Written answers

Wednesday, 15 April 2015

Department of Jobs, Enterprise and Innovation

EU Directives

Photo of Eric ByrneEric Byrne (Dublin South Central, Labour)
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225. To ask the Minister for Jobs, Enterprise and Innovation to set out his plans to transpose the European Union directive on part-time work into Irish law ; and if he will make a statement on the matter. [14815/15]

Photo of Gerald NashGerald Nash (Louth, Labour)
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The Protection of Employees (Part-Time Work) Act 2001 (the 2001 Act) implemented EU Council Directive 97/81/EC into Irish law. The purpose of the Directive was to implement the Framework Agreement on part-time work concluded by the European cross-industry organisations UNICE, CEEP and the ETUC. The purpose of the Framework Agreement, which was annexed to the Directive, was to eliminate discrimination against part-time employees and to improve the quality of part-time work. It also aimed to facilitate the development of part-time work on a voluntary basis and to contribute to the flexible organisation of working time in a manner which takes into account the needs of employers and employees. Accordingly, the 2001 Act provides a wide degree of protection for part-time employees, including the general protection that a part-time employee shall not be treated in a less favourable manner in respect of his/her conditions of employment than a full time employee.

Further, Section 13(5) of the 2001 Act contained provisions in relation the preparation and publishing of a Code of Practice by the Labour Relations Commission in relation to the steps that could be taken by employers for the purposes of Clause 5.3 of the Framework Agreement. Clause 5.3 of the Framework Agreement provided that, as far as possible, an employer should give consideration to a request by workers to transfer from full-time work to part-time and vice-versa. The Labour Relations Commission prepared this Code of Practice, based on the provisions in Section 13 of the 2001 Act, following consultation with the social partners. It was deemed to be a Code of Practice and implemented, in 2006, by the Industrial Relations Act 1990 (Code of Practice on Access to Part-Time Working) (Declaration) Order 2006 (S.I. No. 8 of 2006). Under Section 42(4) of the Industrial Relations Act 1990, the Code is admissible in evidence in any proceedings before a Court, the Labour Court, the Labour Relations Commission, the Employment Appeals Tribunal or the Equality Tribunal.

I understand that IBEC and ICTU were involved in the process of drafting the Directive’s Framework Agreement at European level through the European social partner organisations. At national level, a tripartite group involving this Department, ICTU, IBEC and other relevant Government Departments was established to consider the measures necessary for implementing the Directive in Ireland prior to publication of the Protection of Employees (Part-Time Work) Bill 2000.

I am satisfied that Ireland has met its responsibilities in transposing EU Council Directive 97/81/EC into national law. This position is confirmed by a 2003 report on the implementation of the Directive undertaken by the European Commission.

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