Written answers
Tuesday, 21 October 2014
Department of Jobs, Enterprise and Innovation
Employment Rights
Peadar Tóibín (Meath West, Sinn Fein)
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268. To ask the Minister for Jobs, Enterprise and Innovation the number of criminal prosecutions which have been brought by National Employment Rights Authority in respect of breaches of employment legislation in each of the past five years; the number of these prosecutions that resulted in convictions; the average fine imposed for breaches; and if he will make a statement on the matter. [39770/14]
Richard Bruton (Dublin North Central, Fine Gael)
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The tables contain details of the recorded prosecutions activity for NERA between 2009 and 2013. An asterisk indicates that the information sought is not available.
Prosecutions initiated as a result of NERA Inspections
| Year | 2009 | 2010 | 2011 | 2012 | 2013 |
|---|---|---|---|---|---|
| Total prosecutions brought | * | * | * | * | 85 |
| Convictions | 16 | 25 | 28 | 27 | 76 |
| Total Fines | €19,129 | €27,689 | €70,000 | €59,235 | €97,050 |
| Average Fine per Conviction | €1,196 | €1,108 | €2,500 | €2,194 | €1,277 |
Prosecutions initiated as a result of referrals from the Labour Court for non-compliance with Labour Court Orders
| Year | 2009 | 2010 | 2011 | 2012 | 2013 |
|---|---|---|---|---|---|
| Total prosecutions brought | * | * | * | * | 50 |
| Convictions | 11 | 7 | 40 | 39 | 8 |
| Total Fines | €12,100 | €20,700 | €74,808 | €85,797 | €12,800 |
| Average Fine per Conviction | €1,100 | €2,957 | €1,870 | €2,200 | €1,600 |
In 2011 and 2013, a large number of the prosecutions in train by NERA in respect of non-compliance with Labour Court Orders had to be struck out as a result of High Court decisions which found that the legislation underpinning the enforcement of certain collective agreements was unconstitutional.
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 cases are referred for prosecution.
Willie O'Dea (Limerick City, Fianna Fail)
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269. To ask the Minister for Jobs, Enterprise and Innovation the number of allegations of bogus self-employment or subcontracting that have been made to the National Employment Rights Authority over the past five years; the number that were investigated; the number of allegations that were confirmed; the findings that were made; the action that was subsequently taken; if an employer has ever been convicted or penalised in any way for bogus subcontracting; and if he will make a statement on the matter. [40128/14]
Richard Bruton (Dublin North Central, Fine Gael)
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It is not within the remit of NERA to make determinations regarding the employment status of individuals vis-à-vis employment or self-employment. This is a function of the Department of Social Protection (Scope Section) who make decisions in relation to the insurability of employment and the appropriate class applicable where the matter is called into question and the Revenue Commissioners who equally make decisions concerning the correct employment status of individuals. The matter can also be determined by the Courts.
Where complaints are received in relation to bogus self-employment or bogus sub-contracting, they are forwarded to the Revenue Commissioners and/or the Department of Social Protection for investigation either solely by the recipient or jointly with NERA e.g. specific complaints in relation to abuse of thesub-contracting or RCT system is a matter for the Revenue Commissioners.
NERA maintains statistics in relation to the number of complaints and the source of the complaint e.g. from an employee or employer or a trade union. NERA prosecutions relate to breaches of employment law or employment permit legislation.
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