Written answers

Thursday, 29 June 2017

Department of Jobs, Enterprise and Innovation

Employment Rights

Photo of Niall CollinsNiall Collins (Limerick County, Fianna Fail)
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77. To ask the Minister for Jobs, Enterprise and Innovation the position regarding the principle in the confidence and supply agreement to tackle the problems caused by the increased casualisation of work that prevents workers from being able to save or have job security. [30764/17]

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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On 2 May last, the Government approved draft legislative proposals as a 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. The draft legislation was referred to the Office of the Attorney General on the 4th of May for priority drafting of a Bill.

The proposals aim to address a number of key issues which have been identified as being areas where current employment rights legislation can be strengthened to the benefit of employees, particularly low-paid and more vulnerable employees, without imposing unnecessarily onerous burdens on employers and businesses. 

The proposals are the result of extensive consultations. These include a public consultation by my Department following the University of Limerick study on Zero Hour Contracts and low hour contracts, as well as a detailed dialogue process with ICTU and Ibec over a period of several months.

The draft legislation, including the draft Heads, was referred to the Joint Oireachtas Committee on Jobs, Enterprise and Innovation for the Committee to consider and determine if it wished to engage in pre-legislative scrutiny of the proposed Bill. In this regard, on 20 June, officials of my Department met with the Committee in order to brief them on the draft Heads. The Committee has since confirmed that it does not wish to engage in pre-legislative scrutiny of the draft legislation. 

My Department has recently received a first draft from the Office of the Parliamentary Counsel.  I envisage that, subject to Government approval, the Bill will be published at an early date once the drafting process is finished.

The Government legislation will address the following key issues:

- Ensuring that employees are better informed about the nature of their employment arrangements and in particular their core terms at an early stage of their employment.

- Strengthening the provisions around minimum payments to low-paid, vulnerable workers who may be called in to work for a period but not provided with that work.

- Prohibiting zero hours contracts, except in cases of genuine casual work or emergency cover or short-term relief work for the employer.

- Ensuring that workers on low hour contracts who consistently work more hours each week than is provided for in their contracts of employment, are entitled to be placed in a band of hours that reflects the reality of the hours they have worked over an extended period.

- Reinforcing the anti-victimisation provisions for employees who try to invoke a right under these proposals.

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