Written answers

Tuesday, 6 February 2018

Department of Employment Affairs and Social Protection

Labour Activation Programmes

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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594. To ask the Minister for Employment Affairs and Social Protection if a company engaged in employing a person through JobBridge, JobPath, community employment, Tús or a similar scheme is vetted to ensure it complies with employment and health and safety law; and if she will make a statement on the matter. [5748/18]

Photo of Regina DohertyRegina Doherty (Meath East, Fine Gael)
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The JobBridge Scheme closed in 2016.

JobPath is provided for long term unemployed jobseekers only; Jobseekers remain with the JobPath service for 52 weeks and if they are successful in finding work in that time, the JobPath service will provide in-work support for at least the first 13 weeks. While compliance with employment law is a matter for the employer, the JobPath customer can discuss any issues which might arise in the employment with their JobPath personal advisor.

Community Employment (CE) sponsoring organisations, as the legal employers of CE participants, are responsible for ensuring that all relevant health and safety requirements under the Safety, Health and Welfare Act 2005, and any subsequent enactments, are adhered to. Non-compliance with this legislation may be deemed non-compliance with the CE Agreement.

The implementation of TÚS is managed at a local level by local development companies and Údarás na Gaeltachta (implementing bodies), a total of 53 companies. The implementing bodies are responsible for all matters relating to employment and are recognised as the employer in all cases. They are responsible for indemnifications, supervision, discipline and ensuring that all relevant health & safety requirements are implemented and appropriate protective clothing and training is provided. Implementing bodies work with independent community sector organisations to identify work opportunities and develop work plans.

The Health and Safety Authority is the statutory body with responsibility for ensuring that workers and those affected by work activities are protected from work-related injury and ill-health.

As the participant is employed by the Sponsor and not this Department, they should in the first instance approach their Sponsor if they experience any issues relating to their scheme.

Sponsoring Organisations and implementing bodies are responsible for ensuring that all relevant health and safety requirements are adhered to. Non-compliance with this legislation may be deemed non-compliance with the CE or TÚS Agreement.

If the Deputy wishes to submit specific details of any particular case, I will have the position examined.

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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595. To ask the Minister for Employment Affairs and Social Protection if a service user engaged in JobBridge, JobPath, community employment, Tús or a similar scheme leaves the scheme early due to non-compliance with employment law and-or the conditions of the scheme, the provisions that are made for this situation in the way in which the person is dealt with by her Department; and if she will make a statement on the matter. [5749/18]

Photo of Regina DohertyRegina Doherty (Meath East, Fine Gael)
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The JobBridge Scheme closed in 2016.

JobPath is provided for long term unemployed jobseekers only; Jobseekers remain with the JobPath service for 52 weeks and if they are successful in finding work in that time, the JobPath service will provide in-work support for at least the first 13 weeks. While compliance with employment law is a matter for the employer, the JobPath customer can discuss any issues which might arise in the employment with their JobPath personal advisor.

Employers are responsible for ensuring that all relevant employment law requirements are adhered to. Non-compliance with this legislation may be deemed non-compliance with any agreement entered into by the department and the employer concerned.

My Department takes very seriously any allegations of failure to comply with the conditions of Community Employment (CE) and TÚS and investigates all complaints of which it is notified. My Department’s own control measures with respect to CE and TÚS are based on a combination of random monitoring visits/inspections of Sponsors and placement providers and the investigation of any complaints received.

As the participant is employed by the Sponsor or placement provider and not this Department, they should in the first instance approach their employer if they experience any issues relating to their scheme.

If the Deputy wishes to submit specific details of any particular case, I will have the position examined.

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