Written answers

Thursday, 9 February 2017

Department of Jobs, Enterprise and Innovation

Employment Rights

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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28. To ask the Minister for Jobs, Enterprise and Innovation her views on reports of rampant non-compliance with employment legislation within the horse racing industry, particularly among stable staff, including non-compliance with the Organisation of Working Time Act 1997 and below minimum wage rates of pay; the number of cases of non-compliance with employment legislation in this industry investigated by her Department in the past five years; and the steps she will take to have the issues arising addressed. [6177/17]

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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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 oral) that person has the same protection under employment law as other employees, including entitlement to the national minimum wage.

All employers carry the same obligations in relation to compliance with employment law.

Inspectors of the Workplace Relations Commission (WRC) are authorised to conduct inspections and investigations for the purposes of determining compliance with employment rights and employment permit legislation.

Inspections in the equine sector are a regular feature of the WRC’s work 31 cases in that sector have been dealt with by inspectors in the 5 year period 2012-2016. Contraventions, which range from failure to keep records, inadequate restbreaks, failure to grant annual leave and public holiday entitlements and failure to pay the statutory minimum wage, were detected in 22 of those cases.

I am advised that the WRC’s Work Programme for 2017 makes specific provision for a compliance and enforcement campaign within that sector. Inspectors will be checking compliance with, among other requirements, national minimum wage rates and rest break, leave, public holiday and other entitlements under the Organisation of Working Time Act 1997 (as amended). The WRC's activities in the equine sector will also include an awareness and educational programme and engagement with stakeholders with the overall objective of achieving employment rights compliance.

Employees or  recent former employees in the horse racing industry who feel that their employment rights have been contravened can make a complaint to the Workplace Relations Commission. The WRC’s Information Officers may also be contacted at 1890 808090 or through the websitewww.workplacerelations.iefor information on employment rights and entitlements.

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