Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
Link to this: Individually | In context | Oireachtas source

33. To ask the Minister for Enterprise, Trade and Employment if he is intending any further legislative changes or measures to address the problem of employment insecurity and lack of service recognition for workers in the gig economy or in sectors characterised by project-to-project work, such as the film industry; and if he will make a statement on the matter. [30468/24]

Emer Higgins (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

This Government has a very strong record of strengthening and introducing new employment rights. The Government has recently introduced or progressed a series of measures with the aim of improving working conditions in Ireland. These measures are an important part of building an inclusive economy – particularly one that is attractive to highly mobile labour and skills. These measures include the right to request remote work, sick pay legislation, equality legislation and the introduction of an additional bank holiday.

Ireland has a comprehensive body of employment, equality, and industrial relations legislation, which offers the same protections to all employees legally employed under a contract of employment. All employers, regardless of sector, are responsible for ensuring that their employees receive all the protections afforded them under employment legislation.

As the Deputy notes, work in some sectors is often project based, with workers typically hired on fixed-term contracts for the duration of a project. The Protection of Employees (Fixed-Term Workers) Act 2003 provides for the improvement of the quality of fixed-term work by ensuring the application of the principle of non-discrimination and provides for the establishment of a framework to prevent abuse arising from the use of successive fixed-term employment contracts. Section 9(5) of the Act provides that the First Schedule to the Minimum Notice and Terms of Employment Acts 1973 to 2001 applies for the purpose of ascertaining an employee’s period of service and whether that service has been continuous.

If a fixed-term employee feels that they are being treated less favourably as regards any conditions of employment than a comparable permanent employee, or if they consider that they are entitled to a contract of indefinite duration and their employer refuses to provide this, it is open to them to bring a complaint to the Workplace Relations Commission (WRC).

Robust mechanisms exist for the determination of the employment status of individuals or groups. A revised ‘Code of Practice on Determining Employment Status’ was published in July 2021 by the Minister for Social Protection. The Code is the key guidance document for employers and workers and others in relation to deciding the employment status of a worker. It was revised to take account of newer labour market developments, including platform work. Work is underway between the Department of Social Protection, Revenue Commissioners, and Workplace Relations Commission to review and update the Code considering the October 2023 Supreme Court ruling in relation to delivery drivers for Dominos. Indeed, the Determination of Employment Status Working Group is meeting today, 11 July, to progress the issue.

Moreover, the EU Directive on Platform Work seeks to enable people working though digital labour platforms to have the correct legal employment status that corresponds to their actual working arrangements, enabling them to benefit from any labour rights to which they are entitled. The text of the agreement must now be formally adopted, after which Member States will have two years to incorporate the provisions of the Directive into their national legislation.

Lastly, the Employment Law Review Group, once established, will provide independent advice to me as Minister through its agreed work programme on matters relating to employment and redundancy law.