range of education, training and employment programmes provided by the Department of Social Protection to develop their skill sets and, ultimately, to secure employment and financial independence.

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