Written answers

Tuesday, 16 December 2008

Department of Enterprise, Trade and Employment

Employment Rights

9:00 pm

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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Question 155: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the breakdown for each year since 2000 to date in 2008 of the action of her Department, and agencies under the remit of her Department in informing those catering employers, except in the areas known until 1 January 1994, as the county borough of Dublin and the borough of Dun Laoghaire, of their obligations under employment regulation orders to their employees; the number of staff in terms of whole time equivalents devoted by her Department and agencies under the remit of her Department to such activities for those years; the financial resources expended on such activities for those years; and if she will make a statement on the matter. [46059/08]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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Question 156: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the breakdown for each year since 2000 to date in 2008 of the action of her Department, and agencies under the remit of her Department in informing those hotel employers, except those in employers in the county borough of Cork and the areas known, until 1 January 1994, as the county borough of Dublin and the borough of Dun Laoghaire of their obligations under employment regulation orders to their employees; the number of staff in terms of whole time equivalents devoted by her Department and agencies under the remit of her Department to such activities for those years; the financial resources expended on such activities for those years; and if she will make a statement on the matter. [46060/08]

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
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I propose to take Questions Nos. 155 and 156 together.

The role of the National Employment Rights Authority (NERA), which was established on an interim basis in February, 2007, is to foster and enforce a national culture of employment rights compliance in the State. In order to fulfil this role, NERA undertakes a range of functions, including the provision of impartial information to employers and employees, an inspection function and a prosecution and enforcement service. In the period between 2000 and NERA's establishment, the Employment Rights Information Unit and the Labour Inspectorate would have fulfilled a similar role. NERA Information services provide impartial information on a wide variety of employment rights legislation, including Employment Regulation Orders (EROs), to employers and employees by telephone, in writing, by e-mail and through on-going public awareness campaigns. Some 120,000 enquiries have been dealt with to end November in 2008 while some 93,000 enquiries were handled in 2007. Approximately 30% of the total calls received are initiated by employers. It is not possible to calculate the percentage of enquiries by sector. Further details on NERA activities are set out in the following table.

In 2008, NERA launched a nationwide public awareness campaign to raise awareness of employment rights and the services provided by NERA. The widely disseminated advertising and promotion campaign ran from 14 January 2008 to the first week in May 2008 and sought to engage employers and employees and the general public to promote a culture of employment rights compliance. The NERA website, www.employmentrights.ie, was launched on 10 January, 2008. Over one and three quarter million pages have been viewed since its launch to date. Average daily page hits in the year to end November 2008 numbered in excess of 5,000. The NERA website contains information specifically relating to EROs pertaining to the Hotel and Catering sectors. In response to the growing numbers of employers using its service, NERA launched two new publications a 'Guide to Employment Rights' and a 'Guide to Inspections'. The 'Guide to Employment Rights' is intended to give general guidance to employers and employees on employment rights matters and it includes specific information in relation to Employment Regulation Orders (EROs) in the Catering and Hotels sector.

NERA also engage in exhibitions and deliver presentations to key stakeholders. Of the 129 presentations and exhibitions in which NERA participated during 2007 and 2008, fifty-nine involved employer groups. In 2008, these included presentations to the Fáilte Ireland Annual Conference, the Fáilte Ireland HR Hotel Managers Network and the Small Firms Association annual conference. NERA also delivered presentations to The Human Resource Managers Conference and the Club Managers Association of Europe (Ireland) CMAE. In October 2008 NERA delivered a stakeholders briefing to the IBEC Hospitality Sector, which was attended by Fáilte Ireland and the Irish Hotels Federation.

NERA undertakes inspections to determine employment rights compliance. In the course of those inspections, the inspectors provide information to employers on their obligations under employment rights legislation, including obligations under Employment Regulation Orders, if applicable. The number of inspections undertaken in 2007 and 2008 to check compliance with the Catering and Hotels employment legislation is set out in the following table. While the work of the Labour Court is a day to day matter for that body, I have been advised by the Court that it publishes notices in two National daily newspapers and Iris Oifigiúil on the making of each new Catering and Hotels ERO. In the years from 2000 to 2008, the Labour Court made 12 EROs in respect of the Catering sector and 7 EROS in respect of the Hotel sector.

In addition, I have been advised by the Court that copies of each Order were sent to all employers known to the Court to whom the Orders apply. Their circulation list for Catering EROs amounts to a total of 2,119 employers, individuals, organisations and firms and for the Hotels EROs amounts to a total of 847 employers, individuals, organisations and firms. I should also point out that there is a statutory obligation on employers to post notices to inform their employees of the details of these EROs. Awareness raising activities by NERA and the Labour Court in relation to Catering and Hotels EROs are conducted as part of the overall activities of both bodies, the costs of which are met from within their respective operating budgets. It is not possible to disaggregate the staffing or financial resources allocated to the specific information provision activities referred to in the Deputy's questions.

Table: NERA Information and Inspection Activities
NERA Activities2008 Year to Date (End Nov)2007 Year to end December
Information Enquiries dealt with121,00093,000
Website page impressions1,687,985N/A
Conferences & Exhibitions (Total)8643
Conference & Exhibitions (Employers groups)4613
Catering (Dublin) Inspections8958
Catering (Country) Inspections930147
Hotels Inspections13592

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