Written answers

Wednesday, 24 October 2007

Department of Enterprise, Trade and Employment

National Minimum Wage

8:00 pm

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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Question 111: To ask the Minister for Enterprise, Trade and Employment the number of inspections carried out by the labour inspectorate during 2006 and to date in 2007 to check that the minimum wage was being paid; the number of breaches detected in these inspections; the number of prosecutions that followed; and if he will make a statement on the matter. [25380/07]

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
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The tabular statement sets out, insofar as sectors covered by the National Minimum Wage Act, 2000 are concerned, the number of inspections/visits, the number of inspections/visits during which breaches were detected and the number of prosecutions initiated for breaches of that Act for the year 2006 and to date in 2007.

The primary role of the Labour Inspection Services, now encompassed by the National Employment Rights Authority, or NERA, in the case of breaches of employments rights legislation, is to seek compliance and rectification of any breaches identified, including redress for the individual/s concerned and payment of any arrears due to employees.

It should be noted that in the majority of cases employers rectify the breaches and pay arrears due to employees without recourse to prosecution. However, Inspection Services reserves the right to initiate prosecutions in respect of breaches of certain employment legislation. Decisions in relation to prosecutions are made in the light of, among other matters, the particular circumstances of the case and the willingness of employees to give evidence in court proceedings.

The Deputy should be aware that Rights Commissioners attached to the Labour Relations Commission, a body independent of my Department, also hear complaints concerning breaches of the National Minimum Wage Act 2000.

Finally, a focused employment rights compliance inspection campaign has been underway for the past two weeks in sectors covered by the National Minimum Wage. Such targeted campaigns, accompanied by awareness and promotional activities, will be a significant feature of NERA's future employment rights compliance and information strategy.

National Minimum Wage Act, 2000: Inspections/Visits, Breaches and Prosecutions
YearNo. of Inspections/ VisitsNo. of Inspections/ Visits during which breaches were detectedNo. of Prosecutions Initiated
20062,0021041
2007871950

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