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Written Answers — EU Directives: EU Directives (23 Mar 2006)

Tony Killeen: Officials from my Department's employment rights section have participated in all five meetings of the European Commission's group of national experts on the implementation of the posting of workers directive, since October 2003 when the group was first established. The group's mandate is to foster practical co-operation between EU member states regarding implementation of the directive....

Written Answers — Health and Safety Regulations: Health and Safety Regulations (23 Mar 2006)

Tony Killeen: In 2005, the Health and Safety Authority consulted widely with relevant interests in the cash in transit industry at all levels in the development of the "Guidelines for Employers, Employees and Clients involved in the Cash in Transit Industry", which were formally launched on 2 March this year. Speaking at the launch of the guidelines, my colleague, the Minister of State with responsibility...

Written Answers — Employment Rights: Employment Rights (23 Mar 2006)

Tony Killeen: In accordance with its remit under employment rights legislation, the labour inspectorate is empowered to examine particular employer records. In this connection, inspectors can examine copies of statements of pay or payslips and reconcile these with the payroll records. In addition, inspectors can examine the working time records that an employer is obliged to maintain. The preparation and...

Written Answers — Employment Rights: Employment Rights (23 Mar 2006)

Tony Killeen: The information requested is not readily available for the years 1946 to 1984, inclusive, and can only be obtained by the expenditure of a disproportionate amount of officials' time and resources relative to the information sought. In 1985, two cases relating to Dunnes Stores were referred to the Labour Court under section 24 of the Industrial Relations Act 1946. Since 1986, no referrals have...

Written Answers — Employment Rights: Employment Rights (23 Mar 2006)

Tony Killeen: The Labour Inspectorate of my Department is responsible for monitoring certain employment conditions for all categories of workers in Ireland, including immigrant workers. The inspectorate operates without any differentiation with regard to worker nationality, as statutory employment rights and protections apply to immigrant workers in exactly the same manner as they do to other workers. In...

Written Answers — National Reform Programme: National Reform Programme (23 Mar 2006)

Tony Killeen: I propose to take Questions Nos. 28 and 52 together. The overall assessment of the Irish national reform programme, NRP, by the European Commission is very positive. It acknowledges the strong labour market performance in Ireland over the past five years and the effectiveness of our policies to sustain and enhance employment growth. The emphasis in the NRP on measures to integrate inactive...

Written Answers — Employment Rights: Employment Rights (23 Mar 2006)

Tony Killeen: In general there is no employment rights legislation covering overtime. While the Organisation of Working Act 1997 regulates rest breaks and maximum weekly working hours it does not cover overtime payment. Employees do not have a statutory entitlement to overtime pay except in certain employments covered by employment regulation orders and registered employment agreements. Policy on overtime...

Written Answers — Health and Safety Regulations: Health and Safety Regulations (23 Mar 2006)

Tony Killeen: The Health and Safety Authority began a consultation process with the social partners and key players in the construction industry on proposed new construction regulations under the safety, health and welfare at work legislation in 2003. The authority undertook public consultation during a six-week period towards the end of last year. A total of 46 submissions was received during this latter...

Written Answers — Employment Rights: Employment Rights (23 Mar 2006)

Tony Killeen: The Department of Enterprise, Trade and Employment circulated a discussion document, Mandate and Resourcing of the Labour Inspectorate, to the social partners in early 2005. That document was the basis for further consideration by the employment rights compliance group, ERCG. The ERCG, which is made up of representatives of the social partners, including the CIF and SIPTU, together with the...

Written Answers — Bullying in the Workplace: Bullying in the Workplace (23 Mar 2006)

Tony Killeen: The expert advisory group's report on workplace bullying was launched and published by me on 17 August 2005. This report is freely available on my Department's website or directly from the Department. My Department is currently in the process of implementing the group's recommendation to conduct a follow up survey on workplace bullying, which is similar to the survey conducted for the last...

