Written answers

Tuesday, 18 October 2022

Department of Enterprise, Trade and Employment

Employment Rights

Photo of Marc Ó CathasaighMarc Ó Cathasaigh (Waterford, Green Party)
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163. To ask the Minister for Enterprise, Trade and Employment the steps that his Department has taken to transpose EU Directive (EU) 2019/1152 on Transparency and Predictability of Working Conditions, due to be transposed into Irish law on 2 August 2022; when he expects that work to be completed; and if he will make a statement on the matter. [51139/22]

Photo of Damien EnglishDamien English (Meath West, Fine Gael)
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EU Directive 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union aims to improve working conditions by promoting more transparent and predictable employment while ensuring labour market adaptability.

It repeals Directive 91/533 EEC on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship. It provides instead for more complete information on the essential aspects of the work to be received by the worker in writing at the beginning of the employment relationship. It also includes a new chapter on minimum requirements relating to working conditions providing completely new material rights for the workers in the European Union. The Directive will be transposed in Ireland by secondary legislation under the European Communities Act 1972.

There are a number of new elements introduced by this Directive that are legally complex. This has prolonged the drafting process and as a consequence, the deadline for transposition of 1st August was not met. However, it is important to note that Ireland pre-empted many provisions of the Directive with the Employment (Miscellaneous Provisions) Act 2018.

The 2018 Act has already introduced anti-penalisation provisions, stronger penalties for non-compliance, restriction of zero hours contracts and the provision of more precise information on hours of work and other core terms of employment to employees at an earlier stage in the employment relationship.

My officials are intensively engaging with the Office of the Attorney General to ensure that transposing Regulations can be finalised at the earliest opportunity possible this year.

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