Cathal Crowe (Clare, Fianna Fail)
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167. To ask the Minister for Enterprise, Trade and Employment the plans that are in place to ensure that employers do not implement unpaid trial shifts in the workplace for potential staff members; and if he will make a statement on the matter. [46471/22]

Damien English (Meath West, Fine Gael)
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Ireland has a comprehensive body of employment, equality and industrial relations legislation with which the Workplace Relations Commission (WRC) is mandated to secure compliance. Ireland’s body of employment rights legislation protects all employees who are legally employed on an employer-employee basis, regardless of what title is given to them.

In relation to the issue of trial shifts, I would point out that there is no exemption under employment rights legislation, including the National Minimum Wage Act 2000, for such work trials. All hours worked, including those on trial, must be paid at the minimum wage or above. People on work trials are also covered by the Health, Safety and Welfare at Work Acts 2005 – 2014, which provide for safe working conditions as well as the Employment Equality Acts 1998 -2015, which provides against discrimination or harassment.

The right to receive the minimum wage cannot be waived in a contract as any provision in an agreement to do so is void as a matter of law. Failure to pay the national minimum hourly rate of pay is a criminal offence, punishable upon summary conviction, by a fine not exceeding €2,500 or imprisonment not exceeding 6 months or both.