Written answers

Tuesday, 22 March 2016

Department of Jobs, Enterprise and Innovation

Employment Rights

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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136. To ask the Minister for Jobs, Enterprise and Innovation the way in which under current employment law a quota of local jobs can be reserved for local unemployed persons. [5293/16]

Photo of Richard BrutonRichard Bruton (Dublin Bay North, Fine Gael)
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The recruitment of employees is one of the most important functions in any business and ultimately it is the employer that must decide what employee or number of employees they will employ. 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 (written or verbal), on a full-time or part-time basis, that person has the same protection under employment law as other employees.

Article 45 of the EU Treaty on the Functioning of the European Union (TFEU) specifically highlights “the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.” Ireland has supported this principle of non-discrimination as part of the Freedom of Movement of Workers since our accession to the EEC in 1973. However, within these legal parameters, the Government has pursued a number of policies aimed at boosting local employment and helping unemployed persons in progressing to work.

Intreo, under the remit of my colleague the Minister for Social Protection, provides a single point of contact for all employment and income supports. Designed to provide a more streamlined approach, Intreo offers practical, tailored employment services and supports for jobseekers and employers alike. Intreo provides a wide range of supports and services to assist employers with their employment needs, designed to make sure that employers can access potential employees. Jobseekers are provided with guidance support and a Personal Progression Plan detailing the individual supports and training and education options and actions towards finding a job.

JobsPlus is one specific employer incentive which encourages and rewards employers who employ jobseekers on the Live Register. It is designed to encourage employers and businesses to employ people who have been out of work for long periods. It provides for a payment of €7,500 for each person recruited who has been unemployed for more than 12 but less than 24 months and a payment of €10,000 for each person recruited who has been unemployed for more than 24 months.

Since September 2013, a Protocol has been in effect between the Department of Social Protection, my Department and the Enterprise Agencies, with the aim of maximising recruitment by client companies of the enterprise agencies from the Live Register. This Protocol, implemented in the context of the Pathways to Work strategy, has had the added benefit of enhancing local networks and highlighting employment opportunities in enterprise agency clients in communities throughout Ireland.

In recent months, I have launched eight Regional Action Plans for Jobs aimed at using the strengths of each particular region to grow employment over the next three years. Targeted supports for local enterprises and local job creation can ensure that employment growth is spread more evenly throughout the country. These plans are being supported by funding of €250 million over five years to ensure implementation and the establishment of regional frameworks for employment growth.

Through all of these policies, the Government is working to equip local communities with opportunities to enable the unemployed to find meaningful and sustainable work.

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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137. To ask the Minister for Jobs, Enterprise and Innovation his views on the recent Workplace Relations Commission ruling on au pair employment rights; his plans concerning employment rights in this regard; and if he will make a statement on the matter. [5316/16]

Photo of Gerald NashGerald Nash (Louth, Labour)
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There is no separate legal definition of the term “au pair” in Irish legislation, and individuals described as “au pairs”, “nannies” or “child-minders” are not exempted or treated as separate categories of workers under Irish employment law. Ireland’s body of employment rights legislation protects all employees who are legally employed on an employer-employee basis, regardless of what title is given to them. Therefore, once it is clear that a person is working under a contract of employment (written or verbal), on a full-time or part-time basis, that person has the same protection under employment law as other employees, including entitlement to the national minimum wage. The National Minimum Wage Act 2000 defines a contract of employment as a contract of service or apprenticeship, or any other contract whereby an individual agrees with another person to do or perform personally any work or service for that person.

All employers, including those in private homes, carry the same obligations in relation to compliance with employment law. Where the Workplace Relations Commission (WRC), which is responsible for securing compliance with employment legislation, receives a complaint involving somebody described as an au pair, the WRC will investigate with a view to establishing whether a person has statutory entitlements under employment law. Complaints involving au pairs are considered on a case-by-case basis, in the light of the facts of each case.

In relation to public awareness, the WRC Information, Customer Services and Inspectorate functions maintains a high profile as part of the State body primarily responsible for information and compliance on employment rights in a number of ways. All employers, including those in private homes, carry the same obligations in relation to compliance with employment law. To ensure that awareness of these obligations is maintained, the WRC collaborates with key partners including civil society organisations, the trade union movement, employer organisations and other State bodies. WRC publications are widely distributed through the offices of community organisations, NGOs and Citizen Information Offices. The WRC also participates in conferences and events and makes presentations not only to employer and employee groups but also to community and educational groups.

The recent WRC decision does not constitute any change to existing employment law and any persons working under a contract of employment must continue to have the full protection of employment law. The Department of Jobs, Enterprise and Innovation has no plans to review the status of au pairs with a view to deeming persons determined to be employees to be outside the scope of employment law. The Department’s remit in this area is primarily concerned with ensuring that those people found to be employees can enforce their rights, as provided for under employment rights legislation.

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