Written answers

Thursday, 7 February 2008

Department of Enterprise, Trade and Employment

Employment Rights

5:00 pm

Photo of Brian O'SheaBrian O'Shea (Waterford, Labour)
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Question 55: To ask the Minister for Enterprise, Trade and Employment the number of inspections carried out by the Labour Inspectorate during 2006 and 2007 to ensure 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. [4066/08]

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
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The number of inspections/visits carried out in relation to the National Minimum Wage Act, 2000 during which breaches were detected and the number of prosecutions initiated for breaches of that Act for the years 2006 and 2007 are as follows:

in 2006: 2,002 inspections/visits were undertaken; in 104 cases breaches were detected and in one case a prosecution was initiated.

in 2007: 1,942 inspections/visits were undertaken; in 192 cases breaches were detected but no prosecutions were initiated.

The majority of the inspections/visits in 2006 and 2007 were undertaken as part of a focused employment rights compliance inspection campaign in sectors covered by the National Minimum Wage. Such targeted campaigns, accompanied by awareness and promotional activities, will be a significant feature of the National Employment Rights Authority's future employment rights compliance and information strategy.

The primary role of NERA Inspection Services, in the case of breaches of employment 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 reserve the right to initiate prosecutions in respect of breaches of employment legislation.

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

Photo of Martin FerrisMartin Ferris (Kerry North, Sinn Fein)
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Question 56: To ask the Minister for Enterprise, Trade and Employment the number of labour law infringements identified by labour inspectors in 2007; and the number of penalties imposed on employers following these infringements. [4081/08]

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
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The number of workplace inspections/visits undertaken by the NERA Inspection Services in 2007 amounted to 14,413. Breaches were detected in 2,353 cases. During 2007, 28 cases were referred to the Chief State Solicitors Office. The level of fines imposed by the Court in respect of cases heard ranged from €200 to €2,500.

The primary objective of the NERA Inspection Services, where breaches of employment law are detected, 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. In this regard the NERA Inspection Services recovered arrears amounting to almost €2.5 million in 2007.

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