Written answers

Wednesday, 7 March 2012

Department of Enterprise, Trade and Innovation

Employment Rights

6:00 pm

Photo of Arthur SpringArthur Spring (Kerry North-West Limerick, Labour)
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Question 82: To ask the Minister for Jobs, Enterprise and Innovation the number of inspections that were carried out by the National Employment Rights Authority on Irish based contractors who were awarded public works contracts each year since 2008; and if he will make a statement on the matter. [12965/12]

Photo of Arthur SpringArthur Spring (Kerry North-West Limerick, Labour)
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Question 83: To ask the Minister for Jobs, Enterprise and Innovation the number of inspections carried out by the National Employment Rights Authority on contractors registered outside of Ireland and who were awarded public works contracts in this country each year since 2008; and if he will make a statement on the matter. [12966/12]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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I propose to take Questions Nos. 82 and 83 together.

The National Employment Rights Authority (NERA) case management system facilitates the capturing of details in respect of employers inspected in various sectors, including construction and electrical. It does not capture details in respect of individual employers which may, as part of their overall business, have been engaged in public contract work. The National Employment Rights Authority (NERA) carries out inspections, on a risk management basis, on receipt of a complaint or as part of its ongoing proactive inspection programme.

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 both Agreements for the period 2008 to date.

LegislationCasesCompliance Level %Unpaid Wages Recovered
2008CONSTRUCTION29738%710,475
ELECTRICAL3453%133,351
TOTAL33140%843,826
2009CONSTRUCTION39545%252,357
ELECTRICAL1527%28,004
TOTAL41044%280,361
2010CONSTRUCTION40756%213,297
ELECTRICAL4060%51,946
TOTAL44756%265,243
2011CONSTRUCTION39958%269,910
ELECTRICAL5452%21,596
TOTAL45358%291,506
2012 to dateCONSTRUCTION5664%14,538
ELECTRICAL1050%2,570
TOTAL6662%17,108

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 may be referred for prosecution.

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