Bríd Smith (Dublin South Central, People Before Profit Alliance)
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57. To ask the Minister for Jobs, Enterprise and Innovation if she will commission an investigation into work conditions in the film industry and the possible misuse of the trainee system to ensure that there are no breaches of employment laws including the Protection of Employees (Fixed Term Working) Act 2013; and if she will make a statement on the matter. [31846/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I understand that the Deputy raised the matter of the possible misuse of the trainee system in the film industry in the context of the film tax relief scheme in a recent Dail Question to the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs, who has responsibility in this area. I understand further that the Minister asked the Deputy to provide details of the possible misuse and undertook to have the matter examined by the Department of Arts, Heritage, Rural and Gaeltacht Affairs. 

From an employment rights point of view, Ireland has a comprehensive body of employment protection legislation designed to protect employees engaged under different types of employment arrangements.

The Protection of Employees (Fixed-Term Work) Act 2003 provides that fixed-term employees may not be treated less favourably than comparable permanent employees, unless the employer can objectively justify the different treatment. Less favourable treatment of a worker may be objectively justified if it is for the purpose of achieving a legitimate objective of the employer and such treatment is appropriate and necessary for that purpose. However, any justification offered cannot be connected with the fact that the employee is on a fixed-term contract.

The 2003 Act also establishes a framework to prevent abuses arising from the use of successive fixed-term employment contracts.  The Act provides that where an employee has been on two or more continuous fixed-term contracts, the total duration of those contracts may not exceed four years. After this, if the employer wishes to renew the employee’s contract, it is deemed to be a contract of indefinite duration unless there are objective grounds justifying the renewal of the contract for a fixed term only.

The Unfair Dismissal Act 1977 as amended contains a provision aimed at ensuring that successive temporary contracts are not used in order to avoid that legislation. It provides that where a fixed-term or specified-purpose contract expires and the individual is re-employed within 3 months, the individual is deemed to have continuous service for the purposes of that Act.

All employers, including those in the film industry, carry the same obligations in relation to compliance with employment law. Where an individual believes they are being deprived of employment rights applicable to employees they may refer a complaint to the Workplace Relations Commission (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. Complaints can be made on a single complaint form available at the WRC’s website www.workplacerelations.ie.  Should the Deputy be aware of specific cases where there are breaches of employment laws she may wish to contact the WRC directly.

Bríd Smith (Dublin South Central, People Before Profit Alliance)
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58. To ask the Minister for Jobs, Enterprise and Innovation her views on whether the refusal of 40 security companies to pay the recent increase set by the ERO for the security industry undermines such orders; the steps she will take to ensure workers receive this increase; and if she will make a statement on the matter. [31847/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Deputy as previously advised, 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.

Prior to 1 June 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 Security Sector.  The following table sets out the detail relating to inspections carried out in the Security Sector between 1 October 2015 and 31 May 2017:

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. 

A similar number of inspections will be carried out in the sector this year under the new order as were previously carried out under the 2015 Order.

Employees in the sector who feel that their employment rights have been contravened can make a complaint to the Workplace Relations Commission. 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.

The Workplace Relations Commission has been advised that there is evidence to suggest that a number of security companies have indicated their intention not to implement the provisions of the Employment Regulation Order (Security Industry Joint Labour Committee) 2017 though it is not aware of the identities of the companies concerned. I would ask you Deputy to pass on any information you have to the Workplace Relations Commission about alleged non-compliance with the Order.

The Private Security Authority (PSA) is the statutory body with responsibility for licensing and regulating the private security industry in Ireland. The PSA is an independent body under the aegis of the Department of Justice and Equality and my Department is represented on its Board.

It has, in accordance with the Private Security Services Acts 2004 and 2011, a statutory mandate which includes:

Granting and renewing licences.

Issuing identity cards to licensees.

Suspending and revoking licences.

Establishing and maintaining a register of licensees.

Specifying standards to be observed in the provision of security services.

Specifying qualifications or requirements for the granting of licences.

It sets down the requirements which contractors are expected to meet and maintain in order to comply with the licensing regulations of the Authority. One such requirement is compliance with relevant legislation. The Employment Regulation Order that’s in place for the sector falls into this category.

Employers that do not comply therefore with the terms of the Employment Regulation Order risk having their licenses suspended or revoked. If this were to happen then the employer concerned would no longer be able to legally operate in the Security Sector.