Written answers

Thursday, 27 October 2016

Department of Jobs, Enterprise and Innovation

Employment Rights

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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185. To ask the Minister for Jobs, Enterprise and Innovation her views on whether taxi drivers or hackneys using taxi hailing apps (details supplied) could be considered as workers of these companies under employment law; if her Department has undertaken any reviews of the employment status of taxi drivers using these apps; and the outcome of these reviews. [32350/16]

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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186. To ask the Minister for Jobs, Enterprise and Innovation her views on the employment status of delivery riders who are contracted by a delivery service (details supplied); and if these workers are considered self-employed or as employed by the company under Irish employment law. [32351/16]

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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I propose to take Questions Nos. 185 and 186 together.

It would not be appropriate for me to make a determination regarding the employment status of any individuals or groups as there is an existing mechanism in place for making such determinations.

Ireland’s labour inspectorate' now forms part of the Workplace Relations Commission (WRC). Where an issue arises in relation to the employment status of an individual cases are forwarded to the Revenue Commissioners and/or the Scope Section of the Department of Social Protection for investigation either solely by the recipient' or jointly with the WRC.

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 relevant Government Departments with ICTU and IBEC.

Where an individual believes they are being deprived of employment rights applicable to employees they may refer a complaint to the Workplace Relations Commission (WRC) where the matter can be dealt with by way of mediation or adjudication leading to a decision that is enforceable through the District Court. WRC inspectors can also be asked to investigate certain breaches. Complaints can be made on a single complaint form available at the WRC’s website www.workplacerelations.ie. The WRC’s Customer Service Section' which provides information to both employers and employees in relation to employment' equality and industrial relations rights and obligations' can be contacted at Lo-call: 1890 80 80 90 or 059-9178990.

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