Written answers

Wednesday, 24 September 2008

Department of Enterprise, Trade and Employment

Labour Inspectorate

9:00 pm

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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Question 155: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the number of labour inspectors employed by the National Employment Rights Authority; the number of labour inspectors available for assignment on normal duties; the number of labour inspectors in training following recruitment; the status of the recruitment campaign to increase the Labour Inspectorate to 90 inspectors; and if she will make a statement on the matter. [30929/08]

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
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In accordance with commitments given under Towards 2016, the Social Partnership Agreement, the number of Inspectors was scheduled to increase from 31 to 90. Competitions were held in 2007 for the recruitment of the additional fifty-nine Inspectors and, fifty-nine inspectors have been assigned to NERA from these competitions.

All new inspectors have completed the NERA Inspection Services Introductory Training Programme and are currently undertaking further training, including on-the-job training with experienced inspectors. This involves working with experienced Inspectors in carrying out inspections and other associated enquiries at places of work with a view to determining compliance with certain employment rights legislation.

Nine Inspectors have left NERA over the past year as a result of promotion or internal and external Departmental transfers and re-assignments. As a result, the total number of NERA Inspectors currently stands at eighty-one.

The panels established in 2007 as a result of the recruitment competitions have now been exhausted. When new panels are established, NERA would be hoping to renew its intake of Inspectors.

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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Question 156: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the number of inspections carried out in 2006, 2007 and to date in 2008 by the Labour Inspectorate to ensure that the minimum wage was being paid; the number of breaches detected; the number of prosecutions initiated; and if she will make a statement on the matter. [30931/08]

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

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

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

in 2008: 2,532 calls/visits/inspections have been undertaken; in 205 cases breaches have been detected and in one case a prosecution was initiated.

NERA undertook a targeted campaign, which focused on compliance with the National Minimum Wage Act 2000, during the period 14 April to 11 May 2008. Such campaigns, accompanied by awareness and promotional activities, are a significant feature of the National Employment Rights Authority's employment rights compliance and information strategy.

The primary role of the National Employment Rights Authority in the case of breaches of employment rights legislation, is to seek compliance and rectification of any breaches identified, including redress for the employees concerned and payment of any arrears due to those employees.

It should be noted that in the majority of cases employers rectify breaches of employment law and pay underpayments of wages due to employees without prosecution. However, the National Employment Rights Authority reserves the right to initiate prosecutions in respect of breaches of certain employment legislation.

The Deputy should be aware that Rights Commissioners of the Labour Relations Commission also hear complaints concerning breaches of the National Minimum Wage Act 2000.

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