Written answers
Wednesday, 12 June 2024
Department of Enterprise, Trade and Employment
Employment Rights
Carol Nolan (Laois-Offaly, Independent)
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66. To ask the Minister for Enterprise, Trade and Employment to provide an update on the transposition of the EU Adequate Minimum Wage Directive and Article 4 on collective bargaining; and if he will make a statement on the matter. [25646/24]
Peter Burke (Longford-Westmeath, Fine Gael)
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The EU Directive on Adequate Minimum Wages was published on 19th October 2022 and must be transposed into Irish law by 15th November 2024. The Directive aims to ensure that workers across the European Union are protected by adequate minimum wages allowing for a decent living wherever they work.
The Directive includes three sets of measures:
1. To ensure minimum wages are set at adequate levels, the Directive also requires countries with statutory minimum wages, as in Ireland, to put in place clear and stable criteria for minimum wage setting, indicative reference values to guide the assessment of adequacy, and to involve social partners in the regular and timely updates of minimum wages.
2. The Directive provides for improved enforcement and monitoring of the minimum wage protection established in each country. The Directive introduces reporting by Member States on its minimum wage protection data to the European Commission.
3. One of the goals of the Directive is to increase the number of workers who are covered by collective bargaining on wage setting. It will require Ireland to have a framework of enabling conditions and develop an action plan to enhance collective bargaining coverage by the end of 2025.
My Department has received legal advice on the minimum wage elements of the Directive which is that Ireland’s current minimum wage setting framework, namely the Low Pay Commission, is largely already in compliance with the provisions of the Directive.
A technical group has been established with Department officials and the social partners to examine what is required to implement the collective bargaining elements set out in Article 4 of the Directive. My Department has also requested legal advice as to whether any legislative change is required in order to transpose this article into Irish legislation.
The European Commission's Expert Group Report on the transposition of the Directive, published last November, was clear that the design of the framework of enabling conditions and the content of the Action Plan is up to Member States, in consultation with the social partners.
The consideration of the recommendations of the LEEF Final Report on Collective Bargaining will also be an important input to our Action Plan.
Carol Nolan (Laois-Offaly, Independent)
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67. To ask the Minister for Enterprise, Trade and Employment the options available to employees where their employer, who is IDA supported, continues to ignore Labour Court recommendations; and if he will make a statement on the matter. [25648/24]
Emer Higgins (Dublin Mid West, Fine Gael)
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Ireland’s system of industrial relations is essentially voluntary in nature and responsibility for the resolution of industrial disputes between employers and employees rests in the first instance with the employer, the employees and their representatives. For its part, the State provides the industrial relations dispute settlement mechanisms to support parties in their efforts to resolve their differences.
The Labour Court is an independent statutory office under the aegis of my Department. The Labour Court deals with matters under industrial relations disputes and hears all appeals of Adjudication Officer’s decisions of the Workplace Relations Commission (WRC) in disputes arising under both industrial relations and employment rights enactments. Recommendations arising from the Labour Court are not legally binding. Therefore, the state cannot compel a party to comply with a recommendation.
While I would strongly encourage the parties to comply with Recommendations, the ultimate responsibility for the resolution of industrial disputes between employers and employees, rests with the employer, the employee and their representatives.
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