Charlie McConalogue (Donegal North East, Fianna Fail)
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190. To ask the Minister for Jobs, Enterprise and Innovation if there is legislation which specifically protects the rights of paid and unpaid interns; if there is a legal definition of what an unpaid internship should entail, for example, whether it has to include some educational element; if there is any statutory upper limit to the length of time a person may undertake an unpaid internship; if he will clarify the duties and responsibilities of an employer towards an unpaid intern under employment legislation. [41605/15]

Gerald Nash (Louth, Labour)
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Arrangements which may be described as internships are not defined by Irish legislation. Depending on the particulars of the individual arrangement, the participants may have entitlements to protection under employment law. Any persons with questions or complaints regarding their rights under employment law should contact Workplace Relations Customer Service on lo-call 1890 80 80 90 or at Ireland’s body of employment rights legislation protects all employees who are legally employed on an employer-employee basis. 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.

The JobBridge scheme is the national internship scheme administered by the Department of Social Protection. The legislation underpinning the JobBridge scheme specifically provides that a participant shall, for the purposes of any enactment or rule of law (other than the Tax Acts and the Safety, Health and Welfare at Work Act 2005), be deemed not to be an employee. Any complaints regarding compliance with the scheme should be addressed to that Department.

As regards occupational health and safety legislation, the Safety, Health and Welfare at Work Act 2005 requires employers to ensure that working conditions are such as will protect the safety, health and welfare at work of employees. It also requires employers to manage their business in such a way as to ensure, so far as is reasonably practicable, that individuals at the place of work who are not employees, are not exposed to risks to their safety, health or welfare.