Seanad debates

Wednesday, 16 November 2016

Protection of Employment (Uncertain Hours) Bill 2016: Second Stage

 

10:30 am

Photo of Jerry ButtimerJerry Buttimer (Fine Gael) | Oireachtas source

I commend Senator Nash, the former Minister of State, genuinely for his work in the Department. He was a very good Minister of State and I commend him for that. I acknowledge that the last Government increased the minimum wage and restored it, unlike its predecessor. We did so twice in fact. The living wage is something we all want to embrace and to see if we can bring it to fruition. I notice that Senator Aodhán Ó Ríordáin is here. He made remarks on the US election last week. I hope he can use his influence across the Atlantic with the new Administration regarding the protection of workers and their rights in the USA.

Coming back to home, the Bill has some issues which need to be teased out. The last thing we need to do is get into a quagmire around the casualisation of work. Many of us benefitted from that casual relationship when we were in college or moving towards different careers. Equally, however, it is a source of concern in terms of the way in which the casualisation of the labour force is increasing in certain industries. It is important to note that the last Government reduced the VAT rate for the hotel sector. Senator Gavan raised a number of times on the Order of Business the terms and conditions of those who work in hotels and the catering industry. It is important in the context of this debate that we challenge those in the hotels federation and the industry generally along with others to get the balance right. The last thing we want to do is send up a flare which tells employers they cannot employ people. It is equally important to protect those on low pay or in casual labour situations and those who are most vulnerable in the workforce.

Senator Bacik used the phrase "whim of an employer" and that is something we need to look at in order to eliminate it from the lexicon. It is not good enough. Equally, the debate today is about ensuring that we can protect workers and give them certainty and a sense of belonging and a future in terms of their lives and livelihood. Senator Reilly referenced the issue of hours being uncertain or inflexible. I had a conversation with a friend who works full-time in an industry I will not name in order to protect him. He got a phone call from his employer on a Sunday night at 10 p.m. asking him to come in on Monday morning. He gets a phone call on a Wednesday asking him to come in at short notice. He feels vulnerable because if he says "no", there is the potential that he will be out of a job. It is important that we understand that it is about managing life in terms of work and employment and getting the balance right for the person who is employed. Equally, it is about allowing people to have a steady income and steady hours while at the same time being flexible.

Many of us are concerned about the zero-hours contract. In some cases, there are contracts which last for a certain period. When, for example, six months expires, one is put on a new contract or is gone altogether. I am concerned about that. Some of the industries I deal with engage in that kind of practice. It may suit some people. Senator Ardagh referred to demographics in her address. However, there are others whom it does not suit. Some of the big firms that employ people in a variety of sectors should look at how they can allow for people to have continuity and security of tenure. It is a worry that some people have expressed to me not only in clinics but when I have met them out canvassing. I have friends who see their whole work life changing overnight. We see the merger of Dell and EMC in Cork where I hope there will be no job losses or, as could happen, changes in the tenure of employment.

The important point made by Senator Reilly is that the programme for Government contains a commitment to address the issue, which is complex and not black and white. At the risk of upsetting my friends from Sinn Féin as I did this morning, it is not as simple as they say. We must get the balance right. The principle informing the Bill is a good one. The fundamentals are right. The protection of workers is important. I say that as someone who, like the Acting Chairman, was in the classroom. I spent a number of years on a temporary whole-time contract not knowing whether I was back after the summer holidays. Thankfully, there was no issue in the years when I was teaching, but when the end of the year came, I often wondered if I would have the same hours the next year. That is a source of worry we still have in some parts of the education sector, albeit we have changed the contracts and terms there. I welcome the move, hopefully, to pay restoration in 2017 and of people not being in different tiers. It is demoralising for members of staff in all sectors.

It is important to accept that the principles of the Bill are what we are looking at today. We can go down the avenue of teasing out the different parts but what we must try to do is get that balance right. I was struck by Senator Ardagh's remarks on demographics. We cannot overlook or sidestep what she is saying because it is an important issue. There is a section of people in society who are affected by the lack of equity and fairness in their working hours. We should never allow a situation to happen, however, where employers will not employ. We must get that right as well. We must allow people who are on minimal wages to access social welfare and to have child care issues addressed. That is because it is about ensuring that people can be employed. I always go back to Maslow's hierarchy of needs and self-actualisation. We should never prevent people from attaining their highest potential. I hope the workplace is not somewhere we will see that happen.

The Minister is committed to addressing the issues around casual work. It is important that we build on what the Bill provides and what the Department is doing. I am not against the important idea of having a wider conversation, albeit I do not want to delay matters.That means that we must park our vested interests and all come together for the common good. I agree with the principle of the Bill. While we can fight to the end over the rubrics and the roadmap, we should support the spirit of the Bill. I commend Senator Gerald Nash and the Labour Party for introducing the legislation.

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