Seanad debates

Tuesday, 10 July 2012

Industrial Relations (Amendment) (No. 3) Bill 2011: Second Stage

 

4:00 pm

Photo of Mary WhiteMary White (Fianna Fail)

The JLCs were established by Mr. Seán Lemass in 1946. His intention was to protect people who did not have access to the traditional system of collective bargaining based on trade union representation. JLCs are independent bodies for determining minimum rates of pay and conditions of work for workers in certain sectors. Each JLC includes a representative of workers or employees in the sector concerned. It was far reaching and progressive legislation for its time. The pay and conditions agreed to by representatives on JLCs were given the force of law in employment regulation orders and employers were liable to be prosecuted in the civil courts for further breaches of the orders. This provision was found to be unconstitutional by the High Court last year. CSO figures indicate that the average earnings of workers in the JLC structure are approximately €300 per week. The JLC system applies to those employed in the catering and hotel industries.

Tomorrow at the Joint Committee on Jobs, Enterprise and Innovation the Minister for Jobs, Enterprise and Innovation will announce his proposals on the workplace relations reform programme. The Minister of State, Deputy Sean Sherlock, said:

One of the features of the programme is to ensure a more proportionate, efficient and effective enforcement of all employment law, including the national minimum wage, registered employment agreements and employment regulation orders. The Minister will present his proposals to the Oireachtas Joint Committee on Jobs, Enterprise and Innovation this week. He intends to seek approval for drafting the workplace relations (reform) Bill, which will give statutory effect to the reforms, including strengthening the enforcement of awards.

In the 1970s I was a member of the national women's committee of the Federation Workers Union of Ireland and started a business with the sole purpose of creating employment. There is a very serious issue in this sector. As we said, there are vulnerable workers. Many of those employed in the catering and hotel industries are the so-called "new Irish" and they need to be supported and given a voice. There is a fear that these workers do not have the confidence to speak up for themselves.

There has been an over-reaction on the issue of Sunday trading, as I said to Senator Deirdre Clune. It is a fact that hotels and restaurants are open on a Sunday. I agree that there should be some form of compensation for working on a Sunday, perhaps time off in lieu, but premium payments went overboard in recent years.

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