Damien English (Meath West, Fine Gael) | Oireachtas source

I thank Deputy O'Reilly for raising this issue.

It is important to ensure that workers are correctly classified in a way that matches the reality of the relationship between the worker and the business. Therefore, we take very seriously any bogus employment. The Tánaiste is very clear on that and has set up a working group on the matter.

In Ireland, mechanisms exist for the determination of the employment status of individuals or groups. Where an issue arises in respect of the employment status of an individual, cases are forwarded to the Revenue Commissioners and-or the scope section of the Department of Social Protection for investigation, either solely by the recipient or jointly with the labour inspectorate of the Workplace Relations Commission. The WRC may also determine employment status as a preliminary issue at an adjudication hearing dealing with an employment rights dispute.

In July 2021 a revised code of practice on determining employment status was published by the Minister for Social Protection. This code is the key guidance document for employers and workers and others on deciding the employment status of a worker. The code was revised to take account of newer labour market developments, including platform work.

The misclassification of workers as self-employed when their terms and conditions mean that they are, in reality, employees is a matter of concern to us. However, in the changing world of work, correct classification of the relationship between employers and workers is not always a straightforward matter, and each case must be judged on its individual circumstances. That is the system we have operated here very successfully for a long number of years.

Regardless of the complexities in this area, it is important that false self-employment is tackled wherever it occurs, and we are very clear on that. To that end, the Tánaiste has requested our Department to convene a working group consisting of officials from the Department, the Department of Social Protection and the Revenue Commissioners as well as representatives from ICTU, IBEC, the Construction Industry Federation of Ireland and ISME to examine closely this issue. I chair that group and we have met on a number of occasions.

Ireland has a broad suite of employment rights legislation. All businesses including those in receipt of public funds - we are very clear on this - are obliged to adhere to the law of the land, including those obligations arising under employment rights legislation. The WRC is the organisation within the State which is mandated to secure compliance with employment rights legislation and it does a good job in doing so.

Deputy O'Reilly raised a specific issue. I cannot comment on any individual case-----

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