Arthur Morgan (Louth, Sinn Fein)
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Question 347: To ask the Minister for Enterprise, Trade and Employment the way he ensures that his Department's Labour Inspectorate ensure that contracted workers working in the south of Ireland but employed by employers based in the north of Ireland are paid the industry rates as outlined in the Employment Regulation Orders or the Registered Employment Agreements; and if he will make a statement on the matter. [25126/07]

Billy Kelleher (Cork North Central, Fianna Fail)
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Ireland's comprehensive body of employment rights legislation, which protects employees against arbitrary behaviour by employers, applies to all workers employed on an employer-employee basis in Ireland. The Protection of Employees (Part-Time Work) Act, 2001 provides that all employee protection legislation applies to a person 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.

In addition, Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 provides that workers posted to a Member State from another Member State are entitled to the terms and conditions of the host State. A posted worker is defined in the Directive 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."

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, including Employment Regulation Orders and Registered Employment Agreements, applies to posted workers in exactly the same way as it applies to Irish workers.

Inspectors from the National Employment Rights Authority (NERA) pursue allegations of worker mistreatment and when evidence of non-compliance with the relevant employment rights legislation is found, the Inspection Services seek redress for the individual/s concerned and, if appropriate, a prosecution is initiated. Employers are required to maintain records in respect of 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.

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 Inspection Services, take the matter to the Rights Commissioner Service of the Labour Relations Commission or to the Labour Court. I urge anyone who has evidence of the mistreatment of persons working in the south of Ireland but employed by employers based in the north of Ireland to furnish all the relevant details and any related materials to the NERA's Inspection Services with a view to pursuing the matter.