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Written Answers — Legislative Review: Legislative Review (28 Sep 2005)

Tony Killeen: In June 2005, my Department issued a White Paper on the Review of the Employment Agency Act 1971. The deadline for submissions was 15 July 2005. A total of nine submissions were received. My Department is currently examining these submissions. Following further consultations with the various interests, the heads of a Bill will be prepared and Government approval sought to have a Bill drafted...

Written Answers — Proposed Legislation: Proposed Legislation (28 Sep 2005)

Tony Killeen: The question of the introduction of flexible working hours is a matter for negotiation between employees or a trade union acting on their behalf and employers. I have no plans to introduce flexible working hours on a statutory basis for all employees.

Written Answers — Labour Inspectorate: Labour Inspectorate (28 Sep 2005)

Tony Killeen: In January 2005 the complement of labour inspectors was 17 officers. When all currently sanctioned posts are filled there will be 31 officers assigned to labour inspector posts. A selection interview process was undertaken following the announcement of additional labour inspectorate posts earlier this year. Arising from that process four officers were appointed. A second round of interviews...

Written Answers — Labour Inspectorate: Labour Inspectorate (28 Sep 2005)

Tony Killeen: Arising from paragraph 12.4 of the mid-term review of Sustaining Progress, and in order to assist in the preparation of proposals for consideration by Government, a discussion document was prepared by the labour inspectorate in relation to its mandate and resourcing. This comprehensive discussion document was prepared and circulated to the social partners early this year. The various...

Written Answers — Redundancy Entitlements: Redundancy Entitlements (28 Sep 2005)

Tony Killeen: Redundancy entitlements were last discussed in the context of Sustaining Progress and agreed at two weeks' pay per year of service plus a bonus week. There are no plans at present to increase statutory redundancy entitlements.

Written Answers — Labour Inspectorate: Labour Inspectorate (28 Sep 2005)

Tony Killeen: The number of workplace inspections-visits undertaken by the labour inspectorate during and after normal business hours and prosecutions initiated in respect of the years 2002, 2003, 2004 and to date in 2005 is set out in the following tabular statement. The primary function of the labour inspectorate is to seek compliance and rectification of any breaches identified, including payment of any...

Written Answers — Health and Safety Regulations: Health and Safety Regulations (28 Sep 2005)

Tony Killeen: The Health and Safety Authority, in partnership with the British Health and Safety Executive, HSE, and Health Scotland have developed Work Positive, an audit tool with guidance materials for in-house application. Work Positive is a comprehensive risk management tool that incorporates a risk assessment template covering the known causes of workplace stress. It provides a step-by-step guide to...

Written Answers — Health and Safety Regulations: Health and Safety Regulations (28 Sep 2005)

Tony Killeen: I am pleased to say that the Health and Safety Authority, on 19 September 2005, published proposals for draft new Safety, Health and Welfare at Work (Construction) Regulations, for public consultation in accordance with the new provisions of the Safety, Health and Welfare at Work Act 2005, which I brought into operation on 1 September last. The deadline for receipt of submissions by the...

Written Answers — Health and Safety Regulations: Health and Safety Regulations (28 Sep 2005)

Tony Killeen: The Department has no record of communication of the nature referred to in the Deputy's question. However, I am aware that the Health and Safety Authority has received representations concerning whole-body vibration as it affects bus drivers. My Department does not have overall responsibility for public transport matters, or public transport safety matters specifically, except to the extent...

Written Answers — Labour Inspectorate: Labour Inspectorate (28 Sep 2005)

Tony Killeen: In 2004, labour inspectors of my Department undertook 462 inspections under the National Minimum Wage Act 2000. So far this year, the inspectorate has undertaken 335 inspections under the legislation. Inspectors operate on the basis of achieving compliance. Where an inspection occurs leading to a detection of infringements the employer is required to rectify the infringements detected....

Written Answers — Health and Safety Regulations: Health and Safety Regulations (28 Sep 2005)

Tony Killeen: The number of workplace accidents and deaths recorded for the years from 2000 to 2005 — 23 September has been forwarded to the Deputy. The statistics show that the rate of workplace accidents per 100,000 employers has shown a steady decline since the year 2000. I am confident that the Health and Safety Authority will continue through its various prevention and enforcement programmes to...

Written Answers — Workers' Conditions: Workers' Conditions (28 Sep 2005)

Tony Killeen: The Organisation of Working Time Act 1997, which implemented EU Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time, provides for an annual leave entitlement of four working weeks for full-time employees and pro rata entitlements for part-time employees. The Act also provides for an entitlement to nine public holidays per annum....

Written Answers — EU Directives: EU Directives (28 Sep 2005)

Tony Killeen: The objective of EU Directive 2002/14/EC is to establish a general framework setting out minimum requirements for the right to information and consultation of employees in undertakings or establishments over a certain employee threshold within the EU. The deadline for transposition of the directive into Irish law was the 23 March 2005. The Employees (Provision of Information and Consultation)...

Written Answers — Industrial Relations: Industrial Relations (28 Sep 2005)

Tony Killeen: I propose to take Questions Nos. 641, 645 and 656 together. A number of former employees of the company have been in contact with my Department expressing concern regarding the company's treatment of staff. These issues related to health and safety, bullying, sexual harassment, changes in terms and conditions of employment, unfair and constructive dismissal, non-provision of payslips, late...

Written Answers — Employment Rights: Employment Rights (28 Sep 2005)

Tony Killeen: The number of workplace inspections and visits undertaken by the labour inspectorate in 2004 was 5,160 and to date in 2005 the number of workplace inspections and visits is 3,213. Earlier this year several key staff members, including three inspectors, were dedicated almost exclusively to one major investigation. As a consequence of that work, and subsequent inputs from the Labour Relations...

Written Answers — Industrial Relations: Industrial Relations (28 Sep 2005)

Tony Killeen: Section 38(1) of the Industrial Relations Act 1990 relates only to trade disputes that affect the public interest. Section 38(2) of the Industrial Relations Act 1990 relates only to trade disputes of special importance. Based on the details supplied by the Deputy, neither section 38 (1) nor (2) is relevant to this dispute. It is ultimately the responsibility of the parties concerned to ensure...

Written Answers — Industrial Disputes: Industrial Disputes (28 Sep 2005)

Tony Killeen: The Labour Court operates as an industrial relations tribunal, hearing both sides in a trade dispute. It then issues recommendations setting out its opinion on the dispute and the terms on which it considers the dispute should be settled. Labour Court recommendations for the resolution of trade disputes are not legally binding. However, as the Labour Court is a court of last resort in the...

Written Answers — Industrial Relations: Industrial Relations (28 Sep 2005)

Tony Killeen: By letter dated 27 June 2005, the company concerned notified the Minister for Enterprise, Trade and Employment, Deputy Martin, under section 12 of the Protection of Employment Act 1977, of a total of 132 collective redundancies which it proposed to make in the period between September and December 2005. Section 12 requires employers proposing collective redundancies to give the Minister at...

Written Answers — Adult Education: Adult Education (28 Sep 2005)

Tony Killeen: It is my understanding that this issue has been clarified to the Deputy's satisfaction.

Written Answers — Employment Rights: Employment Rights (28 Sep 2005)

Tony Killeen: No distinction is made in employment rights legislation between Irish and migrant workers. For the avoidance of doubt, section 20 of the Protection of Employees (Part-Time) Work Act 2001 provides that all employee protection legislation on the Statute Book in Ireland applies to workers posted to work in Ireland in line with Directive 96/71/EC of the European Parliament and Council of 16...

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