Written answers

Monday, 11 September 2017

Department of Jobs, Enterprise and Innovation

Employment Data

Photo of Niall CollinsNiall Collins (Limerick County, Fianna Fail)
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10. To ask the Minister for Jobs, Enterprise and Innovation the number of cases of bogus self-employment dealt with by WRC labour inspectors annually in each of the years 2014 to 2016 and to date in 2017, in tabular form. [36845/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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Ireland has a well-resourced and proactive labour inspectorate, which forms part of the Workplace Relations Commission (WRC).  Inspections are undertaken on the basis of risk analysis and as a result of complaints received.

Where the WRC inspection service receives complaints in relation to bogus self-employment or bogus sub-contracting they are forwarded to the Department of Social Protection (Scope Section) and/or to the Revenue Commissioners for investigation either solely by those bodies or jointly with the WRC.  Investigation of the employment status and the PRSI insurability of individuals is a matter for the Department of Social Protection. Complaints regarding the abuse of the sub-contracting or the Relevant Contracts Tax (RCT) system are solely a matter for the Revenue Commissioners. Thus, the WRC does not keep statistics in relation to complaints of bogus self-employment.

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 Office of the Revenue Commissioners, Department of Social and Family Affairs, Department of Enterprise, Trade and Employment, the Irish Congress of Trade Unions and the Irish Business and Employers Federation.

The WRC has statutory authority to share information with both the Revenue Commissioners and the Department of Social Protection.  Such information sharing takes place regularly between WRC inspectors and their counterparts in these bodies. In cases of mutual interest, joint operations and/or inspections may be carried out.  This exchange and sharing of information, together with the joint operations, is a valuable element of the inspection process and contributes to uncovering non-compliance in the areas covered by the relevant bodies.

The WRC provides information on employment, equality & industrial relations legislation, through the Workplace Relations Customer Service and Information Unit. It can be contacted at Lo-call: 1890 80 80 90 or via its website www.workplacerelations.ie.

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