Joe Costello (Dublin Central, Labour)
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Question 145: To ask the Tánaiste and Minister for Enterprise, Trade and Employment when she proposes to introduce legislation to implement the temporary agency workers' directive; if she has proposals for amending the posting of workers directive; and if she will make a statement on the matter. [42204/08]

Billy Kelleher (Cork North Central, Fianna Fail)
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I have no proposals to seek amendment of the Posting of Workers Directive, nor am I aware of any proposals to introduce amendments to the Directive which, in any case, is a matter for consideration by Ministers of the EU-27 at the Employment, Social Policy, Health and Consumer Affairs Council in conjunction with the European Parliament and the European Commission. The European Parliament by way of its legislative Resolution, of 22nd October 2008, have approved the Council common position for adopting a Directive of the European Parliament and of the Council on temporary agency work. I welcome the fact that the Parliament, in Plenary, accepted the Council common position without amendment. This matter will now be scheduled for the next meeting of the Employment, Social Policy, Health and Consumer Affairs Council, on 17th. December, when consideration of this dossier will be concluded. This will conclude the final element in the process of its adoption, and publication in the Official Journal.

Under the terms of the agreement reached by EU Ministers and approved by Parliament, there will be a three year period in which Member States will be required to transpose the Directive, following its adoption, into national legislation. The Deputy will recall that following the welcome developments in the European Parliament, I invited the Social Partners to discussions with my Department. These discussions will aim at agreeing a framework within which agency workers in Ireland would achieve equal treatment within an agreed timeframe having regard also to the need for flexibility in enterprises. The proposed Review and Transitional Agreement 2008-2009 concluded by the Social Partners contains a commitment to developing such a framework.

Seán Sherlock (Cork East, Labour)
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Question 146: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the maximum amount of time that an employer is permitted to keep a person on a three day a week before they are offered full-time work again or redundancy; and if she will make a statement on the matter. [42705/08]

Billy Kelleher (Cork North Central, Fianna Fail)
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A person may be put on reduced working hours by their employer e.g. a three day week or a 4 day week, where there is a reduction in the amount of work available. If an employee temporarily accepts a substantial reduction in his remuneration or his/her hours of work and such reduction is not less than half his/her normal working hours or remuneration (e.g. a 3 day week, or a 4 day week) such temporary acceptance for a period not exceeding 52 weeks shall not be taken to be an acceptance by him/her of an offer of suitable employment.

Similarly, if the employee never accepted the reduced working hours as his/her "normal" hours and was constantly seeking to be put back on full time working, he/she could then be deemed not to have accepted his/her reduced hours as normal. In such circumstances, an employee could request a statutory redundancy payment from his/her employer as the hours worked are not regarded as suitable or normal employment. It is up to the employer concerned in the first instance to determine whether or not there is in fact a redundancy situation. Disputes in this regard can be referred to the Employment Appeals Tribunal (EAT) for adjudication.

Where a person is put on reduced working hours by their employer e.g. a three day week or a 4 day week, the redundancy entitlement is calculated on the basis of a full week, provided the employee was put on reduced hours within one year (52 weeks) before being made redundant. If made redundant after the first year of reduced working hours and if it is clear that the employee fully accepted the reduced working hours as being his/her normal working week, never requesting a return to a full time week, the employee is deemed to have accepted the reduced hours as his/her normal week. In this situation, the gross pay for redundancy purposes is based on the reduced working hours. Where an employee, for his/her own reasons, requests to be placed on reduced working hours and the employer agrees, the redundancy entitlement is based on the reduced hours.