Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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331. To ask the Minister for Jobs, Enterprise and Innovation his views that a company (details supplied) who provide services to Bank of Ireland, Allied Irish Bank, Eircom and others is adhering to industrial relations regulations; if any complaints have been raised in relation to this company; if he will detail precisely the enforcement regime in place to ensure compliance with employment law; and if he will make a statement on the matter. [1657/14]

Richard Bruton (Dublin North Central, Fine Gael)
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The quasi-judicial and inspection bodies that operate in the Employment Rights and Industrial Relations area do so independently of me as Minister and details of complaints submitted to them are confidential to the parties involved. However, I understand that one complaint in respect of the company mentioned, that has yet to be heard, has been submitted to the Employment Appeals Tribunal (EAT) under Unfair Dismissals legislation.

The system of industrial relations in Ireland is, essentially, voluntary in nature and responsibility for the resolution of industrial disputes between employers and workers rests with the employer, the workers and their representatives. The State provides the industrial relations dispute settlement mechanisms, the Labour Relations Commission, including the Rights Commissioner Service, and the Labour Court, to assist parties in their efforts to resolve disputes, if requested. It is expected that the parties availing of these services do so in good faith and with a view to accepting the outcome of the process.

The National Employment Rights Authority (NERA) carries out inspections of employers records with a view to determining compliance with employment rights legislation. These inspections arise:

- In response to complaints received of alleged non-compliance with relevant employment rights legislation;

- As part of NERA inspections focusing on compliance in sectors where there is an identifiable risk of non-compliance and,

- As routine inspections, which act as a control measure.

Ireland’s body of employment rights legislation protects all persons legally employed in Ireland on an employer-employee basis. These protections relate to the statutory minimum rates of pay and conditions. A person who is working under a contract of employment on a full-time or part-time basis has the same protection under law as all other workers.

NERA aims to achieve voluntary compliance with employment law through the provision of education and awareness, inspection of employers’ employment records and enforcement where necessary. While every effort is made to secure compliance, 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.

Where people have concerns that workers may be exploited or are receiving less than their statutory entitlement the matter should be reported to NERA for investigation. Information Officers of the Workplace Relations Customer Service phone service on 1890 80 80 90 also provide impartial information on a wide variety of employment rights legislation to both employees and employers by telephone, in writing and by email.

Should an individual believe that they have grounds to make a complaint in order to seek their statutory employment rights then a complaint may be made under the relevant legislation on the Single Complaint Form downloadable from the Workplace Relations website at –

Information on completion of this form is also available on this website as well as from the Workplace Relations Customer Service unit at 1890 80 80 90.

Should a complaint be successful an award which may involve monetary compensation or reinstatement may be made by the quasi-judicial body in favour of the employee.

It is my view that the current system of enforcement of employment rights awards is cumbersome, expensive and, accordingly, not "fit for purpose". Shortly after entering office, I committed to a fundamental reform of the State’s existing Workplace Relations Services. The overall objectives are to promote harmonious and productive employment relationships and to encourage early resolution of disputes, the vindication of employees’ rights and minimisation of the costs involved for all parties - employers, employees and Government - in terms of money, time and workplace productivity. To this end, I propose to establish a two-tier Workplace Relations structure which will involve two statutorily independent bodies replacing the current five. We will have a new single body of first instance to be called the Workplace Relations Commission (WRC) and a separate appeals body, which will effectively be an expanded Labour Court.

I am certain that we can deliver a workplace relations system that will be supported by proportionate, effective and efficient compliance and enforcement measures. For this reason, I am proposing to make provision in the Workplace Relations Bill for a range of enhanced compliance measures, including the use of Compliance Notices, Fixed Charge Notices and a new mechanism for enforcing awards of the WRC Adjudicators and Labour Court Determinations. I am confident that the introduction of these measures will provide for more proportionate, efficient and effective enforcement of employment law.