Joe Costello (Dublin Central, Labour)
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Question 147: To ask the Tánaiste and Minister for Enterprise, Trade and Employment her views on correspondence (details supplied); the level of inspection she has in place; if she has ever inspected the company referred to; if the temporary lay off and non-payment of salary are legal; and if she will make a statement on the matter. [45116/08]

Billy Kelleher (Cork North Central, Fianna Fail)
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Section 11 of the Redundancy Payments Act 1967 provides that the following two conditions must apply for a cessation of work to be regarded as a lay off. Firstly, that it is reasonable in the circumstances for the employer to believe that the cessation of employment will not be permanent, and, secondly, that the employer gives notice to that effect to the employee prior to the cessation. The legislation also provides that disputes in relation to the operation of the Redundancy Payments Acts should be made to the Employment Appeals Tribunal.

Section 5(6) of the Payment of Wages Act, 1991, states that the non-payment of wages properly payable by an employer on any occasion will be regarded as an unlawful deduction. Complaints in relation to matters under this legislation may be made to the Rights Commissioner Service.

The National Employment Rights Authority (NERA), who are responsible for monitoring compliance with Employment Rights Legislation, can provide additional information on employment rights obligations and entitlements. NERA can be contacted by telephone on 1890 80 80 90 (Lo call) while the Authority's website, www.employmentrights.ie, could also be usefully consulted. NERA has confirmed that it has no record of an inspection on this company.