James Bannon (Longford-Westmeath, Fine Gael)
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Question 153: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the legislation regarding double pay for restaurant workers on Sundays, which is forcing a person (details supplied) in County Longford to close their restaurant on Sundays; and if she will make a statement on the matter. [12019/09]

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). JLCs are statutory bodies established by the Labour Court under the Industrial Relations Acts 1946 to 2004. 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 (EROs) made by the Labour Court under the Industrial Relations Acts on foot of proposals made to the Court by the JLCs.

For the past number of years, the Catering sector has been covered by two separate JLCs, one covering the Dublin region and the second the rest of the country. Over the years, each of the JLCs in the Catering sector has agreed a set of terms and conditions to apply to the workers covered by its remit. In circumstances where both Committees have operated independently of each other, the terms as agreed by the two Committees have differed in various respects. In particular, workers covered by the Dublin ERO are entitled to time plus one third for Sunday work, while workers outside of Dublin must be paid double time.

I am aware that the approach to determination of the Sunday premia which applies under the EROs for the catering sector has given rise to concern for the continued viability of services provided by catering establishments and the sustainability of employment in many areas. In this regard, it is my understanding that the employer and trade union interests in the catering sector have reached a preliminary agreement to fix a uniform set of terms and conditions (including the harmonisation of the Sunday premium). I strongly urge the parties to take the necessary action to ensure that these uniform terms and conditions are given effect as soon as possible.