Peadar Tóibín (Meath West, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

211. To ask the Minister for Jobs, Enterprise and Innovation if the Unfair Dismissals Acts or Terms of Employment (Information) Acts include a definition for commencement of employment. [13927/15]

Gerald Nash (Louth, Labour)
Link to this: Individually | In context | Oireachtas source

While the Acts referred to by the Deputy contain various references to the commencement of the employment and references to a contract of employment having been entered into, these Acts do not contain a specific definition for commencement of employment. Under the Terms of Employment (Information) Act 1994, one of the particulars of information to be provided to the employee in the written statement of terms and conditions is the date of commencement of the employee’s contract of employment. This statement of particulars should be provided to the employee within two months of the commencement of the employment.

Where there is a question with regard to the commencement date of employment in a case before an adjudicatory body such as a Rights Commissioner, this will be decided on the basis of the facts of the particular case, taking into consideration any relevant legal principles or precedents.

Terence Flanagan (Dublin North East, Independent)
Link to this: Individually | In context | Oireachtas source

212. To ask the Minister for Jobs, Enterprise and Innovation the position regarding zero-hours contracts (details supplied); and if he will make a statement on the matter. [13982/15]

Gerald Nash (Louth, Labour)
Link to this: Individually | In context | Oireachtas source

The Deputy will be aware that I recently commissioned the University of Limerick (UL) to carry out a study into the prevalence of zero hour and low hour contracts and the impact of such contracts on employees. The appointment of UL follows a competitive tendering process. 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 contracts on employees.

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

The study will have a broad scope, covering both the public and private sectors, with a particular focus on the retail, hospitality, education and health sectors. The study will examine how zero and low hour contracts operate in practice and how they impact on employees. It will assess the advantages and disadvantages from the perspective of employer and employee and assess the current employment rights legislation as it applies to employees on such contracts. The study will also consider recent developments in other jurisdictions, including the UK in particular. The study may also identify how the information gap might be addressed in the future.

Unlike the position in the UK, Section 18 of the Organisation of Working Time Act 1997 provides that where employees suffer a loss by not being given the hours they were requested to work or be available for work, they can be compensated for 25% of the time or 15 hours, whichever is less. There is no equivalent provision in the UK, where employees on zero hours contracts are only paid for time spent working and if they are not given any hours by their employer they receive no compensation.

A wide range of stakeholders will be canvassed to contribute to the study and I expect the study, which commenced in February, to be completed within six months.

The Deputy will appreciate that I cannot anticipate the outcome of the study or the Government’s consideration of the study’s findings.