Michael Ring (Mayo, Fine Gael)
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93. To ask the Minister for Enterprise, Trade and Employment the situation regarding possible redundancy entitlement for a seasonal worker (details supplied); and if he will make a statement on the matter. [35807/21]

Damien English (Meath West, Fine Gael)
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The provisions relating to seasonal workers and redundancies are set out in the Redundancy Payments Act 1967. Seasonal employees may build up the requisite service required for statutory redundancy notwithstanding that they may work only for a number of months in the year.

In the case of seasonal workers who are laid off for an average period of more than twelve weeks per year prior to redundancy, the provisions relating to lay-off will not apply until the end of that average period. Therefore, there will normally be no question of redundancy until the usual commencement time of an employee’s seasonal work. If an employee is not then re-employed, the question of redundancy arises, but not until then.

Currently, an employee’s entitlement to claim redundancy from their employer following certain periods of lay-off or short time work due to Covid-19 is temporarily suspended by the emergency provision, Section 12A of the Redundancy Payments Act 1967. This suspension has recently been extended to 30 September 2021.

This decision to extend the provision was a difficult one for Government to make. However, as the public health situation is not yet resolved and restrictions are being eased on a gradual basis, many businesses will continue to be impacted by restrictions for some period of time.

Reinstating the entitlement for employees to claim redundancy before the end of September 2021 would have a serious impact on the potential for a business to recover and push many into insolvency situations, exacerbate employment losses and delay economic recovery.

The Workplace Relations Commission (WRC) is the organisation mandated to secure compliance with employment rights legislation. The WRC’s Customer Service and Information Unit can provide workers with further information on their employment rights and their employer’s obligations in respect of redundancy.

I understand the Tánaiste’s office issued a detailed response in relation to this matter to the Deputy this week.