WHAT TO KEEP AN EYE OUT FOR…
Minister Nash Publishes Report On Zero Hour Contracts By University Of Limerick
The Minister for Business and Employment Ged Nash TD has recently published a report on “The Prevalence of Zero Hours Contracts among Irish Employers and their Impact on Employees” by the University of Limerick. The key findings of the report include:
The report also stated a lack of clarity around the employment status of those who work only "if and when hours". The key factors driving “if and when contracts are:
For Employers, the main advantages of “if and when” contracts are flexibility and reduced cost. Trade unions and NGOs argue there are significant negative impacts for workers on “if and when” hours including:
Recommendations suggested by the report include:
Minister Nash stated, “The independent study by UL has found that zero hour contracts are not extensively used in Ireland. However, it is worrying that the UL study suggests increasing use of “if and when” contracts that, when used inappropriately, drive precarious working conditions. These contracts can have the effect of undermining the protections afforded to workers on zero hour contracts, where they must be compensated for 25% or 15 hours of the time they had to make themselves available.”
“As part of my dignity of work agenda, I am determined to ensure that workers’ rights continue to be protected and upheld. If, as this study suggests, the law has not kept up with the modern day labour market then I will be recommending changes to Government.”
No Working Days Lost To Industrial Action During 3rd Quarter Of 2015
Data published by the CSO continues to show a downward trend of strike action taken in Ireland. The CSO reported zero days lost to strike action in the third quarter of the year i.e. the three months leading up to September. This figure of zero working days lost has not been seen in any quarter since the last three months of 2014.
The final quarter of 2015 has already seen strike action recently by Irish Rail, The first three months of 2015 saw more than 24,000 days lost, slightly less than for the four years of 2010-2013 combined, as four separate disputes in the education sector, involving nearly 28,000 workers took place.
According to the CSO, 32,848 days were lost in the first nine months of this year, compared to 19,238 for the same period last year. The education sector accounted for almost 73% of the total days lost during the nine months, recent CSO data reported.
8,000 Non-Teaching School Staff To Receive 10% Pay Rise
8,000 secretaries and caretakers in State-funded schools across the country are in line to receive 10% pay increase over the next four years. Under the new proposals, workers would see their minimum hourly rates increase from €10.25 to €13 an hour between 2016 and 2019.
Trade Union, Impact, have been seeking pay parity between secretaries and caretakers employed by boards of management in State-funded schools and those employed by the Department of Education.
It is understood more than half of these non-teaching staff are paid directly by schools through an ancillary grant. The staff concerned are in receipt of a variety of rates of pay, but virtually all are believed to receive amounts below the common pay scales of those paid directly by the Department of Education. The costs of the pay deal are due to be met through additional funding from the Department of Public Expenditure, in the event that agreement is reached on proposals.
The Minister for Business and Employment Ged Nash TD has recently published a report on “The Prevalence of Zero Hours Contracts among Irish Employers and their Impact on Employees” by the University of Limerick. The key findings of the report include:
- Zero hour contracts are not widely used in Ireland.
- Interestingly, there is substantial evidence of “if and when” contracts. While both types of contract involve non-guaranteed hours of work, workers on zero hours contracts are obliged to make themselves available for work- while those on “if and when” contracts are not contractually obliged to make themselves available for work.
The report also stated a lack of clarity around the employment status of those who work only "if and when hours". The key factors driving “if and when contracts are:
- The requirement for flexibility in demand-led services
- The absence of affordable childcare
- Some employers working around current employment legislation protections.
For Employers, the main advantages of “if and when” contracts are flexibility and reduced cost. Trade unions and NGOs argue there are significant negative impacts for workers on “if and when” hours including:
- Unpredictability of hours
- Difficulties in managing work and family life
- Unstable income and difficulties accessing financial credit
- Contracts that do not reflect the reality of the number of hours worked
- Insufficient notice when called to work
- A belief that Employees will be penalised for not accepting work offered
- Difficulties in accessing social welfare benefits.
Recommendations suggested by the report include:
- Employees should receive a written contract on the first day of their new job and not within 2 months in their position as is currently required under legislation.
- A contract should provide a statement of working hours which are a true reflection of those required.
- An Employer should give at least 72 hours’ notice of any request to undertake work, unless there are exceptional and unforeseen circumstances. If a worker undertakes extra hours without the minimum notice, they should be compensated at 150% of the rate they would ordinarily be paid.
- Employers should give a minimum of 72 hours’ notice of cancellation of hours. If workers do not get the minimum notice, they should be paid at their normal rate for the hours which were due to be worked.
- Regular reviews of these hours should be put in place so a contract reflects the reality of working hours.
Minister Nash stated, “The independent study by UL has found that zero hour contracts are not extensively used in Ireland. However, it is worrying that the UL study suggests increasing use of “if and when” contracts that, when used inappropriately, drive precarious working conditions. These contracts can have the effect of undermining the protections afforded to workers on zero hour contracts, where they must be compensated for 25% or 15 hours of the time they had to make themselves available.”
“As part of my dignity of work agenda, I am determined to ensure that workers’ rights continue to be protected and upheld. If, as this study suggests, the law has not kept up with the modern day labour market then I will be recommending changes to Government.”
No Working Days Lost To Industrial Action During 3rd Quarter Of 2015
Data published by the CSO continues to show a downward trend of strike action taken in Ireland. The CSO reported zero days lost to strike action in the third quarter of the year i.e. the three months leading up to September. This figure of zero working days lost has not been seen in any quarter since the last three months of 2014.
The final quarter of 2015 has already seen strike action recently by Irish Rail, The first three months of 2015 saw more than 24,000 days lost, slightly less than for the four years of 2010-2013 combined, as four separate disputes in the education sector, involving nearly 28,000 workers took place.
According to the CSO, 32,848 days were lost in the first nine months of this year, compared to 19,238 for the same period last year. The education sector accounted for almost 73% of the total days lost during the nine months, recent CSO data reported.
8,000 Non-Teaching School Staff To Receive 10% Pay Rise
8,000 secretaries and caretakers in State-funded schools across the country are in line to receive 10% pay increase over the next four years. Under the new proposals, workers would see their minimum hourly rates increase from €10.25 to €13 an hour between 2016 and 2019.
Trade Union, Impact, have been seeking pay parity between secretaries and caretakers employed by boards of management in State-funded schools and those employed by the Department of Education.
It is understood more than half of these non-teaching staff are paid directly by schools through an ancillary grant. The staff concerned are in receipt of a variety of rates of pay, but virtually all are believed to receive amounts below the common pay scales of those paid directly by the Department of Education. The costs of the pay deal are due to be met through additional funding from the Department of Public Expenditure, in the event that agreement is reached on proposals.