Clare Daly (Dublin Fingal, Independent)
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87. To ask the Minister for Jobs, Enterprise and Innovation the working hour bands which will be contained in her Department's proposed legislation on precarious working practices and low hour contracts; and if she will make a statement on the matter. [22905/17]

Pat Breen (Clare, Fine Gael)
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The legislative proposals approved by Government are in response to the Programme for Government commitment to address the problems caused by the increased casualisation of work and to strengthen the regulation of precarious work.

Included in the proposals is a provision for the creation of a new employment right for an employee, whose contract of employment does not reflect the reality of hours worked over an extended period, to be placed on a band of hours that better reflects the actual hours worked. This will provide greater certainty regarding earnings thereby addressing difficulties employees may have in accessing financial credit including mortgages.

The proposed reference period of 18 months was chosen as it is considered sufficiently long to allow for the normal peaks and troughs of businesses including those subject to seasonal fluctuations.

The provision will not apply to an employer who has entered into a banded hour arrangement through an agreement by collective bargaining with their employees.

It is proposed that there will be four bands of hours which will be kept sufficiently wide to allow a degree of flexibility for both employers and employees. The bands are 1 hour to 10 hours; 11 hours to 24 hours; 25 hours to 34 hours and 35 hours or over.

I am referring the draft legislation to the Oireachtas Committee on Jobs, Enterprise and Innovation for the Committee to consider and determine if it wishes to engage in pre-legislative scrutiny of the proposed Bill.