Maeve O'Connell (Dublin Rathdown, Fine Gael)
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416. To ask the Minister for Enterprise, Trade and Employment if he will report on their Department’s work to reform the employment conditions of those working in the gig-economy. [17181/25]

Alan Dillon (Mayo, Fine Gael)
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I am responsible for overseeing a robust suite of employment rights legislation that protects all workers. Employment rights legislation, including the National Minimum Wage, Payment of Wages, Organisation of Working Time, Employment Equality Acts, Health and Safety, Terms of Employment (Information) Act and Unfair Dismissals Act (in certain circumstances), apply for all employees and employers, are responsible for ensuring that their employees receive the protections afforded to them under employment legislation.

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 (i.e. fixed-term employees may not be treated less favourably than comparable permanent employees). The Act transposes EU Directive 1999/70/EC concerning the Framework Agreement on Fixed-term Work into Irish law.

The Act also provides for the establishment of a framework to prevent abuse arising from the use of successive fixed-term employment contracts. If an employee has worked on two or more fixed term contracts, the combined duration of the contracts is limited to a maximum of four years. After this, if the employer wishes the employee to continue in its employment, the contract will be deemed to be on the basis of a contract of indefinite duration unless the employer has objective grounds for renewing the contract of employment again on a fixed-term basis.

Robust mechanisms exist within the State for the determination of the employment status of individuals or groups. A revised ‘Code of Practice on Determining Employment Status’ was published in October 2024 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 recent labour market developments, including platform work and the October 2023 Supreme Court ruling in relation to Domino’s pizza delivery drivers.

The Improving Working Conditions in Platform Work Directive entered into force on 1 December 2024. EU Member States have until 2 December 2026 to transpose the Directive into national law.

The Directive is complex and wide ranging. It seeks to ensure people working though digital labour platforms have the correct legal employment status that corresponds to their actual working arrangements, enabling them to benefit from the employment rights they are entitled to. It also aims to regulate the use of algorithms in human resources management within platform work, ensuring transparency and the right for workers to contest automated decisions.

Work on transposition, including attendance at EU Official Expert Group on the Transposition of the Directive, has commenced. Department of Enterprise, Trade and Employment Officials will now consult with key stakeholders, including several Government Departments, to consider necessary transposition measures.

The Workplace Relations Commission is an independent body set up to adjudicate in individual cases. If an employee has a query about their employment status or believe they may not be receiving all of the protections they are entitled to, the WRC is there to help, through the provision of information as well as an adjudication service. The WRC also operates a labour inspection service to ensure compliance with employment legislation.