Dáil debates

Tuesday, 2 February 2016

Topical Issue Debate

Employment Rights

6:00 pm

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

We have managed to reduce job loss levels but that is not to say that any job loss is very difficult for the families involved, and my sympathy is with the families involved in this situation.

It is also a reminder to us that we are working in a very difficult environment where changes in the economic environment impact on companies. We all know that patterns of usage in the video rental area have changed dramatically, and this company has gone into liquidation as has happened. It has the protection of the State and I can assure the Deputy that we will make all the resources of the State available to support the people who have been displaced from their jobs.

In a situation such as this, where a redundancy is concerned, there is a body of Irish employment legislation where there are significant protections afforded to employees whose employers are insolvent in the event that the employer defaults on payments of wages and other entitlements. These rights are mainly contained in the Protection of Employees (Employers' Insolvency) Act 1984 and the Redundancy Payments Act, which are administered by my colleague, the Tánaiste and Minister for Social Protection.

The purpose of the insolvency payments regime, which operates under the Protection of Employees (Employers' Insolvency) Act 1984, is to protect certain outstanding pay-related entitlements due to employees in the event of insolvency of their employer. In situations such as Xtra-vision, where a liquidator has been appointed, in the event that the employer is unable to pay the employees their statutory redundancy and other entitlements, a claim may be made on the Department of Social Protection.

In the first instance the staff of Xtra-vision who have lost their jobs as a result of the closure should contact the liquidator to ensure they receive their statutory redundancy and wage-related payments. The person legally appointed to wind up the company certifies the employees' redundancy and insolvency claims from the records available and sends the claims to the redundancy payments section of the Department of Social Protection. The Workplace Relations Commission customer service and information unit was made available to provide information to the concerned staff.

As regards the position in Tesco, it should be noted that the terms of a contract are a matter for agreement between the parties to the contract. Section 3 of the Terms of Employment (Information) Act 1994 sets out what terms in an employment contract must be put in writing. Section 5 of the Act further provides that when a change is made or occurs in any part of the contract furnished by an employer, the employer shall notify the employee in writing of the nature and date of the change as soon as may be. It is our understanding that Tesco is engaging with trade unions about proposed changes to the contracts in question, including the issue of compensation for affected employees. The State's industrial relations machinery is available to assist, if required.

Anyone with concerns regarding employment rights can contact the Workplace Relations Commission customer service and information unit, which provides information on employment equality and industrial relations legislation. It can be contacted at lo-call 1890 80 80 90 or via its website www.workplacerelations.ie.

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