Written answers

Thursday, 24 November 2011

Department of Education and Skills

Employment Rights

5:00 pm

Photo of Joanna TuffyJoanna Tuffy (Dublin Mid West, Labour)
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Question 99: To ask the Minister for Education and Skills if contractors employed on school building projects are obliged to abide by labour agreements with regard to pay and conditions for tradespeople; if such matters are policed at present; if there are any plans to reform the process of awarding school building contracts to ensure that agreed pay and conditions are adhered to by contractors; and if he will make a statement on the matter. [36876/11]

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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All Contractors employed on school building projects are required to ensure that rates of pay and conditions of employment, including pension contributions, comply with all applicable law and that those rates and conditions are at least as favourable as those for the relevant category of worker in any employment agreements registered under the Industrial Relations Acts 1946 to 2004.

My Department has produced a guidance document called DTP Practice Note 5 - Pay and Conditions of Employment 1st Edition October 2010 (http://www.education.ie/servlet/blobservlet/pbu_dtp_pay_conditions_note_5.pdf). This practice note sets out the duties of the Contractor and the Employer's Representative (usually the Project Architect) under the relevant contract used for individual school building projects. Where complaints regarding compliance with employment rights legislation arise, the appropriate statutory body for investigating such complaints is the National Employment Rights Authority (NERA). Its remit includes both inspection and enforcement (and prosecution) services. NERA's website is http://www.employmentrights.ie.

The Deputy may be interested to know that I have asked the relevant officials in my Department to discuss a proposal suggested by the Irish Congress of Trade Unions which may lead to a higher level of compliance on all school building projects funded by the state. Discussions on this will continue in the coming period.

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