Written answers

Thursday, 7 October 2021

Department of Enterprise, Trade and Employment

Employment Rights

Photo of Ivana BacikIvana Bacik (Dublin Bay South, Labour)
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169. To ask the Minister for Enterprise, Trade and Employment if his attention has been drawn to reports of mistreatment of vulnerable migrant workers in the Irish meat industry (details supplied); if his Department plans to engage with migrant workers to address these matters; and if he will make a statement on the matter. [48798/21]

Photo of Damien EnglishDamien English (Meath West, Fine Gael)
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Ireland has a comprehensive body of employment legislation, in respect of which the Workplace Relations Commission is mandated to secure compliance.

Ireland’s employment rights legislation protects all employees, including migrant workers, who are legally employed on a contract of service basis. This is specifically set out in Section 20 of the Protection of Employment (Part Time Work) Act 2001.

The maximum number of hours that an employee should work in an average working week, as set out under the Organisation of Working Time Act, is 48 hrs. Averaging may be balanced out over a 4, 6 or 12 month period depending on the circumstances

Where an individual believes they are being deprived of employment rights applicable to employees they may refer a complaint to the Workplace Relations Commission (WRC) where the matter can be dealt with by way of mediation or adjudication leading to a decision that is enforceable through the District Court. WRC inspectors can also be asked to investigate certain breaches. Complaints can be made on a single online complaint form available at the WRC’s website www.workplacerelations.ie.

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.. A revised code updated by an inter-departmental working group led by the Department of Social Protection in consultation with the social partners was published by the Minister for Social Protection in July 2021.

The Inspectorate Division of the WRC carries out inspections of employer records with a view to determining compliance with employment rights legislations. Between 2015 and end-2020 WRC Inspectors carried out 61 inspections of meat processing plants. Of these inspections, 48% (29 inspections) detected breaches of employment law (e.g. inadequate records, national minimum wage rates, working time, employment permits) and recovered almost €184,000 in outstanding wages.

Inspections may include joint inspections led by other Government Agencies (An Garda Síochána, Department of Social Protection and Revenue).

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