Written answers

Wednesday, 14 September 2022

Department of Enterprise, Trade and Employment

Employment Rights

Photo of Mick BarryMick Barry (Cork North Central, Solidarity)
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71. To ask the Minister for Enterprise, Trade and Employment the recourse that fishers have at the Workplace Relations Commission in cases in which Sunday pay, which is included in the standard Department of Justice-approved contracts for the atypical work permit scheme for non-EEA fishers is not honoured by employers (details supplied); and if he will make a statement on the matter. [44827/22]

Photo of Damien EnglishDamien English (Meath West, Fine Gael)
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The Workplace Relations Commission (WRC) is an independent statutory office 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.

I understand that Section 2(1) of the Organisation of Working Time Act 1997, incorporating Section 14 (Sunday entitlement), does not apply to those engaged in sea fishing. Notwithstanding, it is open to a fishing vessel owner to include a Sunday entitlement in employment contracts. In such circumstances where an Owner then fails to give this entitlement there may be scope to present a complaint to an Adjudication Officer of the WRC under Section 5 of the Payment of Wages Act 1991.

As the Deputy is aware, the Atypical Working Scheme (AWS) was established as a cross Departmental response to address the matter of non-EEA workers on certain categories of vessels in the Irish fishing fleet. The scheme provided, for the first time, a framework for the employment of non-EEA workers within defined segments of the Irish fishing fleet and was welcomed as a solution to the risk of exploitation and to guarantee employment rights and protections to non-EEA fishers availing of the scheme.

The Review of the AWS for Sea Fishers is a cross Departmental review with representatives from the Department of Agriculture, Food and the Marine, the Department of Justice and my Department. The cross-departmental group’s report remains under active consideration by the relevant Departments, with a view to bringing recommendations to Government in the near future. In the meantime, the Oversight Committee, chaired by the Department of Agriculture, Food and Marine continues to oversee the scheme as currently structured.

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