Written answers
Tuesday, 24 January 2012
Department of Enterprise, Trade and Innovation
Employment Rights
9:00 pm
Paschal Donohoe (Dublin Central, Fine Gael)
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Question 283: To ask the Minister for Jobs, Enterprise and Innovation his plans to introduce further measures to deal with non-compliance of labour laws in the construction sector; and if he will make a statement on the matter. [3391/12]
Richard Bruton (Dublin North Central, Fine Gael)
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I am satisfied that the current measures to deal with non-compliance of labour laws are adequate and I have no plans at the moment to introduce any additional measures to deal with compliance in the construction sector. The National Employment Rights Authority (NERA) carries out inspections in this area, on a risk management basis, on receipt of a complaint or on a routine random basis.
Contractors working in the construction sector come within the terms of the Registered Employment Agreement for the Construction Industry, where they are building or civil engineering undertakings, the principal business of which is one or a combination of any of the activities set out in the agreement. Contractors may also come within the terms of the Registered Employment Agreement for the Electrical Contracting Industry where the main activity of the business is the performance of electrical work on a contract or sub-contract basis for a third party. The table provides details of inspections carried out under the both Agreements for 2010 and 2011.
Legislation | Cases | Compliance Level % | Unpaid Wages Recovered | |
2010 | CONSTRUCTION REA | 407 | 56% | 213,297 |
ELECTRICAL REA | 40 | 60% | 51,946 | |
TOTALS | 447 | 56% | 265,243 | |
2011 | CONSTRUCTION REA | 399 | 58% | 269,910 |
ELECTRICAL REA | 54 | 52% | 21,596 | |
TOTALS | 453 | 57% | 291,506 |
In the course of 2010 NERA established a dedicated team to carry out inspections on major capital public construction projects. NERA aims to achieve voluntary compliance. However, some employers either refuse or fail to rectify the breaches identified and/or pay money due to their employees. These employers are referred for prosecution.
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