Dáil debates

Thursday, 29 November 2018

Social Welfare, Pensions and Civil Registration Bill: Report Stage

 

2:40 pm

Photo of Joan CollinsJoan Collins (Dublin South Central, Independent) | Oireachtas source

I was unable to be present for the Committee Stage debate and I did not table any amendments to the Bill. However, I support a number of the amendments tabled on Report Stage, particularly this one. We know this practice has been ongoing since the late 1990s. It particularly affects couriers, delivery van drivers and those in the construction industry. A recent State project in Dolphin's Barn had subcontractors in self-employment. The workers came forward and said it was bogus self-employment and that they were trying to get it dealt with. It is occurring increasingly in the area of English language teaching where people are being forced to register as self-employed. It is happening across the board. Whether it is 1% or 15% of the workforce no employment of this nature should be allowed to seep into the workplace. It is soul destroying for the workers. They cannot plan for events such as birthdays, first communions, Christmas and so forth. It has a huge impact on them because they do not get paid for the period they are off work. They have no holiday pay. The more the issue is raised and discussed in the House and the more we try to get to the bottom of it, the more employers might start thinking that they will have to change their practices in their workplaces.

Another area where should be more investigation, and perhaps it can be done by the committee, is the number of decisions made by the Scope section that were in favour of workers, holding that they were directly employed, and how in the majority of cases the social welfare appeals office generally went against those decisions and overturned them. That should be examined. Workers have the wherewithal to come forward to the Department and go through the process, yet employers are able to use the social welfare appeals office to make their case that these workers are self-employed. I support the amendment.

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