Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context

Question 6: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to the fact that there are secretaries and caretakers in schools who are working below the minimum wage in many cases; and if she will make a statement on the matter. [23569/08]

Jimmy Devins (Sligo-North Leitrim, Fianna Fail)
Link to this: Individually | In context

The National Employment Rights Authority, NERA, was established in 2007 on an interim basis on foot of a commitment in the social partnership agreement Towards 2016. NERA has responsibility for the promotion and enforcement of compliance with employment law generally. Under the National Minimum Wage Act 2000 NERA may undertake inspections to check compliance with the provisions of the Act and in certain circumstances may initiate prosecutions for failure to comply with particular provisions.

NERA inspection services carry out inspections as a result of complaints received, targeted campaigns and routine inspections. Where breaches of employment rights legislation are detected, NERA seeks compliance and rectification of breaches identified, including redress for the employees concerned and payment of any underpayment of wages due to those employees.

NERA Prosecution Service is empowered to prosecute employers for breaches of employment legislation. However, in the majority of cases employers rectify breaches of employment law and pay underpayments of wages due to employees without prosecution. However, NERA reserves the right to initiate prosecutions in respect of breaches of employment legislation.

On the matter of secretaries and caretakers in schools, two complaints have been received by NERA inspection services to date in 2008. The investigation of one of these complaints has been completed and no breaches of the National Minimum Wage Act were found. The investigation of the second complaint is ongoing.

If the Deputy has specific information of secretaries and caretakers in schools that are being paid below the minimum wage, he may make a complaint to the inspection services of NERA, which will investigate the matter. Details of how to contact NERA and NERA complaint forms are available from the NERA website. The Deputy should also be aware that rights commissioners of the Labour Relations Commission also hear complaints concerning breaches of the National Minimum Wage Act 2000.

Arthur Morgan (Louth, Sinn Fein)
Link to this: Individually | In context

I thank the Minister of State for his reply, which did not inform me about very much, other than the two complaints made this year. I was aware of the rest of his reply but I thank him for his courtesy. Is he aware of the widespread abuse of the payment of caretakers and secretaries across the State? A number of trade unions have run a campaign for more than a year to highlight this issue. Is the Minister of State aware the issue arises because the Department of Education and Science pays salaries of caretakers and secretaries to the schools involved rather than directly to them? Will he consider asking the Department to employ them directly, which would ensure widespread breaches of employment law would no longer occur?

Jimmy Devins (Sligo-North Leitrim, Fianna Fail)
Link to this: Individually | In context

No breaches of employment law have occurred, other than the two I outlined. There is absolutely no evidence of what the Deputy says. If he has evidence and forwards it to us, we will refer it directly to NERA for investigation.

Arthur Morgan (Louth, Sinn Fein)
Link to this: Individually | In context

Is the Minister of State aware a number of secretaries and caretakers have not complained to NERA out of loyalty to their schools? That is the main reason for them not making complaints to the agency but they are concerned. In other cases when the issue was raised with boards of management and the staff threatened to go to NERA, their hours of employment were reduced substantially but they still worked as many hours as they had done previously out of sheer loyalty. An abuse is taking place and there is a simple way to deal with it. The Minister of State should make representations to the Department of Education and Science to employ the secretaries and caretakers directly. Will he consider doing that?

Jimmy Devins (Sligo-North Leitrim, Fianna Fail)
Link to this: Individually | In context

This is a matter between the Department of Education and Science and IMPACT and discussions are ongoing. I reiterate that if the Deputy is aware of a specific instance, he should refer it to us and we will pass it on to NERA.