Written answers

Thursday, 7 July 2022

Department of Enterprise, Trade and Employment

Workplace Relations Commission

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
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152. To ask the Minister for Enterprise, Trade and Employment the amount in unpaid wages that has been returned to workers following workplace investigations by the Workplace Relations Commission by sector, year and value of wages returned in each of the years 2011 to date in 2022, in tabular form. [36843/22]

Photo of Damien EnglishDamien English (Meath West, Fine Gael)
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The Workplace Relations Commission (WRC) is an independent, statutory body under the aegis of my Department. The WRC’s primary functions include the inspection of employment law compliance, the provision of information on employment law, mediation, adjudication, conciliation, facilitation, and advisory services. The WRC inspectorate subsumed the functions of the former National Employment Rights Authority (NERA) with the establishment of the Commission on 1 October 2015.

Inspections carried out by WRC Inspectors operate on a compliance model. This means that an inspector will work with the employer to ensure that the employer fulfils all their statutory obligations and that any outstanding wages or entitlements are given to workers.

Where an employer fails to comply, the inspector can use a range of statutory enforcement measures.

These are:

- Fixed Penalty Notice: An employer may be required to pay a fixed amount in respect of breaches of employment law (e.g., €1,500 in relation to failure to provide pay slips).

- Compliance Notice: These require employers to take specific action to remedy contraventions over a range of employment law and failure to comply with the notice could result in a prosecution.

- Prosecution: Employers can be prosecuted in relation to a range of contraventions, including failure to pay statutory national minimum wage rate, employment of foreign nationals without permission to work and failure to keep employment records as prescribed in law.

The Tables attached provide the amounts of unpaid wages returned to workers following workplace investigations by the WRC. The information is set out by sector and value of wages returned from 2011 to 30 June 2022.

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
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153. To ask the Minister for Enterprise, Trade and Employment the estimated cost of employing one additional Workplace Relations Commission inspector. [36844/22]

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
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154. To ask the Minister for Enterprise, Trade and Employment the estimated cost of employing ten additional Workplace Relations Commission inspectors. [36845/22]

Photo of Damien EnglishDamien English (Meath West, Fine Gael)
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I propose to take Questions Nos. 153 and 154 together.

The Workplace Relations Commission (WRC) is an independent, statutory body under the aegis of my Department, established on 1st October 2015 under the Workplace Relations Act 2015. The WRC’s primary functions include the inspection of employment law compliance, the provision of information on employment law, mediation, adjudication, conciliation, facilitation, and advisory services. WRC inspectors carry out inspections of employer records with a view to determining compliance with employment rights legislation.

The yearly cost of recruiting an executive officer inspector for the Workplace Relations Commission would be approximately €62,855 PPC. This is based on the calculation of staff costs as set out in the Public Spending Code. The code sets out that the cost should be based on the midpoint of the salary scale and include employer’s salary related PRSI, imputed pension costs and overheads e.g. ICT equipment, legal costs, travel and subsistence. WRC inspectors also qualify for an allowance of €8,779, bringing the cost of recruiting one inspector to approximately €71,634 per annum.

Using the same methodology, the cost of ten additional inspectors would be approximately €716,340.

My Department fully supports and continues to work closely with the WRC in monitoring its staffing and budgetary requirements. This includes anticipating future resource requirements to ensure that it is supported and adequately resourced to carry out its important work.

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal, Sinn Fein)
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155. To ask the Minister for Enterprise, Trade and Employment the number of inspections carried out by the Workplace Relations Commission in each of the years 2015 to date in 2022 by NACE sector; the number of breaches detected; the counties in which the breaches were detected; and the type of breaches detected in tabular form. [36846/22]

Photo of Damien EnglishDamien English (Meath West, Fine Gael)
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The Workplace Relations Commission (WRC) is an independent, statutory body under the aegis of my Department, established on 1st October 2015 under the Workplace Relations Act 2015. The WRC’s primary functions include the inspection of employment law compliance, the provision of information on employment law, mediation, adjudication, conciliation, facilitation, and advisory services.

Inspections carried out by WRC Inspectors operate on a compliance model. This means that an inspector will work with the employer to ensure that the employer fulfils all their statutory obligations and that any outstanding wages or entitlements are given to workers.

