Liz McManus (Wicklow, Labour)
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Question 139: To ask the Minister for Enterprise, Trade and Employment if he will report on the implementation to date of the Posted Workers Directive, 96/71/EC; the number of complaints made under the auspices of this Directive; the number of investigations undertaken by his Department or its agents or agencies into suspected breaches of this Directive; the number of prosecutions undertaken in regard to posted workers for each year from 2002 to date in 2007; the number of these prosecutions that were successful; and if he will make a statement on the matter. [2552/07]

Tony Killeen (Clare, Fianna Fail)
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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." The Directive guarantees workers posted to a Member State from another Member State the terms and conditions of the host State.

Directive 96/71/EC 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 exactly the same way as it applies to Irish workers.

Ireland's comprehensive body of employment rights legislation, which protects employees against arbitrary behaviour by employers, applies, therefore, to all workers employed on an employer-employee basis in Ireland. The Protection of Employee's (Part-Time) Work Act, 2001 also provides that all employee protection legislation applies to a person, irrespective of his or her nationality or place of residence, who has entered into a contract of employment that provides for his or her being employed in the State or who works in the State under a contract of employment. Thus a person, irrespective of nationality or place of residence, who works in the State under a contract of employment, has the same rights under Irish employment rights legislation as Irish employees.

Labour 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 individuals concerned and, if appropriate, a prosecution is initiated. Employers are required to maintain records in respect of such employees and these records, together with other substantiating evidence, for example, a statement from an employee, provide the essentials of a basis for legal proceedings. Failure to maintain adequate records by an employer is an offence.

No distinction is made in terms of worker nationality or place of residence insofar as the enforcement of employment rights legislation is concerned. In the circumstances information on posted workers in terms of the number of complaints made under the auspices of this Directive, the number of investigations undertaken and the number of prosecutions undertaken is not readily available. However, almost 16,000 inspections/ visits were undertaken by the Labour Inspectorate in 2006 to determine compliance with employment rights legislation. During the year, the Inspectorate also recovered arrears of pay amounting to almost €1.4 million and initiated legal proceedings against 24 employers in respect of breaches of employment rights legislation. Prosecutions brought before the Courts in 2006 resulted in the imposition by the Courts of fines against 8 employers amounting to a total of €33,351.

It should be noted also, that in many cases, Employment Rights Legislation has provisions whereby workers who believe that they have been denied their entitlements, or otherwise unfairly treated, can, as an alternative to dealing with the Labour Inspectorate, take the matter before a Commissioner in the Rights Commissioner Service of the Labour Relations Commission.

I urge anyone who has evidence of the mistreatment of posted or other workers to furnish all the relevant details and any related materials to the Inspectorate with a view to pursuing the matter.