Gary Gannon (Dublin Central, Social Democrats)
Link to this: Individually | In context | Oireachtas source

82. To ask the Minister for Enterprise, Trade and Employment if he is aware of reports of alleged improper redundancies and contract downgrading at a language school in Dublin 1 (details supplied); the enforcement mechanisms available to ensure that redundancies are not used to circumvent employment law or union engagement; and if he will make a statement on the matter. [17780/25]

Alan Dillon (Mayo, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Firstly, my thoughts are with all workers facing potential redundancy and I understand this is very difficult time for those involved. Correspondence from an employee of this employer was received by the office of my colleague, Minister Burke, on 2 April.

Ireland has a robust framework of legislative protections and supports for workers who are impacted by redundancy. The Protection of Employment Act 1977 defines collective redundancies as situations where, during any period of 30 consecutive days, the number of redundancies is:

• 5 or more employees, where 21-49 are normally employed in an establishment
• 10 or more employees where 50-99 are normally employed in an establishment
• 10% or more of the employees where 100-299 are employed in an establishment
• 30 or more employees where 300 or more are employed in an establishment

Employees with more than one year’s service are also protected under the Unfair Dismissals Acts 1977 – 2015.

The Workplace Relations Commission is the organisation which is mandated to secure compliance with employment rights legislation. Employees have the right to refer complaints to the WRC on a wide range of employment law breaches for an adjudication and compensation where appropriate. This includes if an employer has failed to consult with or provide certain information to the employees’ representatives. An employee can also refer a complaint if they are dismissed before the expiry of the 30-day period following notification to the Minister.

If an employee disputes that a genuine redundancy exists, or if they believe they were unfairly selected for redundancy, they may also make a complaint to the WRC under unfair dismissals legislation. In general, complaints to the WRC must be made within six months of the alleged breach.

Gary Gannon (Dublin Central, Social Democrats)
Link to this: Individually | In context | Oireachtas source

83. To ask the Minister for Enterprise, Trade and Employment if he is aware of concerns that new teachers at a school (details supplied) are being hired on contracts below a living wage; the measures the Government is taking to address low pay and precarious employment in the English language teaching sector; and if he will make a statement on the matter. [17782/25]

Peter Burke (Longford-Westmeath, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Government is committed to fair wages for all workers. The National Minimum Wage increased to €13.50 per hour on 1st January 2025, an increase of over 6% which is ahead of projected wage growth across the economy.

The substantial increases in the National Minimum Wage over the last few years show Government’s continuing commitment to fair wages for the lowest paid workers in our economy. The Programme for Government includes the commitment that this Government will recognise the work of the independent Low Pay Commission, ensuring fair wages whilst also supporting the viability of small and medium-sized enterprises.

In November 2022, Government announced that a national living wage would be introduced and set at 60% of hourly median wages, in line with the recommendations of the Low Pay Commission.

The Government is committed to ensuring a balance between a fair and sustainable rate for low paid workers, and one that will not have significant negative consequences for employers and competitiveness.

The National Minimum Wage is the lowest average hourly rate that can be paid by an employer to an employee. There are a number of exceptions to the requirement to pay the National Minimum Wage. The Act does not apply to:

(a) a person who is a close relative of the employer

(b) a person taking part in a statutory apprenticeship, or to

(c) Non-commercial activity or work engaged in by prisoners under the supervision of the governor or person in charge of the prison concerned.

Lower, or sub-minimum rates of the National Minimum Wage can also be paid to employees aged 19 and under.

The Workplace Relations Commission can investigate situations where the entitlement to the statutory minimum hourly rate of pay is not provided.

The Workplace Relations Commission (WRC) is an independent statutory body under the aegis of my Department. The WRC’s primary functions include the inspection of employment law compliance, the provision of information on employment law, mediation, adjudication, conciliation, and advisory services.

