Written answers

Thursday, 10 February 2022

Department of Enterprise, Trade and Employment

Employment Rights

Photo of Imelda MunsterImelda Munster (Louth, Sinn Fein)
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44. To ask the Minister for Enterprise, Trade and Employment his views on the current state of pay and conditions for workers in the tourism and hospitality sector; his plans to examine this matter; and if he will make a statement on the matter. [7020/22]

Photo of Damien EnglishDamien English (Meath West, Fine Gael)
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Rates of pay and conditions in a given sector are primarily a matter for its workers and employers. In relation to the Hotel and Catering (restaurants and pubs) sectors, there are established Joint Labour Committees (JLC) in place. A JLC is composed of equal numbers of representatives of employers and workers in an employment sector with an independent chairman. The Committee meets to discuss and agree proposals for terms and conditions to apply to specified grades or categories of workers in the sector concerned. If agreement is reached on terms and conditions, the JLC publishes the details and invites submissions from interested parties.

Employment Regulation Orders (EROs) are drawn up by JLCs and set the minimum rates of pay and conditions of employment for workers in a specified business sector. To become an ERO, the proposals drawn up by the JLC must be adopted by the Labour Court and an Order giving them statutory effect must be made by the Minister for Enterprise, Trade and Employment. If an ERO is put in place employers are then obliged to pay wage rates and provide conditions of employment to workers that are not less favourable than those set out in the Order.

The constitution and proceedings of JLCs is set out in the Fifth Schedule to the Industrial Relations Act, 1990. The Minister with responsibility for JLCs has no function in the determination of the terms of EROs which under legislation is a matter solely for the relevant JLC and the Labour Court. The role of the Minister of the day - provided that she or he is satisfied that the Labour Court has followed due process - is to approve an Order giving effect to any recommendation.

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