Written Answers — Employment Rights: Employment Rights (23 Mar 2006)

Tony Killeen: The labour inspectorate of the Department is responsible for monitoring certain employment conditions for all categories of workers in Ireland, including immigrant workers. The inspectorate operates without any differentiation with regard to worker nationality as statutory employment rights and protections apply to immigrant workers in exactly the same manner as they do to other workers. In...

Written Answers — Equal Opportunities Employment: Equal Opportunities Employment (23 Mar 2006)

Tony Killeen: The National Economic and Social Forum published its report entitled Creating a More Inclusive Labour Market, last month. It is a comprehensive report which aims to make practical recommendations to help create more opportunities for vulnerable people to access training, education and find better quality jobs in the labour market. The report's recommendations are wide ranging and involve the...

Written Answers — Employment Rights: Employment Rights (23 Mar 2006)

Tony Killeen: In the case of the construction sector, there are two separate registered employment agreements, REAs — the construction industry, wages and conditions of employment, registered employment agreement and the construction industry, pensions assurance and sick pay, registered employment agreement, generally referred to as CFOPS. In 2005 the labour inspectorate carried out 50 inspections/visits...

Written Answers — National Minimum Wage: National Minimum Wage (23 Mar 2006)

Tony Killeen: The national minimum wage legislation provides for a monetary deduction which can be made from the statutory minimum pay of an employee if the employee is provided with board and/or lodgings as follows: For full board and lodgings, €54.13 per week or €7.73 per day. For full board only per week, €32.14 per week or €4.60 per day. For lodgings only per week, €21.85 per week or €3.14...

Written Answers — Migrant Workers: Migrant Workers (23 Mar 2006)

Tony Killeen: Since the accession of the ten new member states in May 2004, over 190,000 PPS numbers have been issued to EU-10 nationals and Revenue data indicate that about 70% of them may have participated in our labour market at some stage. It is not possible to predict the number of workers that will come from these member states to work in Ireland over the next five years. However, I am informed that...

Written Answers — Accidents in the Workplace: Accidents in the Workplace (23 Mar 2006)

Tony Killeen: Figures published by the Health and Safety Authority show that 72 work related deaths were reported to it in 2005 compared to 50 in 2004 and 65 in 2003. There were 23 construction related fatalities in 2005 compared to 16 in 2004 and 17 in 2003. Of the 23 fatalities in 2005, 21 were employees, one was a member of the public and another was a non-construction worker. In the period 1 January to...

Written Answers — Employment Rights: Employment Rights (23 Mar 2006)

Tony Killeen: Allegations of non-compliance with labour legislation in respect of a major construction firm were raised in this House on 8 February 2005 by Deputy Joe Higgins. Those allegations were that certain non-national construction workers were required to work excessive hours and that such workers were in receipt of pay of between €2 and €3 per hour in contravention of the statutory minimums...

Written Answers — Employment Rights: Employment Rights (23 Mar 2006)

Tony Killeen: The number of inspections which have been carried out by the labour inspectorate in respect of compliance with the provisions of the National Minimum Wage Act 2000 since its enactment, and the number of prosecutions for failure to comply with its provisions during the same period, are set out in the table. The primary function of the labour inspectorate is to seek compliance and rectification...

Written Answers — Employment Rights: Employment Rights (23 Mar 2006)

Tony Killeen: I am aware of the report to which the Deputy refers. I do not necessarily agree with its conclusions. However, in general, terms and conditions of employment are determined by a process of voluntary collective bargaining between employers and employees. As the Deputy will be aware, the current discussions on a possible social partnership agreement will impact on the terms of conditions of...

Written Answers — Wage Levels: Wage Levels (23 Mar 2006)

Tony Killeen: I presume the Deputy is referring to the National Economic and Social Forum, NESF, report that was published recently. Terms and conditions of employment are determined in the main by a process of voluntary collective bargaining between employers and employees or a trade union acting on their behalf. To support the process and ensure a level of fair play, a floor of statutory rights — for...

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