Niall Collins (Limerick County, Fianna Fail)
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267. To ask the Minister for Jobs, Enterprise and Innovation her views on the regulation of persons employed in the gig economy; and if she will make a statement on the matter. [25210/17]

Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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Rapid technological advances have given rise to new ways of working which may challenge our traditional view of the world of work including the employer-employee relationship. On 12 May last I hosted a major conference organised by my Department in Dublin Castle on the Future of Work involving government, employee representatives, employers and academia to address the challenges posed by the new world of work. Rapid technological advances have given rise to new ways of working. The conference had a particular focus on the impact of technology on the traditional employer/employee relationship.

This new world presents opportunities and challenges. While the flexibility and competitive advantage offered by new technologies is to be welcomed, a balance must be struck with the need to ensure continued employment rights protections. One of the messages coming from the conference was that care needs to be taken in any desire to regulate so that genuine innovation is not stifled and, equally importantly, that what might ultimately be found by employment rights adjudication bodies both here and abroad to be simply rebranding of workers performing work does not drive the regulatory agenda.

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 the Irish Congress of Trade Unions (ICTU) and the Irish Business and Employers’ Confederation (Ibec).

Where an individual believes they are being deprived of employment rights applicable to employees they may refer a complaint to the 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. As indicated earlier a number of what are loosely termed gig economy arrangements are only recently finding their way into adjudicatory processes for adjudication across the EU.

It is important to remember than some working in the gig economy are correctly categorised as self-employed. However, the Deputy will also be aware that the Department of Finance and Department of Social Protection have conducted a joint public consultation on the Use of Intermediary-Type Structures and Self-Employment Arrangements . 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.