Written answers

Wednesday, 22 October 2014

Department of Jobs, Enterprise and Innovation

Employment Rights

Photo of Peadar TóibínPeadar Tóibín (Meath West, Sinn Fein)
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89. To ask the Minister for Jobs, Enterprise and Innovation when the current investigation by the National Employment Rights Authority into complaints made against contractors working at a publicly funded construction project (details supplied) will be complete; if this investigation will conclude before the project is completed; and the actions that will be taken against the contractors should the complaints by workers be upheld by NERA. [40576/14]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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NERA carries out its work on a confidential basis and in line with the practice of other investigative and enforcement bodies of the State NERA does not comment on any inspection which it undertakes. This ensures that both the private information of individuals and the commercial affairs of companies or organisations are treated in accordance with legal obligations. Only where a Court adjudicates on a case does such information become a matter of public record.

However I can state that publicly funded construction projects are a matter of interest to NERA and the sector is subject to ongoing monitoring by NERA. NERA’s inspection remit encompasses the enforcement of certain statutory employment rights and obligations under employment legislation, including the following Acts:

- National Minimum Wage Act 2000

- Organisation of Working Time Act 1997

- Payment of Wages Act 1991

- Employment Permits Acts 2003 & 2006

- Employment Agency Act 1971

Failure or refusal to comply with legal obligations under the above Acts can result in a criminal conviction for an employer.

Where in the course of an investigation NERA encounters a question as to whether a person is self-employed, such claimants are directed to seek clarification of their status with SCOPE Section of Department of Social Protection or to the Revenue Commissioners to deal with the issuing of certification regarding self-employment. When this issue is clarified any claims under employment legislation can then be investigated.

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