Robert Troy (Longford-Westmeath, Fianna Fail) | Oireachtas source

I thank Senators Fitzpatrick and Seery Kearney for raising this important topic. I extend my sympathies to those workers who have suffered from such appalling violence in the course of their work. No one should have to contend with such violent situations. In particular, I offer my sympathies and those of the Government to the family and friends of Thiago Cortes, the Deliveroo cyclist who tragically died in a hit-and-run accident last August. Although An Garda Síochána is heavily involved in supporting public health restrictions, it is continuing in its duties to prevent and investigate crime, including assaults on delivery workers and vulnerable members of our communities.

On the matter being discussed today, it would not be appropriate for me to comment on the employment status of any individuals of groups, as there are existing mechanisms in place for such determinations. The issue of determining employment status is within the remit of the Department of Social Protection, as I am sure both Senators are aware. Where an issue arises with the employment status of an individual, cases are forwarded to the Revenue Commissioners and the scope section of the Department of Social Protection, or both, for investigation. This investigation is carried either solely by the recipient, or jointly by the labour inspectorate of the Workplace Relations Commission, WRC.In most cases, it will be clear whether an individual is employed or self-employed. Where there is doubt in relation to the employment status of an individual, the relevant Department and agencies will have regard to the code of practice for determining the employment or self-employment status of an individual. This code was drawn up and agreed in 2007 by the relevant Departments in collaboration with the Irish Congress of Trade Unions and IBEC.

New unlegislative forms of working arrangements are emerging as the labour market adapts to the opportunities presented by digitalisation, broadband and globalisation. This includes the emergence of more freelance-type working arrangements known as the gig economy as well as new forms of trading known as the sharing economy. It is important that policy adapts to provide social protection for workers in these new and emerging forms of work while not stifling social innovation. The Department of Social Protection, through its Scope and employment status investigation unit, ESIU, is revising and updating the code of practice for determining employment and self-employment status of individuals to reflect new working models and also recent case law in the determination of employment status.

Ireland has a robust suite of employment rights that protects all employees equally. Therefore, once it is clear a person is working on a contract of employment, written or verbal, on a full-time basis or part-time basis, that person has the same protection under employment law as other employees.

All employers carry the same obligation when it comes to compliance with employment rights. Where an individual believes that he or she is being deprived of employment rights applicable to employees, the person may refer a complaint to the Workplace Relations Commission, WRC, where the matter can be dealt with by way of mediation or adjudication leading to a decision that is enforceable through the District Court.

Ireland has always resisted the creation of sub-categories of employment as this will inevitably lead to a race to the bottom where hard-won employment rights are gradually eroded. Therefore, the Government has no plan to create a third category of employment.