Jack Wall (Kildare South, Labour)
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Question 391: To ask the Minister for Enterprise, Trade and Employment the mechanism available to a person (details supplied) to raise their concerns that the contents of an agreement were not adhered to when they commenced employment; and if he will make a statement on the matter. [20405/06]

Tony Killeen (Clare, Fianna Fail)
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The wages and employment conditions of workers employed in the Drapery and Footwear sector in Dublin are governed by the Registered Employment Agreement (Dublin and Dún Laoghaire, Drapery, Footwear and Allied Trades) Variation Order, 2005 which is enforced by the Labour Inspectorate of the Department. Labour Inspectors are empowered to seek compliance with payment of the statutory minimum rates of pay specified in the Agreement.

The enforcement of the provisions of a Registered Employment Agreement may also be effected under the Industrial Relations Acts. A trade union, an association of employers or an individual employer may complain to the Labour Court that a particular employer is not complying with a Registered Employment Agreement. If, after investigating a complaint, the Court is satisfied that the employer is in breach of a Registered Employment Agreement it may by order direct compliance with the Agreement. Failure to comply with such an order is an offence punishable by a fine. It appears from the details supplied by the Deputy that the employee in this instance was not employed in an establishment that is located within the areas covered by the above-mentioned Agreement. Consequently, the individual involved may wish to consider availing of the Rights Commissioner Service of the Labour Relations Commission. Rights Commissioners may investigate disputes and grievances which are referred to them by individuals or small groups of workers. Having carried out an investigation, a Rights Commissioner issues a recommendation giving his/her opinion on the merits of the dispute. Forms and information in relation to the service provided by Rights Commissioners are available on the website: www.lrc.ie, or telephone: 01 6136700. Disputes that arise in relation to provisions in contracts of employment may concern matters of contract law. Advice on contract law, if required, should be obtained from a legal professional.