Arthur Morgan (Louth, Sinn Fein)
Link to this: Individually | In context

Question 39: To ask the Minister for Enterprise, Trade and Employment if, under the provisions of section 24 of the Industrial Relations Act 1946, the Labour Court will investigate the employment conditions prevailing for workers who are employed in domestic service. [11227/06]

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

The labour inspectorate of the 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 or individuals concerned and, if appropriate, 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 current partnership talks.

Against this background, I do not propose to avail at this time of section 24 of the Industrial Relations Act 1946 to request the Labour Court to furnish a report into the employment conditions prevailing for domestic workers.