Dáil debates

Tuesday, 13 November 2018

Saincheisteanna Tráthúla - Topical Issue Debate

Employment Rights

6:35 am

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein) | Oireachtas source

The continued use of bogus self-employment throughout Ireland means that workers are not defined as employees and they are not protected by some key employment legislation. As a result, they are entitled to fewer benefits such as sick pay, overtime, increments, pension contributions, maternity leave and holiday pay.

Department officials attended a meeting of the Joint Committee on Employment Affairs and Social Protection last week to discuss the issue of bogus self-employment. I was dismayed to learn the Department does not keep any records on bogus self-employment, despite carrying out inspections to supposedly identify it. Despite keeping no records of cases of bogus self-employment, the Department believes from some reports it cites that the issue of bogus self-employment is not significant or prevalent in the State. That is in stark contrast to the Irish Congress of Trade Unions, for example, which has estimated that over an eight-year period the State may have missed out on €640 million in unpaid PRSI due to bogus self-employment in the construction industry alone.

The newly-formed Connect trade union, which represents 40,000 craft workers, has estimated the practice is costing the State €300 million a year. Bogus self-employment is prevalent not only in the construction industry but in other sectors.

The Eversheds Sutherland report highlights significant difficulties and inconsistencies in employment practices at RTÉ. The Unite union has highlighted the problem faced by workers in the English language teaching sector. I understand there may be some employees - or they are not employees in the correct sense, - in this establishment who are suffering from bogus self-employment practice. The Minister needs to investigate that and come back to us on it.

With the increase in the prevalence of fast food, delivery services are becoming a major issue in this regard. Does the Minister have any intention of introducing measures to combat this problem, which is costing the State significantly in lost tax revenue and leaving thousands of workers vulnerable in their employment?

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