Written answers

Wednesday, 27 September 2006

Department of Enterprise, Trade and Employment

Employment Rights

8:00 pm

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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Question 948: To ask the Minister for Enterprise, Trade and Employment the rights an organisation (details supplied) has to monitor and ensure compliance with the Registered Employment Agreement for the Electrical Industry; the number of these organisations in the country; the relationship the Department has with this organisation; and if he will make a statement on the matter. [28728/06]

Photo of Tony KilleenTony Killeen (Clare, Fianna Fail)
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The organisation to which the Deputy refers was established under the aegis of the National Joint Industrial Council for the Electrical Contracting Industry. While its main objective is to advise Electrical Contractors of their responsibilities under the Registered Employment Agreement (REA) for the Electrical Industry it also carries out inspections of Electrical Contractors in order to ensure compliance with the agreement. While the organisation does not have statutory authority under employment rights legislation to undertake such inspections I understand that Electrical Contractors are in general willing to facilitate, and cooperate with, these arrangements.

The Labour Inspectorate of the Department of Enterprise, Trade and Employment has statutory responsibility for monitoring certain employment conditions under a wide-ranging body of employment legislation. While the Inspectorate does not have a formal relationship with the organisation to which the Deputy refers it does investigate complaints referred to it, and examine such information, which may be furnished, by that organisation in relation to alleged breaches of the Registered Employment Agreement.

The enforcement of the provisions of a Registered Employment Agreement may also be effected through the Labour Court 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.

Towards 2016, the partnership agreement for 2006-2015, provides for greater co-ordination between organisations concerned with employment rights compliance, with a view to realising the considerable potential for synergy that exists in this area. In this regard the Office of the Director of Employment Rights Compliance (ODERC), which will be established on a statutory basis under legislation to be published in 2007, will develop an ongoing structured dialogue with all the parties to this Agreement, so that, building on close co-operation, a comprehensive and responsive system of compliance and enforcement can be developed.

In addition, and in order to complement the work of the ODERC, the existing monitoring and inspection activity in relation to compliance with the Registered Employment Agreement in the electrical contracting sector will be strengthened by amending legislation, also to be published during 2007, to support new organisational arrangements.

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