Dáil debates

Wednesday, 7 February 2018

Ceisteanna - Questions - Priority Questions

Employment Rights

11:00 am

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael) | Oireachtas source

I thank the Deputy for his question. I am answering on behalf of the Minister of State, Deputy Breen, who has responsibility in this area but who is away on a trade mission. My Department is unaware of any alleged dispute at the company referred to by the Deputy. Having made enquiries, it would appear that the issues in question have not been brought to the attention of the relevant industrial relations-employments rights bodies, that is, the Workplace Relations Commission, WRC, and the Labour Court. I can, therefore, only address the issues raised relating to the alleged breaches of employment law in a very general way.

In terms of the rates of payment agreed by the parties to the SEO for the construction sector that was adopted in law in October 2017, these apply to every worker of the class, type or group in the economic sector to which the order applies. Equally, the terms and conditions relating to any sick pay scheme or pension scheme set out under the SEO are applicable. This applies to the employers of workers regardless of whether the employer is an agency or a construction firm by virtue of section 6 of the Protection of Employees (Temporary Agency Work) Act 2012.

In the event of a dispute as to the rates that should apply and to whom, the order sets out the dispute resolution procedure that applies. Essentially, this provides that in the first instance efforts should be made at local level to reach a resolution by giving notice in writing to the employer. Failing a resolution at this point, a complaint may be made to a WRC adjudication officer. In the case of an individual dispute, the outcome of the adjudication hearing can be appealed by either party to the Labour Court. In the case of a collective dispute, if the issue remains unresolved locally, it will be referred to the conciliation service of the WRC. If the issue remains unresolved after conciliation, it will be referred to the Labour Court for investigation and recommendation.

Regarding the other issue specifically referred to by the Deputy, it is the case that employees are entitled, in accordance with the Payment of Wages Act 1991, to receive payslips. In the event that an employee believes that his or her rights may have been contravened and would like to seek redress, the WRC is the appropriate body to contact as a first step. The WRC provides an information service on the obligations of employers and the employment rights of employees at its website www.workplacerelations.ie. It also operates a lo-call information line, on 1890 80 80 90, which provides information to both employers and employees. I would ask the Deputy to bring this information to the attention of the employees at the company in this instance and to encourage the employees at the company to avail of the extensive services provided by the WRC.

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