Written answers

Tuesday, 19 May 2009

Department of Enterprise, Trade and Employment

Employment Rights

12:00 pm

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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Question 96: To ask the Tánaiste and Minister for Enterprise, Trade and Employment her views on the more than 4,600 breaches of employment law reported in the annual review of the National Employment Rights Authority; the steps she will take to ensure a higher level of compliance with employment law; and if she will make a statement on the matter. [19842/09]

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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Question 99: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the number of workplace inspections carried out by the Labour Inspectorate to date in 2009; the way this compares with the same period in 2008; and if she will make a statement on the matter. [19846/09]

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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I propose to take Questions Nos. 96 and 99 together.

In 2008, the National Employment Rights Authority, (NERA) conducted nearly twice as many workplace inspections, as the 2007 level - almost 28,000 workplace inspections in 2008 as against just fewer than 14,500 in 2007. This increased level of inspection activity is of course reflective of the greater level of Inspectorate resources available to NERA, which currently stand at 77 inspectors as opposed to the original level of 31 inspectors.

Since it commenced operations on an interim basis in 2007, NERA has had considerable success in ensuring that abuses of workers rights and entitlements do not go unchecked. Early in 2008, NERA undertook a nationwide information and awareness campaign, which has been instrumental in bringing about a much greater level of awareness both by employers and by employees of their respective rights and obligations under employment law. This information and awareness role continues to play a significant part in NERA's employment rights compliance and information strategy and is one that I believe will prove to be more beneficial in the longer term in bringing about a greater compliance culture.

NERA has carried out a total of 6,572 calls visits and inspections up to the 8th of May 2009. This compares with 6,395 for the corresponding period in 2008.

As regards the total level of breaches detected in 2008, which are reported at 4,629 in NERA's 2008 annual review, this represented a virtual doubling of the level detected in 2007 i.e. 2,344 and there is a correlation between the increase in the level of inspections undertaken and the level of breaches detected. It must be recalled that, where breaches are detected, NERA's primary objective is to seek compliance with the relevant legislation and rectification of any breaches identified, including redress for the individual(s) concerned and payment of any arrears due to employees.

The Government committed in Part 2 of the 10 Year Framework Social Partnership Agreement, Towards 2016, to a series of measures to greatly increase public confidence in the system of employment law compliance. The Employment Law Compliance Bill 2008, which has undergone its Second Stage reading in this House with further stages of the Bill in both Houses to follow shortly, is designed to give effect to those commitments upon enactment.

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