Written answers

Tuesday, 28 March 2006

Department of Enterprise, Trade and Employment

Work Practices

11:00 pm

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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Question 276: To ask the Minister for Enterprise, Trade and Employment his views on the recent discovery that workers on an ESB contract were not being paid proper pay and conditions; and if this requires changes in practices or legislation. [11977/06]

Photo of Tony KilleenTony Killeen (Clare, Fianna Fail)
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The labour inspectorate contacted the principal parties in regard to this issue on Tuesday, 13 March and subsequently met with senior representatives of the ESB and its agents, and these contacts have been ongoing since. In the meantime, labour inspectors have commenced inquiries with the contractor concerned in this case and have visited both the head office and the site in Moneypoint. Those inquiries are continuing and a further visit is planned. The inspectorate is examining documentation already obtained from the contractor, who has been fully co-operating with the investigation. Additional documentation has been sought and the contractor has undertaken to provide this material without delay.

The inspectorate is aware that the ESB, its main contractor for the project, and the subcontractor are working to identify the details of any underpayments that may have occurred and it is understood that these will be rectified. A further audit, on behalf of the ESB, is to take place shortly to ensure that all matters have been corrected. The labour inspectorate will, however, pursue its own checks independently of that process.

The Department of Enterprise, Trade and Employment circulated a discussion document, Mandate and Resourcing of the Labour Inspectorate, to the social partners in early 2005. That document was the basis for further consideration by the employment rights compliance group, ERCG. The ERCG, which was made up of representatives of the social partners, including the CIF and SIPTU, together with the Department of Enterprise, Trade and Employment, the Department of the Taoiseach and the Department of Finance, has completed its report. The report will inform the current national partnership discussions.

Some of the key proposals in the report are: a streamlining of access to redress through the existing employment rights bodies, thus enabling individuals with the information and facility to more easily vindicate their employment rights and entitlements; greater emphasis on proper record keeping together with increased transparency regarding pay and the associated information provided to employees on payslips; organisational improvements in the service provided by the employment rights compliance section of the Department of Enterprise, Trade and Employment, including the labour inspectorate, which includes a regionalised structure; and major investment in education and information dissemination on employment rights obligations and entitlements for both employers and employees. The resourcing of the labour inspectorate and options to enhance the effectiveness of our employment rights compliance regime are being considered in the current round of social partnership discussions.

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