Written answers

Thursday, 4 February 2010

Department of Enterprise, Trade and Employment

Employment Rights

Photo of Michael KennedyMichael Kennedy (Dublin North, Fianna Fail)
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Question 102: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the regulations that applied in respect of the Magdalene laundries which carried on business activities over many decades; if statutory inspections under health and safety regulations were carried out; if proper records existed in respect of working time, holiday time, and accidents at work; and if she will make a statement on the matter. [5880/10]

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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The information supplied by the Deputy does not provide a sufficient basis to indicate whether this question relates to matters which come within the remit of my Department or in relation to which I have day-to-day responsibility.

For the assistance of the Deputy, I should say that statutory obligations under employment law generally rest with employers. Statutory obligations under occupational health and safety law are primarily a matter for employers although employees also have duties. In both codes, the issue of the existence of an employment contract is central.

While employers may have obligations to keep certain records under both codes, if the matters, which the Deputy may have in mind, are alleged to have occurred a long time ago, it is unlikely that there will be any statutory requirement on employers, should they still exist, to maintain relevant records up until the present day.

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