Paul Gogarty (Dublin Mid West, Green Party)
Link to this: Individually | In context

Question 23: To ask the Minister for Enterprise, Trade and Employment the measures he is taking to ensure that the official net payment documented by employers corresponds to the actual payment received by employees in view of recent revelations of abuse by subcontractors; and his views on whether the existing system of documentation is sufficiently detailed and transparent to act as both a deterrent to and indication of abuse. [11376/06]

Tony Killeen (Clare, Fianna Fail)
Link to this: Individually | In context

In accordance with its remit under employment rights legislation, the labour inspectorate is empowered to examine particular employer records. In this connection, inspectors can examine copies of statements of pay or payslips and reconcile these with the payroll records. In addition, inspectors can examine the working time records that an employer is obliged to maintain. The preparation and production of false records is an offence.

In this connection, however, the Department, in its discussion document "Report on the Mandate and Resourcing of the Labour Inspectorate", recommended a streamlining of the record keeping requirements to tie in with the statements of pay. In addition, the report called for a significant revamping of the statement of pay or payslip so that there will be absolute transparency around the rate of pay per hour, the hours worked, the relevant calculation in respect of all deductions made and the eventual remuneration paid out. The report of the employment rights compliance group, which is informing the current partnership talks, indicated that there was a consensus between the social partners on progressing this proposal.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context

Question 24: To ask the Minister for Enterprise, Trade and Employment the number of occasions on which he or his predecessors have asked the Labour Court to carry out investigations into employment conditions as provided for in section 24 of the Industrial Relations Act 1946 since its enactment; and the details of each such report sought. [11229/06]

Tony Killeen (Clare, Fianna Fail)
Link to this: Individually | In context

The information requested is not readily available for the years 1946 to 1984, inclusive, and can only be obtained by the expenditure of a disproportionate amount of officials' time and resources relative to the information sought. In 1985, two cases relating to Dunnes Stores were referred to the Labour Court under section 24 of the Industrial Relations Act 1946. Since 1986, no referrals have been made to the Labour Court under section 24 of the 1946 Act.

Jan O'Sullivan (Limerick East, Labour)
Link to this: Individually | In context

Question 25: To ask the Minister for Enterprise, Trade and Employment the measures he has taken to protect the terms and working conditions of workers in the area of domestic service; if he is satisfied that there is adequate monitoring of this sector; and if he will make a statement on the matter. [11281/06]

Tony Killeen (Clare, Fianna Fail)
Link to this: Individually | In context

The Labour Inspectorate of my Department is responsible for monitoring certain employment conditions for all categories of workers in Ireland, including immigrant workers. The inspectorate operates without any differentiation with regard to worker nationality, as statutory employment rights and protections apply to immigrant workers in exactly the same manner as they do to other workers.

In the area of pay and conditions, it is primarily the provisions of the National Minimum Wage Act 2000 and the Organisation of Working Time Act 1997 that apply to employees who are employed in domestic service. Employees working in the provision of domestic service, as is the case for employees in most other areas of the economy, are not categorised in any unique fashion in current employment legislation. Inspectors pursue allegations of worker mistreatment and when evidence of non-compliance with the relevant employment rights legislation is found, the inspectorate seeks redress for the individual/s concerned and, if appropriate, a prosecution is initiated. In this regard, I urge anyone who has evidence of the mistreatment of workers to furnish all the relevant details and any related materials to the inspectorate with a view to pursuing the matter.

The Labour Relations Commission commissioned the University of Limerick to carry out a review of the JLC system in 2005. Arising from this review and following bilateral consultations with the social partners and stakeholders, the Department has prepared a paper that will be used as the basis for implementation of the review in further consultation with the social partners and stakeholders, in the context of the current partnership talks. The issue of a JLC for domestic workers, and proposals for new JLCs for other sectors, will be considered in this context. Other measures aimed at assisting vulnerable workers, including domestic workers, are also being considered in the context of the current partnership talks.