Bríd Smith (Dublin South Central, People Before Profit Alliance)
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56. To ask the Minister for Jobs, Enterprise and Innovation if she is concerned at the increasing number of workers being asked by employers to sign contracts which designate them as self-employed and not as employees who have statutory rights. [22764/16]

Pat Breen (Clare, Fine Gael)
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Cases of so called bogus self-employment have serious implications from an employment rights perspective. In this respect it is important that individuals are correctly designated as regards employment status, so that those who ought to be designated as employees are not deprived of employment rights. This is particularly the case for vulnerable workers who may not feel in a position to object to certain arrangements.

Ireland has a well-resourced and proactive labour inspectorate, which now forms part of the Workplace Relations Commission (WRC) and there are already existing mechanisms in place to tackle this issue. Inspections are undertaken on the basis of risk analysis which identifies certain sectors, as a result of complaints received and on a routine basis. Where the WRC inspection service receive complaints in relation to bogus self-employment or bogus sub-contracting, they are forwarded to the Revenue Commissioners and/or the Department of Social Protection (Scope Section) for investigation either solely by the recipient, or jointly with the Workplace Relations Commission.

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.

I would urge the Deputy, if she has any knowledge or evidence of this practice, to bring it to the attention of the Workplace Relations Commission for investigation and appropriate action.

The Deputy might also be aware that the Department of Finance and Department of Social Protection have recently conducted a joint public consultation on the "Use of Intermediary-Type Structures and Self-Employment Arrangements. While this review arises from possible losses to the Exchequer that can arise from such practices, clearly there is a convergence of interests between minimising such losses and the protection of employment rights for the workers concerned.