Leo Varadkar (Dublin West, Fine Gael)
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Question 149: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if she will amend the Industrial Relations Act 1990 to prevent Employment Regulation Orders from imposing double pay conditions for work on Sunday. [40634/08]

Billy Kelleher (Cork North Central, Fianna Fail)
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I have no plans to amend the Industrial Relations Acts as proposed by the Deputy. The operation of the Joint Labour Committee system has recently been considered by the social partners in the course of their negotiation of the Towards 2016 Review and Transitional Agreement.

Minimum rates of pay and other conditions of employment for workers in certain sectors, including the hotels and catering sectors, are set down in Employment Regulation Orders (EROs) made by the Labour Court. These orders are legally binding and are determined on the basis of proposals drawn up by the employer and employee representatives on the relevant Joint Labour Committees (JLCs). The JLCs are independent bodies and are composed of equal numbers of representatives of employers and workers in a particular sector with an independent Chairman.

In the context of our voluntarist approach to collective bargaining, each of the JLCs covering the catering and hotels sectors have agreed a set of terms and conditions, including the payment of premia for Sunday work, to apply to the workers covered by their respective remits.

I am aware of the concerns that have been raised by some employers regarding the impact of Sunday premia payments, particularly in the current economic environment. Any adjustment or variation in the rates applying to Sunday work in these sectors remains a matter for agreement by the parties represented on the JLCs.

Leo Varadkar (Dublin West, Fine Gael)
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Question 150: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the number of enforcement actions that have been made with regard to the enforcement of Sunday double pay conditions for the catering and hotel sector by the National Employment Rights Authority in 2008 with a breakdown by county; and if she will make a statement on the matter. [40676/08]

Billy Kelleher (Cork North Central, Fianna Fail)
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Minimum rates of pay, and other conditions of work, for workers in certain sectors are determined by Joint Labour Committees (JLCs). Each JLC is composed of representatives of workers and employers in the sector concerned. The pay and conditions agreed by the JLCs are given the force of law in Employment Regulation Orders made by the Labour Court on foot of proposals made to the Court by the JLCs. It is within this framework that the JLCs covering the hotels and catering sectors have, over the years, agreed a set of terms and conditions, including the payment of premia for Sunday work, to apply to the workers covered by their respective remits.

The table below sets out details of the number of inspections conducted by the National Employment Rights Authority (NERA) to date in 2008 in the catering and hotel sector, in the course of which breaches of the Sunday double pay provisions have been detected.

Where breaches of employment rights legislation are detected, NERA in the first instance engages with the employer to seeks the rectification of those breaches and the payment of any arrears due to employees arising from the breaches. To date in 2008 some €562,000 in arrears relating to breaches of the pay provisions (including Sunday pay provisions) of the Employment Regulation Orders governing the Catering and Hotels sectors has been recovered on behalf of employees.

To date in 2008, no prosecutions have yet been initiated in respect of employment rights breaches detected in the catering or hotel sectors.

Leo Varadkar (Dublin West, Fine Gael)
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Question 151: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if the National Employment Rights Authority may show any discretion in enforcing the double minimum rate requirement for Sunday work in the catering and hotel sectors; and if she will make a statement on the matter. [40677/08]

Billy Kelleher (Cork North Central, Fianna Fail)
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The National Employment Rights Authority (NERA) has responsibility for enforcing the minimum statutory employment rights to which employees are entitled, including employees in the catering and hotel sectors. These rights and entitlements are set out in Employment Regulation Orders (EROs) covering the sectors — Statutory Instruments 228 of 2007 and 142 of 2008 covering the catering sector and Statutory Instrument 149 of 2008 covering the Hotels sector. While NERA enforces the terms of the EROs, the Orders themselves are Statutory Instruments made by the Labour Court following proposals agreed by employer and employee representatives through the Joint Labour Committees (JLCs) for the appropriate sector. NERA does not have a role in the formulation or the making of EROs.

NERA inspectors are empowered under the Industrial Relations Act to enforce the minimum pay rates and conditions of employment as prescribed in EROs. The EROs do not give any discretion to inspectors insofar as the minimum rates of pay set by the JLCs are concerned.

Any amendment to the existing EROs for the Catering and Hotels sectors would require, in the first instance, the submission of proposals by the relevant JLC to the Labour Court. The Labour Court may, by Order, give effect to any such proposals (with or without amendment). The Labour Court has recently received agreement in principle to amalgamation of the two JLCs in the catering sector and I have written to the Court requesting that the relevant legislative procedures be put in place to provide for the establishment of a single JLC for the sector. When in place, the single Catering JLC will provide the appropriate forum in which the Sunday Premium issue can be addressed.

Leo Varadkar (Dublin West, Fine Gael)
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Question 152: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the National Employment Rights Authority's policy with regard to the requirement that every second Sunday should be a day off for employees in the catering and hotel sectors; and if she will make a statement on the matter. [40678/08]

Billy Kelleher (Cork North Central, Fianna Fail)
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The wages and conditions of employment of workers in the Catering and Hotels industries are governed by Employment Regulation Orders (EROs). While NERA enforces the terms of these EROs, the orders themselves are made by the Labour Court following proposals agreed by employer and employee representatives in the context of the deliberations of the joint labour committees (JLCs) for the catering and hotels sectors. Neither the Minister for Enterprise, Trade and Employment nor NERA have any role or function in relation to the formulation of proposals or the making of such orders.

The Catering EROs provide that every second Sunday within the 78 hour fortnight is regarded as a day off. The Hotels Employment Regulation Order provides for alternate Sundays off during the off-season.

These provisions are consistent with the Organisation of Working Time Act, 1997 which provides that an employee's weekly rest period should include a Sunday unless the employer and employee agree, in the context of the employee's contract of employment, to an arrangement whereby the employee receives his/her rest period of 24 hours on a day of the week other than Sunday.

In circumstances in which employers roster employees on all Sundays, NERA inspectors will determine compliance on the basis of the following criteria:

(a) have the employees concerned consented to being rostered in this manner;

(b) is the employer paying the correct combination of Sunday premium/overtime; and

(c) are the employees receiving an alternative weekly rest period as required under the Organisation of Working Time Act 1997.