Written answers

Tuesday, 19 January 2010

Department of Enterprise, Trade and Employment

Job Losses

9:00 pm

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context

Question 166: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if she will support a matter (details supplied). [48329/09]

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
Link to this: Individually | In context

While the decision of SR Technics to move operations from Ireland is regrettable, the relocation of companies, and with them jobs, is a reality of the modern global economic environment for a highly developed economy such as Ireland. This shift in the structure of international trade poses challenges to economic policy makers in all developed countries, not just Ireland. It must be remembered that Ireland also experiences the benefits resulting from globalisation as new markets and business opportunities open up for Irish companies.

The Government, through IDA Ireland, is committed to continued marketing of Ireland as a location for companies interested in establishing aircraft maintenance and aviation engineering businesses. The decision by Aer Lingus to undertake line maintenance operations, previously contracted to SR Technics, is a commercial decision, which is solely a matter for Aer Lingus. As regards any financial assistance provided to a company for establishment of operations in Malta or any Member State, the application and monitoring of exemptions to the general prohibition on State Aid in the EC Treaty rests exclusively with the European Commission.

The current Irish law in the area of "transfer of undertakings" is the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 – Statutory Instrument (S.I.) No. 131 of 2003. The Regulations implement the mandatory (i.e. mandatory to transpose) provisions of EU Council Directive 2001/23/EC of 12 March 2001 which is aimed at safeguarding the rights of employees in the event of a transfer of an undertaking, business or part of a business to another employer as a result of a legal transfer (including the assignment or forfeiture of a lease) or merger. Section 21 of the Employees (Provision of Information and Consultation) Act 2006 transposed a provision of the European Directive relating to the information to be provided by the original employer to the new employer.

Complaints relating to alleged contravention of the Regulations on Transfer of Undertakings can be brought in the first instance to a Rights Commissioner and, on appeal, to the Employment Appeals Tribunal. An application to a Rights Commissioner can be made by the employee, or by a representative (including a trade union representative) by contacting the Rights Commissioner Service of the Labour Relations Commission, Tom Johnson House, Haddington Road, Dublin 4, or phone 01 6136700.

Comments

No comments

Log in or join to post a public comment.