Written answers

Wednesday, 31 January 2007

Department of Enterprise, Trade and Employment

Workplace Inspections

8:00 am

Photo of Brian O'SheaBrian O'Shea (Waterford, Labour)
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Question 200: To ask the Minister for Enterprise, Trade and Employment the number of inspections made by labour inspectors in 2006; the number of these that resulted in a charge, fine or further steps being taken against the employer in question; the number of cases that were not taken further after first inspection; the breakdown per industry sector of these inspections; the moneys received in fines due to labour inspectors work during 2006, including that paid in 2006 in respect of previous years work; and if he will make a statement on the matter. [2555/07]

Photo of Tony KilleenTony Killeen (Clare, Fianna Fail)
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The number of workplace inspections/visits undertaken by the Labour Inspectorate in 2006 amounted to 15,855. Breaches were detected in 2,250 of these cases. The primary objective of the Labour Inspectorate in the case of the breaches detected was to seek compliance and rectification of any breaches identified, including redress for the individual/s concerned and payment of any arrears due to employees. In this regard the Inspectorate, in 2006, recovered from some 349 employers arrears of pay amounting to almost €1.4 million. Prosecutions were initiated in 2006 against 24 employers in respect of breaches of employment rights legislation while 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.

The Deputy has requested a breakdown of inspections on an industry sector basis. The information is not readily available in this format. The Inspectorate currently records its activities by the legislative instrument under which it is granted enforcement powers. The legislative instruments involved include the National Minimum Wage Act, 2000, the Payment of Wages Act, 1991, the Organisation of Working Time Act, 1997 and the Protection of Young Persons (Employment) Act, 1997. Inspections under these pieces of legislation, which are undertaken across all sectors, accounted for 89% of all inspections in 2006. The Labour Inspectorate is also responsible for the enforcement of Employment Regulation Orders and Registered Employment Agreements which provide for minimum pay rates and certain conditions of employment in specific sectors including Catering, Hotels, Construction, Agriculture, Security, Electrical, Contract Cleaning and Hairdressing.

The following tabular statements show, based on the 2006 provisional data, the breakdown of total inspections by legislative instrument and the breakdown of inspections undertaken under Employment Regulation Orders and Registered Employment Agreements.

Table 1: Inspections undertaken in 2006 by legislative instrument
Legislative InstrumentSectors Covered% of Total Inspections undertaken in 2006
Employment Regulation Orders (EROs) and Registered Employment Agreements (REAs)*Catering, Hotels (outside Dublin), Contract Cleaning, Security, Construction, Electrical, Hairdressing, Agriculture, Footwear and Drapery, Law Clerks and Others11
National Minimum Wage Act, 2000All sectors excluding those covered by EROs and REAs19
Payment of Wages Act, 1991All sectors27
Protection of Young Persons (Employment) Act, 1996All sectors17
Organisation of Working Time Act, 1997All sectors26
TOTAL100
* See Tabular Statement 2 for breakdown of ERO and REA inspections.
Table 2: Inspections undertaken in 2006 under Employment Regulation Orders and Registered Employment Agreements*.
Employment Regulation Order (ERO)/ Registered Employment Agreement (REA)% of Total Inspections undertaken in 2006 under EROs and REAs
%
Catering41
Construction18
Retail Grocery & Allied Trades12
Hotels (outside Dublin)11
Agriculture6
Security4
Contract Cleaning4
Other4
TOTAL100
* Does not include inspections in these areas under other legislative instruments (viz. Payment of Wages Act, 1991, Organisation of Working Time Act, 1997, etc.)

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