Written answers

Tuesday, 23 May 2006

Department of Enterprise, Trade and Employment

EU Directives

9:00 pm

Photo of Marian HarkinMarian Harkin (Sligo-Leitrim, Independent)
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Question 324: To ask the Minister for Enterprise, Trade and Employment if he has investigated the allegation made by the TEEU that a number of Serbian contract workers who were employed on the ESB's network renewal programme were being exploited; and if he will make a statement on the matter. [19156/06]

Photo of Marian HarkinMarian Harkin (Sligo-Leitrim, Independent)
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Question 325: To ask the Minister for Enterprise, Trade and Employment if the employment contracts between Serbian workers and the ESB or firms to whom the ESB has subcontracted this work comply with the posting of workers directive. [19157/06]

Photo of Tony KilleenTony Killeen (Clare, Fianna Fail)
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I propose to take Questions Nos. 324 and 325 together.

The Labour Inspectorate carried out an inspection of records in regard to this issue. In relation to the category of workers concerned the material examined did not indicate that the rates of pay were not in conformity with the Statutory Minimum provided for in legislation.

Inspectors, with the assistance of an independent interpreter, interviewed several employees, none of whom expressed any dissatisfaction with their pay or conditions of employment. The Inspectors selected the employees who were interviewed.

The Inspectorate understands that a 'Good-Will Bonus' payment has been offered to the employees. In light of the continuing allegations a further examination of records, together with another round of interviews will be shortly be undertaken by the Inspectorate. As in all matters concerning non-compliance with employment rights legislation, I would urge anyone with information that would assist, to provide such material to the Labour Inspectorate who has responsibility in this area.

Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services defines a posted worker as "a worker who, for a limited period, carries out his work in the territory of a Member State other than the State in which he normally works". This Directive was transposed into Irish law by section 20 of the Protection of Employees (Part Time Work) Act 2001 which provides that all employee protection legislation on the statute book in the State applies to posted workers in the same way as it applies to Irish workers. Therefore, all Irish employee protection legislation applies to the Serbian workers referred to in the Question.

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