Leo Varadkar (Dublin West, Fine Gael)
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Question 148: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the legislation which governs contract workers here; if she will introduce new legislation in this area; and if she will make a statement on the matter. [15181/09]

Mary Coughlan (Donegal South West, Fianna Fail)
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I presume the Deputy is referring to the position of persons with contracts for services i.e. the self-employed, under employment rights legislation.

The current body of employment rights legislation, which includes transposition of EU Directives into domestic law, applies to employees or persons with contracts of service and does not apply to persons with contracts for services i.e. self-employed. As this legislation provides for the rights of employees in relation to their employment with an employer, it would not make sense for it to apply to the self-employed as autonomous persons. The rationale for such legislation applying to employees or persons with contracts of service only is that employees could be vulnerable in their employment relationship with an employer. Accordingly, there would not be any logic in applying to the self-employed employment rights legislation such as the Unfair Dismissal Acts, the Carer's Leave Act or the Redundancy Payments Acts etc. In the circumstances there are no proposals to introduce legislation to apply employment rights legislation to persons with contracts for services.