Seanad debates

Thursday, 7 February 2019

Qualifications and Quality Assurance (Education and Training) (Amendment) Bill 2018: Committee Stage (Resumed)


10:30 am

Photo of Lynn RuaneLynn Ruane (Independent) | Oireachtas source

I move amendment No. 66:

In page 34, after line 38, to insert the following:

Amendment of section 61 of Principal Act (Arrangements for providers of international education mark)

26. The Principal Act is amended by the insertion of the following section after section 61: “Arrangements for providers of international education mark

61A. (1) A provider authorised to use the international education mark under section 61(7) shall comply with this section.
(2) A provider shall establish procedures for demonstrating their compliance with relevant employment legislation in respect of employees who are employed as English language teachers.

(3) Notwithstanding the generality of subsection 2, a provider shall be required to demonstrate for the duration of their authorised use of the international education mark that—
(a) no less than twenty percent of these employees are employed under contracts of indefinite duration,

(b) they are in compliance with section 9 of the Protection of Employees (Fixed-term work) Act 2003 in respect of these employees,

(c) only employees determined as self-employed under section 300 of the Social Welfare Consolidation Act 2005 are treated as self-employed for the purposes of remuneration,

(d) work performed by these employees outside of class contact hours is recognised and remunerated appropriately,

(e) that procedures have been established allowing employees to avail of all leave entitlements in accordance with the Organisation of Working Time Act 1997 and the Parental Leave Act 1997,

(f) all relevant pay scales in respect of these employees and, if applicable, increments available for experience and/or length of service have been published on the provider’s website, and

(g) any differentials in remuneration are not solely based on whether English is the first language of such an employee.
(4) If a provider cannot satisfactorily demonstrate compliance with this section to the Authority, the Authority shall refuse to authorise the use by the provider of the international education mark, giving reasons for the refusal.

(5) The Authority shall publish guidelines for providers for the purposes of compliance with this section.

(6) Nothing in this section may be construed as affecting providers in the State operating without the authorised use of the international education mark.”.”.


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