Written answers

Tuesday, 4 November 2014

Department of Jobs, Enterprise and Innovation

Employment Rights

Photo of Paul MurphyPaul Murphy (Dublin South West, Socialist Party)
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381. To ask the Minister for Jobs, Enterprise and Innovation further to Parliamentary Question No. 22 of 16 October 2014 if he will report on his consideration of the feasibility of wage setting frameworks in the domestic waste sector; and if he will make a statement on the matter. [41171/14]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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The matter is still under active consideration and the position as outlined in my answer of 16 October is unchanged.

Photo of John LyonsJohn Lyons (Dublin North West, Labour)
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382. To ask the Minister for Jobs, Enterprise and Innovation if he will provide the data available to him regarding the extent of zero hour contracts here; if his Department plans to carry out a study on the prevalence of these zero hour contracts in the State; and if he will make a statement on the matter. [41179/14]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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The Statement of Government Priorities 2014-2016 includes a commitment to conduct a study on the prevalence of zero hour contracts among Irish employers, their impact on employees and to make policy recommendations to Government on foot of the study. I confirm that my Department has been drawing up terms of reference for the study, which is to be carried out by external consultants. In this respect a Request for Tender is currently being drawn up which I expect will issue in the coming weeks.

The Central Statistics Office, which has responsibility for the collection of information relating to economic, social and general activities and conditions in the state, does not collect data on zero hours contracts. However, one of the key objectives of the study will be to establish whether or not such contracts exist in the Irish economy. The gathering of accurate and reliable data will be essential in the formulation of any evidence based policy recommendations to Government considered necessary on foot of the study.

It is important to note that section 18 of the Organisation of Working Time Act 1997 contains a specific protection for employees who are employed on zero hours contracts. The zero-hours protection applies to all employees whose contract operates to require them to be available whether they work on a casual basis or not. It 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 to 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.

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