Richard Bruton (Dublin North Central, Fine Gael)
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Question 424: To ask the Minister for Enterprise, Trade and Employment if his attention has been drawn to the fact that home help workers continue to be employed on zero-hours contracts in breach of the Organisation of Working Time Act 1997; and if he has taken initiatives to bring the situation to an end, which contradicts the Government's own policies. [10608/06]

Tony Killeen (Clare, Fianna Fail)
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Section 18 of the Organisation of Working Time Act 1997 deals with zero-hours contracts.

Under that section of the Act, if an employee is required to work (a) a certain number of hours per week, the contract hours, or (b) as and when required by his or her employer, or (c) a combination of (a) and (b) above, but is not called to perform any work during the week, he or she is entitled to receive in the case of (a) above, the pay for 25% of the contract hours or the pay for 15 hours, whichever is the lesser, or in the case of (b) or (c) above, the pay for 25% of the hours of work done by another similar employee or the pay for 15 hours , whichever is the lesser.

The employee is also due compensation as above if he or she works less than 25% of the contract hours or 15 hours, whichever is the lesser, or if he or she works fewer hours than that performed by another similar employee or 15 hours, whichever is the lesser. However, home help workers, given the nature of their work, would not normally have a comparator as described above.

Nevertheless, if an employer does not compensate an employee for working what are termed zero-hours contracts as described above, but which include all three categories mentioned in the first paragraph above, it is open to an employee such as a home help worker to refer the matter to a rights commissioner for redress under the Act.