From January, 2019, the WRC has utilised a new inspection case management system which provides richer data generally and in term of sectoral reporting is based on NACE sector. Prior to 2019 a WRC sectoral reporting tool had been utilised. Table 1 sets out by NACE sector the number of inspections carried out by the WRC in each of the years 2015 to 30 June 2022. Table 2 sets out the number and the type of breaches detected in the period and Table 3 sets out the counties where the breaches were detected.

Table 1: Inspection cases concluded 2015-2022 by Sector

Sector 2015 2016 2017 2018 2019 2020
Agriculture 78 47 48 106 71 41
Construction 94 69 75 81 219 150
Contract Cleaning 29 24 18 22 41 48
Domestic Work 48 22 20 5 8 6
Electrical 8 5 6 11 12 18
Equine 54 45 19 13
Fisheries 9 95 40 47 64
Food & Drink 838 717 645 656 1,856 1,641
Hair & Beauty 100 89 79 121 375 466
Health 83 73 78 69 85 132
Hotels & Accommodation 75 89 55 64 188 144
Security 21 17 20 18 17 31
Transport 58 43 61 71 67 87
Education 30 29
Wholesale & Retail 416 295 258 363 1,049 3,941
Sports & Recreation 31
Manufacturing 79 45 38 48 53 222
Professional Services 124 126 124 218 85
Other Sectors 323 283 332 236 215 564
Not specified 2,811 2,877 2,741 3,579 421 4
TOTAL 5,185 4,830 4,747 5,753 4,804 7,686

Sector 2021 2022 (to 30 June)
Agriculture 57 24
Construction 71 40
Contract Cleaning 17 13
Electrical 4 1
Equine Activities 2 1
Fishing 28 15
Food Service Activities 763 653
Hair & Beauty 243 126
Hotels 38 39
Human Health & Social Work 75 31
Manufacturing 156 35
Security 16 9
Transport 60 22
Other Sectors 488 240
Wholesale & Retail Trade 2,414 614
TOTAL 4,432 1,863

Table 2: Number of Contraventions detected 2015-2022 by Type

Type 2015 2016 2017 2018 2019 2020
National Minimum Wage 269 292 409 503 143 88
Employment Permits 531 404 509 448 362 115
Protection of Young Persons (Employment) 5 11 12 15 157 68
Unauthorised deductions 102 65
Records 1,938 1,502 1,553 1,961 1,153 876
Sunday Compensation 76 199 274 248 142
Annual Leave & Public Holidays 98 321 450 927 520
Employment Agency 10 10 2 2 1
Terms of Employment 1 5 26 57 674 521
Payslips 149 113
Others 267 172
TOTAL 2,744 2,398 3,039 3,710 4,184 2,681

Type 2021 2022 (to 30 June)
National Minimum Wage 222 72
Employment Permits 191 112
Protection of Young Persons (Employment) 92 12
Unauthorised deductions 66 33
Records 1,040 925
Sunday Compensation 160 108
Annual Leave & Public Holidays 553 394
Employment Agency 2 1
Terms of Employment 657 460
Payslips 158 76
Others 265 104
TOTAL 3,406 2,297

Table 3: Number of Employers in Breach 2019-2022 by County

County 2019 2020 2021 2022 (to 30 June)
Antrim 0 0 1 1
Carlow 13 12 28 12
Cavan 9 21 39 30
Clare 27 19 33 17
Cork 17 39 27 48
Donegal 10 31 46 29
Down 1 0 0 0
Dublin 120 292 278 195
Galway 73 52 51 64
Kerry 15 28 11 15
Kildare 49 93 90 53
Kilkenny 16 23 31 15
Laois 16 25 31 11
Leitrim 11 4 14 4
Limerick 53 47 45 22
Longford 19 12 21 11
Louth 19 65 30 25
Mayo 33 36 44 13
Meath 29 70 57 21
Monaghan 13 32 22 23
Offaly 30 44 27 17
Roscommon 16 20 20 6
Sligo 8 6 17 10
Tipperary 28 65 59 50
Tyrone 1 0 1 0
Waterford 5 42 60 26
Westmeath 50 53 46 30
Wexford 58 83 67 20
Wicklow 50 80 53 21
Total 789 1294 1249 789

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