Joe McHugh (Donegal North East, Fine Gael)
Link to this: Individually | In context

Question 274: To ask the Minister for Jobs, Enterprise and Innovation his views on a matter (details supplied) regarding the National Employment Rights Authority; and if he will make a statement on the matter. [15519/11]

Richard Bruton (Dublin North Central, Fine Gael)
Link to this: Individually | In context

Minister at the Department of Enterprise, Trade and Innovation (Mr. Bruton) The statutory minimum wage due to employees for certain employment sectors, including retail grocery, is set out in statutory instruments known as Employment Regulation Orders (EROs)

The Industrial Relations Acts 1946-1990 impose a statutory obligation on NERA inspectors to enforce the rates of pay and conditions of employment as set out in the EROs.

Section 49 of the Industrial Relations Act 1946 provides that employers must keep records for a period 3 years to show compliance with the ERO. NERA undertakes inspections and associated enquiries to check compliance with minimum statutory employment rights entitlements.

Where an employer does not pay the minimum entitlement due to employees, NERA's primary objective is to seek compliance with the legislation and rectification of any breaches identified, and payment of any wages underpaid to employees.

Section 45(4) of the Industrial Relations Act 1946 provides that proceedings may be taken against an employer

"in respect of an offence consisting of a failure to pay a worker remuneration not less than the statutory minimum remuneration..."

Where such proceedings are taken, a Court

"may order the employer to pay to the worker...such sum as is found ...to represent the difference between the amount which ought to have been paid during that period to the worker...and the amount actually so paid"

It is on this basis that a NERA inspector would seek rectification and payments of arrears due.