Paul Murphy (Dublin South West, Socialist Party)
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100. To ask the Minister for Jobs, Enterprise and Innovation given correspondence showing a company offering a training rate of pay below the minimum wage, if he is aware of the prevalence of this practice; the steps he is taking to monitor compliance with minimum wage legislation; the number of cases that have been investigated by his Department in the past three years; and if his Department will investigate a case (details supplied). [42122/15]

Richard Bruton (Dublin North Central, Fine Gael)
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With effect from 1 October 2015, the activities of the Labour Relations Commission, the National Employment Rights Authority, the Equality Tribunal and the first instance functions of the Employment Appeals Tribunal and the Labour Court were merged into a new Body of First Instance, known as the Workplace Relations Commission (WRC).

The WRC has advised that arrangements have been made for an inspector to carry out an investigation in relation to the matters raised. An appointment letter in relation to the proposed inspection of records and associated enquiries has issued to the employer in this case and an inspector will be in touch with the complainant to discuss the matter further.

Inspectors of the WRC are authorised to carry out inspections for the purposes of monitoring and enforcing compliance with employment legislation. Inspectors operate in a fair and impartial manner, carrying out inspections throughout the country. Inspections arise as a result of:

- complaints received of alleged breaches of employment rights,

- targeted inspection campaigns, and

- routine inspection enquiries.

The total number of inspections carried out in the past three years was: 2012 - 4,689; 2013 - 5,545; and 2014 - 5,591.

In 2014, non-compliance with the National Minimum Wage Act was established in 12.5% of the cases inspected and a total of €143,223 in arrears for employees was recovered.

In the course of 2014, a total of 104 inspections were carried out in the hotel sector.

The aim of the WRC is primarily to achieve a culture of compliance by informing employers and employees of their respective responsibilities and entitlements under employment law, and by working in close cooperation with them and their representatives. Where an inspector determines that a contravention of specified areas of employment law (including the non- payment of money due to an employee under employment law) has taken place, and the employer concerned has failed or refuses to rectify the non- compliance, a Compliance Notice setting out the steps the employer must take to effect compliance may be issued. Should the employer not appeal, and fail or refuse to comply with the terms of the notice, the WRC may initiate legal proceedings against that employer.

An inspector may also, in respect of a number of acts of non- compliance on the part of the employer, serve a Fixed Charge notice (similar to on the spot fines). Failure or refusal to pay the charge will also leave the person open to prosecution.

In cases which are not covered by the provisions of the Workplace Relations Act 2015, such as failure to pay the minimum wage, employment permit issues and offences pertaining to non-co-operation and obstruction, the Workplace Relations Commission can initiate criminal proceedings in respect of the offences involved.