Written answers

Thursday, 22 June 2017

Department of Jobs, Enterprise and Innovation

Employment Rights

Photo of Bríd SmithBríd Smith (Dublin South Central, People Before Profit Alliance)
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55. To ask the Minister for Jobs, Enterprise and Innovation if her attention has been drawn to the fact that a number of companies in the security industry are refusing to pay the recently passed ERO increase for the industry; the action her Department plans to take to ensure this increase is complied with; and if she will make a statement on the matter. [29279/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Inspection and Enforcement Services of the Workplace Relations Commission (WRC) monitor employment conditions to ensure compliance with and, where necessary, the enforcement of employment rights legislation. This includes redress for the employees concerned and payment of any unpaid wages arising from breaches of employment rights.

The Industrial Relations Act 2012 provides for the making of Employment Regulation Orders (EROs) whereby proposals on pay and other terms and conditions are formulated by Joint Labour Committees (JLCs) and adopted by the Labour Court if the Court is satisfied that the JLC has complied with the relevant Sections of the 2012 Act. The Labour Court then makes a recommendation to the Minister who if satisfied that the Act has been complied with will make an Employment Regulation Order, the terms of which are legally enforceable and applicable to all employers in those sectors.

If enterprises that are covered by Employment Regulation Orders are experiencing severe financial difficulties they may apply to the Labour Court for an exemption from their obligation to pay the rates provided for in the Orders for a specified period of time. The criteria relating to these exemptions are provided for in the Industrial Relations (Amendment) Act 2012.

Prior to the 1stJune last, SI No. 417 of 2015 Employment Regulation Order (Security Industry Joint Labour Committee) 2015, which came into operation on 1 October 2015 applied in the sector.  The table below sets out the detail relating to inspections carried out in the Security Sector between 1 October 2015 and 31 May 2017.

Security SectorNo. InspectionsNo. of Employers in Breach
Oct-Dec 201532
2016175
2017 (to 31 May)52

Employment Regulation Order (Security Industry Joint Labour Committee) 2017 (SI No. 231 of 2017) came into effect from 1 June last and revokes the 2015 Order.  It is anticipated that a similar number of inspections will be carried out in the sector this year as compared to last year. 

Employees in the sector who feel that their employment rights have been contravened can make a complaint to the WRC. The Commission’s Information Officers may also be contacted at 1890 808090 or through the website www.workplacerelations.ie  for information on employment rights and entitlements.

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