Ciara Conway (Waterford, Labour)
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102. To ask the Minister for Jobs, Enterprise and Innovation his views on zero hour contracts; if he will commit to ending same; and if he will make a statement on the matter. [3086/14]

Richard Bruton (Dublin North Central, Fine Gael)
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Zero hour contracts are covered by contract law. A zero hour contract must be entered into freely between the employer and the employee – it cannot be forced upon an employee. Zero hour contracts are normally found in sectors such as retail, healthcare and hospitality. I am very conscious that in certain circumstances, they may be of great benefit to both employers and employees. They allow greater flexibility for both, reducing the employer’s pay costs, while workers can decide when and if they want to work. Such contracts may be preferred by employees who require flexibility to facilitate educational or other personal requirements and banning such contracts could do a disservice to these workers. However this is an area I will keep under review.

It is important to note that Section 18 of the Organisation of Working Time Act 1997 contains a protection for employees who are employed on zero hour contracts. The zero hour protection applies to all employees whose contract operates to require them to be available whether they work on a casual basis or not. This feature of the Organisation of Working Time Act covers situations where, for example, an employee is sent home if things are quiet or is requested to be available for work and is not, on the day, asked to work. Where an employee suffers a loss by not working hours he/she was requested to work or be available to work, the zero hours provisions of the Act ensure that he/she is compensated for 25% of the time which he/she is required to be available or 15 hours whichever is the lesser. The level of compensation may be impacted if the employee got some work. Claims of breaches of section 18 may be referred to a rights commissioner.

An expectation of work does not, however, entitle an employee to compensation. The zero hours provision does not apply to lay-offs, short-time, emergency or exceptional circumstances, employee illness, employee on-call or where the employee is paid wages for making him/herself available for work.

Sections 17 and 19 of the Organisation of Working Time Act may also be of particular interest to employees on zero hour contracts. Section 17 sets out the requirements regarding notification to the employee of the times at which he/she will be required to work during the week. Generally, an employee is entitled to 24 hours’ notice of his/her roster for the week, although section 17(4) allows for changes as a result of unforeseen circumstances.

Section 19 sets out an employee’s entitlement to paid annual leave equal to 4 working weeks in a leave year in which he or she works at least 1,365 hours (unless it is a leave year in which he or she changes employment) or one-third of a working week for each month in the leave year in which he or she works at least 117 hours or 8 per cent of the hours he or she works in a leave year (but subject to a maximum of 4 working weeks).

Dara Calleary (Mayo, Fianna Fail)
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103. To ask the Minister for Jobs, Enterprise and Innovation if he will provide in tabular form the number of prosecutions for failure to comply with minimum wage legislation in each year from 2008 to 2013; and if he will make a statement on the matter. [3152/14]

Richard Bruton (Dublin North Central, Fine Gael)
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The National Employment Rights Authority (NERA) carries out inspections of employer records with a view to determining compliance with employment rights legislations. 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.

The table below contains details of the number of NERA inspections concluded on an annual basis between 2008 and 2013. Details are also provided of the number of convictions obtained each year in respect of failure to comply with minimum wage legislation.

The reduction in the number of prosecutions concluded in 2012 and 2013 is also influenced by the respective decisions of the High Court regarding certain provision of the Industrial Relations Acts of 1946 and 1990 governing the making of EROs, and the Supreme Court relating to REAs where Part III of the Industrial Relations Act 1946 was held to be invalid having regard to Article 15.2.1 of the Constitution.

*Comparable figures are not readily available

**Convictions are achieved in almost all cases that go to hearing.