Written answers

Thursday, 10 September 2020

Department of Trade, Enterprise and Employment

Employment Rights

Photo of Jackie CahillJackie Cahill (Tipperary, Fianna Fail)
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54. To ask the Minister for Trade, Enterprise and Employment if a refund will issue for an employment permit (details supplied); and if he will make a statement on the matter. [23077/20]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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The Employment Permits Section of my Department inform me that on 1st November 2019 a General Employment Permit application was received in respect of the named person (details supplied). On 20th February 2020, a General Employment Permit issued in respect of the person concerned.

Under the Covid-19 Employment Permits Contingency Arrangements, published by my Department on 30th March 2020, a 100% refund may be granted in cases where an application is withdrawn in advance of a decision being taken on it. However, the current employment permits legislation does not provide for a refund after an employment permit has issued, such as in this instance.

The issue of refunds is being considered in the context of the development of the new Employment Permit (Consolidation and Amendment) Bill.

Further information in relation to the contingency arrangements introduced by Employment Permits Section in response to the pandemic can be accessed on my Department through the following link: .

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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55. To ask the Minister for Trade, Enterprise and Employment if he will clarify matters raised in correspondence (details supplied) in regard to workers being required by their employer to travel to work via public transport; and if he will make a statement on the matter. [23083/20]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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The national Return to Work Safely Protocol, introduced in May, is designed to support employers and workers to put measures in place that will prevent the spread of COVID-19 in the workplace. The Protocol sets out in very clear terms for employers and workers the steps that should have been taken before a workplace reopens, and as it continues to operate. It can be used in all workplaces in adapting procedures and practices to ensure compliance with the COVID-19 related public health protection measures identified as necessary by the HSE.

As with other matters relating to the health and safety of employees, the responsibility for deciding what essential work may require attendance at the workplace, and what work can be carried out at home remains with the employer, bearing in mind the public health advice that where possible employees should work remotely. In instances where employees have returned to the physical workplace the employer must ensure that the public health measures set out in the national Return to Work Safely Protocol are being adhered to.

Separately any employee can contact the Health and Safety Authority’s Workplace Contact Unit (WCU) for detailed advice relating to the national Return to Work Protocol. The WCU can be contacted by phone at Lo-call 1890289389 (landline) or (01) 6147000 or by email at wcu@hsa.ie.

The use of public transport is subject to specific public health measures to assist in the prevention of the spread of the COVID-19 virus and it is advised that any worker using public transport to attend their place of work follow these public health advices.

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