Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

I thank the Deputy for explaining the intention of the amendment. My understanding is it would place an obligation on employers to comply where it may not make sense to do so. The provisions of the Bill will be applied by means of ministerial regulation where it is appropriate to do so and in consultation with representative organisations representing both employers and employees. The regulations will apply to sectors where tips and gratuities are a regular feature and where there is often significant customer uncertainty as to what a service charge is for.

As drafted, the Deputy's amendment would have the unintended effect of removing the protections this Bill intends to create for platform workers. This is because if the amendment were accepted section 4F would only apply to an employment relationship. The fact is platform workers generally are not employees and indeed the same could apply to some self-employed people. We have ensured the protections of the Bill as currently drafted will extend to them and that customers will be entitled to know whether the tips they intend to direct to those workers will actually reach them. The amendment would remove this protection and based on legal advice I cannot accept it.

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