Finian McGrath (Dublin North Central, Independent)
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Question 174: To ask the Minister for Enterprise, Trade and Employment if a company (details supplied) at the Dublin Port Tunnel which is paying its staff €1,935 per month is in breach of employment legislation, particularly in regard to the minimum wage; and if he will make a statement on the matter. [6320/05]

Tony Killeen (Clare, Fianna Fail)
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The wages and employment conditions of workers employed in the construction industry are governed by the Registered Employment Agreement (Construction Industry Wages and Conditions of Employment) Variation Order, which is enforced by the labour inspectorate of my Department. The rate of pay which can be enforced in respect of construction operatives under the terms of the registered employment agreement is €7.36 per hour.

In the absence of any details of the number of hours worked in the month, it is not possible to confirm if the rate of €1,935 per month is in breach of employment legislation. However, as the maximum average working week under the Organisation of Working Time Act is 48 hours, this could mean that the monthly rate of pay is in excess of the statutory minimum required under the registered employment agreement.

If the Deputy is aware of evidence that the employer is in breach of the registered employment agreement, these should be brought to the attention of the labour inspectorate.