Written answers

Tuesday, 23 June 2015

Department of Jobs, Enterprise and Innovation

Job Losses

Photo of Joan CollinsJoan Collins (Dublin South Central, United Left)
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307. To ask the Minister for Jobs, Enterprise and Innovation if he will meet with employees (details supplied) as soon as possible, to resolve a number of issues raised by these employees; and when he will meet them. [24893/15]

Photo of Gerald NashGerald Nash (Louth, Labour)
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The Deputy will understand that I cannot provide legal advice in relation to the law applying to any particular situation, or the interpretation of legislation. Independent legal advice should be sought if an individual has concerns about a specific employment situation.

The National Employment Rights Authority (NERA) provides general information on employment, equality & industrial relations legislation, through the Workplace Relations Customer Service and Information Unit. It can be contacted at Lo-call: 1890 80 80 90 or via its website www.workplacerelations.ie. The individuals in question should contact NERA to discuss their concerns.

Ireland’s body of employment rights legislation protects all persons legally employed in Ireland on an employer-employee basis. Where NERA receives complaints in relation to clarification of a person's employment status, i.e., employed or self-employed, such complainants are referred to the Revenue Commissioners and/or the Department of Social Protection (Scope Section) for investigation.

In most cases it will be clear whether an individual is employed or self-employed. Where there is doubt in relation to the employment status of an individual the relevant Departments and Agencies will have regard to the Code of Practice for Determining Employment or Self-Employment Status of Individuals. This Code was drawn up and agreed in 2007 by the Office of the Revenue Commissioners, Department of Social and Family Affairs, Department of Enterprise, Trade and Employment, the Irish Congress of Trade Unions and the Irish Business and Employers Federation.

If it is the case that the individuals concerned are part-time employees, the Protection of Employees (Part-Time Work) Act 2001provides a wide degree of protection 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 comparable full time employee.

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