Tommy Broughan (Dublin Bay North, Independent)
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57. To ask the Minister for Jobs, Enterprise and Innovation to set out how she intends to tackle the prevalence of zero-hour contracts; her policies in relation to pay and conditions in if-and-when other uncertain contracts; and if she will make a statement on the matter. [22955/17]

Tommy Broughan (Dublin Bay North, Independent)
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In 2015, the University of Limerick produced a paper on the prevalence of zero-hour contracts. I made a submission in that respect at the end of 2015. We discussed precarious work and banded contracts earlier. The Minister announced a couple of weeks ago that she intends to introduce legislation on this matter. Will she legislate to ban zero-hour contracts and, especially, if-and-when contracts, where there is no contractual obligation to provide work at all?

Pat Breen (Clare, Fine Gael)
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I thank the Deputy for raising this issue. We have already dealt it but it is important we discuss it again because, as the Deputy rightly pointed out, this is important legislation.

On 2 May the Government approved draft legislative proposals as a response to the programme for Government commitment to address the problems caused by the increased casualisation of work and to strengthen the regulation of precarious work. The draft legislation was referred to the Office of the Attorney General on 4 May for priority drafting of a Bill.

Regarding zero-hour contracts, the intention of the proposals is to avoid the contagion of an increase in these practices in this jurisdiction. The proposals provide that an employer will no longer be able to engage an employee on a contract within the meaning of section 18 (1)(a) or 18(1)(c) of the Organisation of Working Time Act where the stated contracted hours are zero unless it is genuinely casual, emergency cover or short-term relief work.

Other employees, including those with uncertain hours and those on if-and-when contracts, will benefit from the following proposals: ensuring that employees are better informed about their employment arrangements and especially their core terms shortly after commencing work; strengthening the provisions around minimum payments to low-paid workers who may be called into work for a period but not provided with that work; providing that workers on low-hour contracts, who consistently work more hours each week than provided for in their contracts of employment, are entitled to be placed in a band of hours that reflects the reality of the hours they have worked over a reference period; and reinforcing the anti-victimisation provisions for employees who try to invoke a right under these proposals.

Tommy Broughan (Dublin Bay North, Independent)
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The formulation of the Government's approach to the ending of zero-hour contracts will be very important. Clearly, across a wide range of sectors of our economy, especially in the retail, hospitality and caring sectors, we have seen what the Mandate trade union has called the gross exploitation of workers. In the next period in which the legislation is being drafted, it is critical the Minister of State is prepared to stand up to organisations such as IBEC which have spoken out against the imposing of what they call onerous restrictions. We would be counting on Ministers, including the Ministers of State, Deputies Halligan and Deputy Finian McGrath, to stiffen their resolve in that regard. The Citizens Information Board reported that 7% of its 1 million queries annually relate to employment and specifically to zero-hour and if-and-when contracts, which are contracts without any contractual obligations to give hours. I look forward to the legislation but I hope that the Government will move to act on this issue.

A debate on the gig economy in UK is taking place in the lead up to the general election there. It relates to what people are prepared to do about companies such as Uber in the gig economy. Is our Government thinking along the lines of the Labour Party in the UK in terms of taking drastic action to address the gross maltreatment of workers?

Pat Breen (Clare, Fine Gael)
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I am aware of the Uber case in the UK. We have been closely monitoring it. An appeal will be lodged, therefore, I would prefer not to comment on it.

Considerable time and effort went into the preparation of this legislation. We also engaged in consultation. We received 48 submissions following the completion of the University of Limerick study, which were very useful. We engaged in consultation with IBEC and the unions over a lengthy period. The Deputy can appreciate the degree of bargaining that took place with people raising their own cases during those discussions, which took place from September last year to March of this year.

The key issue is that we have good legislation. The four areas that will be covered in the legislation are the four the Deputy outlined. They include that an employee would be entitled to information at the start of his or her job, to know exactly who he or she is working for, the name and address of the employer, the hours he or she will work and how much he or she will be paid. There are 15 items listed but the employer does not have to provide those details until two months after the employment has commenced. It will not be onerous on an employer to provide information on the main areas that will be covered. An employee is entitled to know that information. We hope that the legislation we will put in place will be balanced. It will help low-paid workers, and I know the Deputy represents low-paid workers. There are three other areas and I might cover those when I reply to the Deputy later.

Tommy Broughan (Dublin Bay North, Independent)
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I thank the Minister for that information. I, and perhaps other Deputies, have received some complaints about job search websites. Constituents are concerned that some of the jobs advertised on those websites do not exist and that they are being used as a means for recruiters to access data on jobseekers. Sometimes misleading positions seem to be advertised where there is a mismatch between the salary versus the experience required and when applicants make contact they are told that the positions have been filled and then they are told about alternative positions, zero-hour and if-and-when contract positions. Could the Department examine the role of recruitment websites and recruiters generally to ensure they are not acting as a funnel to put vulnerable young people starting out on their work careers into precarious employment?

Pat Breen (Clare, Fine Gael)
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The idea behind this legislation is to eliminate precarious employment and that is something we have done in the proposed legislation. It has been referred to the Attorney General's office for priority drafting and it is important that we would get it back as soon as possible to put it in place to protect low-paid workers.

I will follow up the issue the Deputy raised about job advertisements, if he wishes, and revert to him on it. If he has more information on it, I will discuss it with my Department officials to see if we can deal with that type of activity that is happening with respect to jobs that are being advertised.

The future of work is a major issue and the Deputy mentioned the gig economy. There will be a change in the way we will be working in ten years' time. We should not forget the rights of our employees, regardless of what changes occur in the digital economy in the next five to ten years. There is good legislation in place and it has been proven to protect the interests of employees. We should bear that in mind in moving forward with any legislation, regardless of the massive changes that will arise with the development of the digital economy in the next five to ten years, but we must be mindful that people come first.