Written answers

Tuesday, 22 February 2022

Department of Enterprise, Trade and Employment

Equal Opportunities Employment

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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103. To ask the Minister for Enterprise, Trade and Employment the extent to which he remains satisfied that the public and private sectors in Ireland have adequate access to work opportunities under European Union single market standards; and if he will make a statement on the matter. [9943/22]

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 Employees (Part Time Work) Act 2001.

The evolution of the main elements of labour law in Ireland relating to employment rights, employment protection and non-discrimination, reflects, at the national level, a strong focus on the enactment of legislation based on clearly identified needs, in addition to those arising from wider European Union developments.

A "posted worker" is an employee who is sent by his/ her employer to carry out a service in another EU Member State on a temporary basis. Council Directive 96/71/EC defines a posted worker as a ‘person who, for a limited period of time, carries out his or her work in the territory of an EU Member State other than the State in which he or she normally works’. If an Irish worker is posted to another EEA country they are protected under this directive, which was transposed into Irish Law by the Protection of Employees (Part Time Work Act) 2001.

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.

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