Written answers

Thursday, 26 March 2015

Department of Jobs, Enterprise and Innovation

Employment Rights

Photo of Paul MurphyPaul Murphy (Dublin South West, Socialist Party)
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29. To ask the Minister for Jobs, Enterprise and Innovation his views on au pairs and domestic workers being paid the minimum wage; and if he will make a statement on the matter. [12086/15]

Photo of Gerald NashGerald Nash (Louth, Labour)
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Ireland's strong commitment to protecting the rights of domestic workers was highlighted last July when we ratified the International Labour Organisation's (ILO) Convention No. 189 on Domestic Workers. Ireland is among the small group of seventeen ILO member countries that have ratified this Convention to date. To mark the occasion of Ireland's ratification of the Convention and to help promote greater awareness of domestic workers' rights, Minister Bruton welcomed members of the Migrant Rights Centre of Ireland's Domestic Workers Action Group, along with IBEC and ICTU, to the Department on 9 July 2014 for the launch of a on the employment rights of domestic workers in Ireland. Ireland's strong track record in the area of protecting people involved in domestic work is evidenced by the fact that we were in a position to ratify the Domestic Workers Convention without having to amend our existing suite of employment rights legislation.

The National Employment Rights Authority (NERA) has undertaken a programme of inspections involving domestic workers, and continues to respond to any complaints received from domestic workers. In addition, the Labour Relations Commission, in conjunction with the social partners, produced a Code of Practice for Protecting Persons Employed in Other People's Homes which recognises the unique circumstances that occur in the domestic work employment relationship.

There is no legal definition of the term “au pair” in Irish legislation. However Ireland's body of employment rights legislation protects all employees who are legally employed on an employer-employee basis, regardless of what title is given to them. Therefore, once it is clear that a person is working under a contract of employment, on a full-time or part-time basis, that person has the same protection under employment law as other employees. For example, the National Minimum Wage Act 2000 requires that any persons working under a contract of employment to be paid the statutory National Minimum Wage. For the purposes of this Act, this means a contract of service or apprenticeship, or any other contract whereby an individual agrees with another person to do or perform personally any work or service for that person.

Where the National Employment Rights Authority (NERA) receives a complaint involving somebody described as an au pair, NERA will investigate with a view to establishing the person's statutory entitlements under employment law. The question as to whether a person is an employee or not is generally established by reference to the provisions of existing employment legislation and established contract law, regardless of any title or designation given to the individual. Complaints involving "au pairs" are considered on a case-by-case basis, in the light of the facts of each case.

Any persons with questions or complaints regarding their rights under employment law should contact the Workplace Relations Customer Service on lo-call 1890 808090 or at www.workplacerelations.ie.

Photo of Peadar TóibínPeadar Tóibín (Meath West, Sinn Fein)
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30. To ask the Minister for Jobs, Enterprise and Innovation the measures within the Action Plans for Jobs 2015 that will address the high levels of part-time and casual work which are now embedded in the structure of the labour market. [12095/15]

Photo of Gerald NashGerald Nash (Louth, Labour)
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The premise of the Deputy's question is false. Since 2012, the Action Plan for Jobs (APJ) has put in place a comprehensive set of measures agreed by Government to promote job opportunities and employment growth in all parts of the country. Almost 90,000 more people are at work since the launch of the first Plan in 2012. This increase has been in full-time jobs rather than casual or temporary jobs, with full time jobs accounting for 86% of the jobs growth. While the proportion of Irish workers who are on temporary contracts rose slightly during the recession, reaching 10.5% in 2011, it has since fallen back to the pre-recession level of 9.5% and remains significantly below the EU average of 14.4%. The CSO data for February 2015 indicates that the share of casual and part-time workers on the Live Register was down over 11% on February 2014, equivalent to 9,049 workers. The cumulative decrease is 17,625 workers since February 2013. The CSO data further indicates that the rate of unemployment has declined from a peak of 15.1% at the start of 2012 to 10.1% at end February 2015. The latest Quarterly National Household Survey figures show that, for the year to end Q4 2014, the numbers of people in employment increased by 29,100, which was represented by an increase in full-time employment of 39,600 and a decrease in part-time employment of 10,500.

The Action Plan for Jobs process is working and the Government is determined that this progress continues so that full employment can be achieved by 2018. In 2014, client companies of Enterprise Ireland and IDA Ireland created 8,476 and 7,131 net new jobs respectively; this represents the highest levels of net new job creation by agency client companies in over a decade and most of this employment growth was in full-time employment.

The 2015 Action Plan for Jobs, which was launched on January 29th, contains a suite of 382 actions to ensure we deliver the promised 100,000 additional jobs by 2016, with the target to create 40,000 jobs this year. Specifically, in 2015, Enterprise Ireland will target the creation of 13,000 gross new full-time jobs in indigenous firms. IDA Ireland will target the creation of 14,000 gross new jobs in multinationals. It is estimated that every direct job created in agency assisted firms indirectly supports another job in the wider economy thereby making a strong contribution to the overall target of achieving full employment in 2018.

While it is very encouraging that the majority of jobs being created are full-time, in accordance with the Statement of Government priorities, I have commissioned the University of Limerick to conduct a study into the prevalence of zero hour and low hour contracts and the impact of such contracts on employees. The key objectives of the study are:

- To fill the gap in knowledge that currently exists in terms of the hard data and information that is available concerning the prevalence of zero hour and low hour contracts in the Irish economy and the manner of their use.

- To assess the impact of zero hour and low hour contract on employees.

- To enable me as Minister to make any evidence-based policy recommendations to Government considered necessary on foot of the study.

All sectors of the economy, both public and private, will come within the scope of the study, and a wide range of stakeholders will be canvassed to contribute to it. It is expected that the study will be completed within six months of commencement.

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