Written answers

Tuesday, 2 May 2017

Department of Jobs, Enterprise and Innovation

Employment Rights

Photo of Noel RockNoel Rock (Dublin North West, Fine Gael)
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1410. To ask the Minister for Jobs, Enterprise and Innovation if she will consider addressing the State's non-compliance with the EU part-time workers directive by implementing the French model of honest contracts; and if she will make a statement on the matter. [19695/17]

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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The Protection of Employees (Part-Time Work) Act 2001 (the 2001 Act) implemented EU Council Directive 97/81/EC into Irish law.  This Directive emanated as a result of an agreement between employer and employee representatives at EU level to establish a general framework for eliminating discrimination against part-time workers and to contribute to developing the potential for part-time work on a basis which takes into account the needs of employers and employees.

Accordingly, the 2001 Act provides a wide degree of protection for part-time employees, including the general protection that a part-time employee shall not be treated in a less favourable manner in respect of his/her conditions of employment than a full time employee. 

I understand that Ibec and ICTU were involved in the process of drafting the Directive at European level through the European social partner organisations.  At national level, officials from my Department also consulted extensively with them regarding transposition of the Directive.

I am satisfied that Ireland has met its responsibilities in transposing EU Council Directive 97/81/EC into national law.  This position is confirmed by a 2003 report on the implementation of the Directive undertaken by the European Commission.

While the French concept of 'honest contracts' is interesting, my colleague, Minister Mitchell O'Connor, and I are currently bringing forward our own proposals in this area for consideration by Government. The proposals are in response to the commitment in the Programme for Government to address the problems caused by increased casualisation of work and to strengthen the regulation of precarious employment. 

The proposals are aimed at low paid, more vulnerable workers and address the issue of employees on low hour contracts who consistently work more hours each week but whose contracts do not reflect the reality of their hours worked.  The proposals will also seek to ensure that employees are better informed about the nature of their employment arrangements and their core terms at an early stage in their employment.

The policy response takes account of the University of Limerick study on zero hour contracts and low hour contracts as well as the extensive material and practical examples provided by respondents to the public consultation conducted by my Department. My Department also engaged in a detailed dialogue process with ICTU and Ibec over a number of months in an effort to secure the deepest understanding of the issues and implications before finalizing proposals. 

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