The National Minimum Wage Act 2000 is enforced by WRC Inspection Services. This includes the following obligations: entitlement to statutory minimum hourly rate of pay, records to demonstrate compliance with the NMW Act and Statement of average hourly rates of pay.

As part of its functions in this area, WRC Inspectors carry out announced and unannounced inspections at employer premises with a view to determining compliance by employers with employment law in the State and to ensure that employees are receiving their statutory entitlements. In the vast majority of such cases, compliance by the employer is achieved without the need for prosecution.

The Deputy raises an important point about pay in the English language education sector. A Joint Labour Committee (JLC) was established for the English language education sector under the remit of the Labour Court in December 2019. A JLC is composed of equal numbers of representatives of employers and workers in a given employment sector with an independent chairman. The Committee meets to discuss and agree proposals for terms and conditions to apply to specified workers in the sector concerned. The agreed terms and conditions may be given effect in law by means of Employment Regulation Orders made under the Industrial Relations Acts. I believe that JLCs provide an important opportunity for employers and workers to negotiate wages and terms of employment. I would encourage bodies representing both employers and employees in this sector to engage with the JLC process and to comprehensively address all aspects of the working conditions and pay of employees in English language schools.

Finally, and in relation to precarious employment, Ireland has a comprehensive body of employment rights legislation which protects all workers. The Employment (Miscellaneous Provisions) Act 2018 www.irishstatutebook.ie/eli/2018/act/38/enacted/en/print.html amended Section 18 of the Organisation of Working Time Act 1997 (OWTA) to prohibit zero-hour contracts except where the work is carried out in emergency circumstances or short-term relief. The 2018 Act also amended the OWTA to provide employees with a statutory entitlement to a ‘Banded Hours’ contracts in certain circumstances. The 2018 Act enables employees, whose contracts do not reflect the reality of the hours actually worked, to be placed into an appropriate specified band of weekly working hours. The employer must determine the appropriate band on the basis of the average number of weekly hours worked over a 12-month reference period. Additionally, the Protection of Employees (Part-Time Work) Act, 2001 provides protections for part-time workers, including that a part-time employee shall not, in respect of his or her conditions of employment, be treated in a less favourable manner than a comparable full-time employee.

Gary Gannon (Dublin Central, Social Democrats)
Link to this: Individually | In context | Oireachtas source

84. To ask the Minister for Enterprise, Trade and Employment the recourse available to employees of private language schools when their employer refuses to engage with their union, and engages in practices such as changing contractual terms unilaterally or penalising workers for non-compliance; and if he will make a statement on the matter. [17784/25]

Gary Gannon (Dublin Central, Social Democrats)
Link to this: Individually | In context | Oireachtas source

85. To ask the Minister for Enterprise, Trade and Employment the number of complaints received by the Workplace Relations Commission regarding late or non-payment of wages in the English language teaching sector in the past 12 months; and if any investigations are underway in relation to a school (details supplied); and if he will make a statement on the matter. [17786/25]

Alan Dillon (Mayo, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Workplace Relations Commission (WRC) is an independent statutory body under the aegis of my Department. The WRC’s primary functions include the inspection of employment law compliance, the provision of information on employment law, mediation, adjudication, conciliation, and advisory services.

The WRC does not compile dis-aggregated statistics in relation to the number of complaints received within the English language teaching sector. However, the WRC received a total of 12 complaints within the Education sector during the period from 01/04/2024 to 31/03/2025. Inspection activity within this sector during this period resulted in the recovery of € €7,758 in unpaid wages to employees.

The WRC does not comment on inspections carried out by the inspectorate. Any WRC inspection activity which results in enforcement through the courts would be a matter of public record.

The WRC adjudication service does not comment on specific cases that are in progress. Decisions of the WRC adjudication service are normally published on the WRC website approximately 14 days after the decision has been notified to the parties.

If an employee believes that their employer has breached any of the employment law statutes, then they may refer a complaint to the WRC. Complaints should be made using the online complaint form available on workplacerelations.ie.