Neale Richmond (Dublin Rathdown, Fine Gael) | Oireachtas source

I thank Deputy O'Reilly for raising this really important issue. I was delighted to see it on the question paper, because it deserves a good hearing. Deputy O'Reilly has raised it with me directly and with the Taoiseach several times in this Chamber, at committee and via correspondence. First and foremost, my thoughts, like those of the Deputy, are with those Iceland workers who are going through an unbelievably stressful period. As the Deputy will be aware, I have been meeting representatives from the grocery and retail sector this week. I can confirm that as per the Taoiseach's request, I have made contact with Iceland, though I have yet to have a full exchange with the company. An exchange is forthcoming and I will update the Deputy in due course and keep her fully abreast of the situation. We are all concerned about the treatment of the workers here, but it is important to note this is primarily a role for the WRC.

Ireland has a robust suite of employment rights legislation in place to protect and support workers, including certain protections with regard to the payment of wages and information provided to employees in situations where a transfer of undertakings has taken place. The European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 safeguards the rights of employees in the event of any transfer of an undertaking, business or part of a business from one employer to another employer as a result of a legal transfer or merger.

The main provisions of the regulations provide that all the rights and obligations of an employer under a contract of employment, other than pension rights, are transferred to the new employer on the transfer of the business or part thereof. The new employer must also continue to observe the terms and conditions of any collective agreements until they expire or are replaced. Both the outgoing and incoming employers are also obliged to inform the employees of the reasons for the transfer and the legal, social and economic implications. The affected employees must be given this information not later than 30 days before the transfer.

With regard to outstanding employee wages, the Payment of Wages Act 1991 establishes a range of rights for all employees in relation to payment of wages. Importantly, failure by an employer to pay all or part of the wages due to an employee is considered to be an unlawful deduction. I expect all employers to comply with their legal obligations under employment rights legislation and the WRC is the organisation which is mandated to secure compliance.

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