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

I thank the Deputy for raising this important issue. I share the concern that employees should be correctly classified for social insurance, taxation and employment rights purposes and that they should be entitled to protection against victimisation if they challenge how an employer classifies them. While this latter question is primarily one for the Minister for Enterprise, Trade and Employment, I draw the Deputy's attention to the fact it is a criminal offence under section 252 of the Social Welfare Acts for an employer to knowingly and falsely classify a person as self-employed, subject to a penalty on conviction of up to three years imprisonment.

I note the publication of the June 2021 report on this issue of the Joint Committee on Social Protection, Community and Rural Development and the Islands. I am sure the Deputy knows that my officials provided information and assistance to both the previous and the current committees in their deliberations on this matter and that my Department's response to the committee's draft report is appended to its final report.

From the material provided, the Deputy will know that my Department takes the issue of false self-employment very seriously indeed. That is why it has established a dedicated investigation team, called the employment status investigation unit, to investigate employment arrangements across all sectors.

With regard to the committee's recommendations, they will require detailed and careful analysis and, as they issued just two weeks ago, it will take some time to form a view, to receive legal advice on their implications and, in addition, to consult affected stakeholders. I note the specific recommendation referred to by the Deputy crosses my Department and the Department of Enterprise, Trade and Employment. Any legislation arising will then need to be drafted and accommodated within what is already a busy legislative agenda.

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