Richard Bruton (Dublin North Central, Fine Gael)
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Question 85: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the mechanisms she has in place to ensure that premium payments are awarded to persons required to work on Sundays; the extent of non-compliance uncovered by her across all sectors and in particular in the catering sector; and if she will make a statement on the matter. [15476/04]

Frank Fahey (Galway West, Fianna Fail)
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The Industrial Relations Acts 1946 — 2004 provide the basis for the establishment of the joint labour committees, JLCs, that are charged with the task of setting the minimum terms and conditions, including pay rates, for employees in various sectors of the economy. The joint labour committees are comprised of representatives of relevant employee and employer bodies with an explicit interest in the sector for which the particular JLC operates. The Industrial Relations Acts, already mentioned, also provide the basis upon which the JLCs are empowered to set and amend, from time to time, the minimum terms and conditions, including pay rates, for relevant employees. A list of current employment regulations orders is set out as follows.

The labour inspectorate of my Department has responsibility for the enforcement of employment rights arising from a range of employment rights legislation. The Industrial Relations Acts 1946 — 2004 fall within that remit and, accordingly, enforcement of employment regulation orders is an aspect of a labour inspector's work.

During the period 1 January 2004 to 21 May 2004 there were 345 cases examined for compliance with the provision of a Sunday premia. Across all 18 employment regulation orders there were 66 detections, during that period, of non-compliance in regard to Sunday premium payments and compliance is being pursued.

In regard to the catering sector, again during the period 1 January 2004 to 21 May 2004 there were 121 cases opened and breaches detected in relation to Sunday premium payments amounted to 21 and these, too, are being pursued.

The inspectorate has implemented a major restructuring of its operations since 2000 when it was strengthened with additional officers. In the midst of an almost 100% turnover in staff it has been completely reorganised in terms of structure. A new case management system has been introduced and revised work practices are in place. I am satisfied that this investment in technology, together with the organisational changes, enables the inspectorate to fulfil its remit.

Acts / EROs / REAs

Carer's Leave Act, 2001

Employment Agency Act, 1971

National Minimum Wage Act, 2000

Organisation of Working Time Act, 1997

Parental Leave Act, 1998

Payment of Wages Act, 1991

Protection of Employees (Part-Time Work) Act, 2001

Protection of Employees (Employers Insolvency) Acts, 1984-2003

Protection of Employment Act, 1977

Protection of Young Persons (Employment) Act. 1996

Redundancy Payments Acts 1967 to 2003

Employment Regulation Orders

ERO Aerated Waters

ERO Agricultural Workers

ERO Brush & Broom

ERO Catering (Country)

ERO Catering (Dublin)

ERO Contract Cleaning (Dublin)

ERO Contract Cleaning (Country)

ERO Hairdressing (Cork)

ERO Hairdressing Dublin

ERO Handkerchief and Household Goods

ERO Hotels (except Dublin & Cork)

ERO Law Clerks

ERO Provender Milling

ERO Retail Grocery and Allied Trades

ERO Security Industry

ERO Shirt & Tie Making

ERO Tailoring

ERO Women's Clothing

Registered Employment Agreements

REA Wholesale Fruit & Vegetables

REA Printing Workers (Dublin)

REA Footwear Drapery and Allied Trades

REA Electrical Workers

REA Construction Industry Wages & Conditions of Employment

REA Construction Industry Pensions Assurance & Sick Pay