Robert Troy (Longford-Westmeath, Fianna Fail)
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227. To ask the Minister for Employment Affairs and Social Protection if she will re-examine the employment Bill 2017 (details supplied); her views on whether the increased threat of criminal prosecution to employers in this Bill is appropriate; and if she will make a statement on the matter. [40366/18]

Regina Doherty (Meath East, Fine Gael)
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In relation to the criminal sanction, the Employment (Miscellaneous Provisions) Bill 2017 introduces an offence for an employer who fails to provide the statement of five core terms of employment required within one month of commencement of employment. It will also be an offence for an employer who deliberately or recklessly provides false or misleading information to an employee as part of this statement of core terms of employment. It is important to state that the Bill also provides for appropriate defences for employers.

The purpose of creating this offence provision is to promote better work practices and provide greater clarity around the essential elements of the employment relationship for both the employer and the employee. At the start of the employment relationship, every employee should be entitled to know basic information such as who his/her employer is, how much s(he) will get paid and what the employer reasonably expects the normal length of the working day and working week will be. I genuinely believe that it should not be difficult for employers to provide this information.

Following a public consultation, the Government decided the core terms of employment that should be provided to employees very early in the employment relationship – on or by Day Five. The remainder of the required terms of employment will continue to be provided within the current two month period. If the employer still has not provided the statement of core terms after a month of employment it will become an offence.

However, prosecution will be the ultimate sanction. The WRC will first seek the compliance of the employer on a voluntary basis. Furthermore, the Bill also provides for fixed payment notices as an alternative to prosecution and such notices may be issued by WRC inspectors in lieu of prosecution for less egregious offences.

In relation to the proposal to require employers to offer any surplus hours to existing part-time employees, I should point out that this provision was included in the Bill as a result of an opposition amendment introduced at Committee Stage. Several employer representative bodies raised difficulties that could arise if this provision remained part of the Bill. I introduced an amendment at Report Stage to have the provision deleted from the Bill and this amendment was passed by the Dáil.

The Bill completed Report and Final Stage in the Dáil on 12th July 2018. However, I am concerned that the Bill as amended at Report Stage in the Dáil includes provisions which have the potential to significantly delay the progress of the Bill. This is because one opposition amendment in particular, which deals with false self-employment, could have far reaching implications for a broad range of stakeholders and needs to be subject to a thorough scrutiny and consultation process.