WHAT TO KEEP AN EYE OUT FOR…
Labour Bill aims to help Workers with ‘Uncertain Hours’
The Labour Party is to publish new legislation aimed at providing greater protection to workers with “uncertain hours” of work. Labour Senator and former business and employment minister Ged Nash has stated the Bill would give greater certainty and employment security for thousands of atypical workers in sectors such as hospitality, retail and the care sectors.
Mr Nash referred to a report drawn up by the University of Limerick last year which pointed to an evolution in employment relationships, with atypical and casual working arrangements – known as “if and when contracts” – concentrated in areas such as hospitality, retail and social care. “These arrangements are occurring at the edge or even outside of our existing laws,” he stated. “Women are particularly affected by this phenomenon. Some of these uncertain-hours practices have escaped Ireland’s suite of employment rights protections, such as the Organisation of Working Time Act. I believe workers are being exploited because of the deficits which currently exist.” Ged Nash further submitted that under such “if and when” arrangements, Organisations were under no obligation to provide work to workers and workers were under no obligation to accept it. However, Mr Nash said, if no mutual obligation existed, “then there is no enduring contract”.
Legislation
Mr Nash has submitted that his proposed new legislation would include:
Minister Breen requests the low pay commission to review the rates for
“Board and Lodgings” which are reckonable as part of the National Minimum Wage
Minister for Employment and Small Business Pat Breen T.D. recently requested the Low Pay Commission to review the rates for “board and lodgings” which are reckonable as part of the national minimum wage.
In determining an employee’s average hourly rate, certain reckonable components may be taken into account. For example, if an employer provides an employee with full board and lodgings, or lodgings only or full board only, a monetary allowance can be included as reckonable pay.
Under the National Minimum Wage Act 2000 (National Minimum Hourly Rate of Pay) Order 2000 (SI No. 95/2000) certain reckonable components may be taken into account for all workers to determine an employee’s average hourly rate. The Act provides for the following amounts:
Thus, if an employer provides an employee with full board and lodgings, or lodgings only or full board only, a monetary allowance can be included as reckonable pay.
The inclusion of this provision in the National Minimum Wage legislation was recommended by the Inter-Departmental Group on Implementation of a National Minimum Wage. It was the view of the Inter-Departmental Group at the time that the monetary value of the allowances for the purpose of the National Minimum Wage would not be at market value and would be similar to the amount permitted in the Employment Regulation Orders that existed at the time.
Labour Court Published Annual Report for 2015
The Minister for Jobs, Enterprise and Innovation Ms Mary Mitchell O'Connor T.D. recently presented the 2015 Annual Report of the Labour Court to Government and the Report was then laid before each House of the Oireachtas.
Highlights of the year:
The most important event affecting the court during the year under review was undoubtedly the passing into law of the Workplace Relations Act 2015, which was commenced by Ministerial Order on 1st October 2015. This Act will result in profound change in the Court’s caseload and in the profile of cases with which it deals. That will arise from the designation of the Court as the sole appellate tribunal in all equality and employment rights cases dealt with at first instance by Adjudication Officers of the Workplace Relations Commission.
Timescale for Hearings
The average timescale for hearings in Dublin is 13 weeks from the date of referral. Outside Dublin it is currently 16 weeks from date of referral. Delays, where they occur, are often caused by adjournments and the Court has adopted a policy of only postponing cases in the most exceptional of circumstances.
Number of Referrals
In 2015 the Court received 810 referrals under the various statutes within its jurisdiction. This compares to 849 received in 2014. This demonstrated a continuation of the decline in the number of referrals which has been experienced in recent years.
Industrial Relations Overview
The industrial relations environment in Ireland remained relatively stable in 2015. There were six disputes involving work stoppages during the year involving nine firms and 37,760 workers. The total number of days lost as a result of these work stoppages during the year was 32,964. This compares to 14 work stoppages resulting in a loss of 44,015 days lost in 2014.
Pay
During the year the Court dealt with a number of disputes involving claims by trade unions for increases in pay. These claims were made against the background of the relative improvement in the economy generally and in the economic and commercial circumstances of many employments. The approach of the Court was to recommend increases in pay where this was justified and sustainable, having regard to the circumstances of the employments concerned and the strength of the case advanced on behalf of the workers on whose behalf the claims were made.
The Labour Party is to publish new legislation aimed at providing greater protection to workers with “uncertain hours” of work. Labour Senator and former business and employment minister Ged Nash has stated the Bill would give greater certainty and employment security for thousands of atypical workers in sectors such as hospitality, retail and the care sectors.
Mr Nash referred to a report drawn up by the University of Limerick last year which pointed to an evolution in employment relationships, with atypical and casual working arrangements – known as “if and when contracts” – concentrated in areas such as hospitality, retail and social care. “These arrangements are occurring at the edge or even outside of our existing laws,” he stated. “Women are particularly affected by this phenomenon. Some of these uncertain-hours practices have escaped Ireland’s suite of employment rights protections, such as the Organisation of Working Time Act. I believe workers are being exploited because of the deficits which currently exist.” Ged Nash further submitted that under such “if and when” arrangements, Organisations were under no obligation to provide work to workers and workers were under no obligation to accept it. However, Mr Nash said, if no mutual obligation existed, “then there is no enduring contract”.
Legislation
Mr Nash has submitted that his proposed new legislation would include:
- New rules whereby periods of “lay-off” between fixed-term contracts would be deemed to represent continuity of service, rather than broken service;
- Where an employer registered an employee under the PAYE system, then the employee would be regarded as continuing in employment until the date specified in a notice to Revenue of cessation of employment ;
- Measures to include casual work in the calculation of continuous employment;
- An entitlement to request the employer to correct the employment terms so that the stated particulars of weekly hours of work reflected the pattern of work actually done a week in the previous six months;
- A Workplace Relations Commission complaints procedure to ensure fair and equitable application of cases under the legislation;
- An anti-victimisation measure protecting workers who invoke their rights under the legislation;
- An exemption from the legislation in cases where employers and trade unions have negotiated sectoral employment orders or registered employment agreements, or where an employment regulation order has been signed as the result of a Joint Labour Committee initiative.
Minister Breen requests the low pay commission to review the rates for
“Board and Lodgings” which are reckonable as part of the National Minimum Wage
Minister for Employment and Small Business Pat Breen T.D. recently requested the Low Pay Commission to review the rates for “board and lodgings” which are reckonable as part of the national minimum wage.
In determining an employee’s average hourly rate, certain reckonable components may be taken into account. For example, if an employer provides an employee with full board and lodgings, or lodgings only or full board only, a monetary allowance can be included as reckonable pay.
Under the National Minimum Wage Act 2000 (National Minimum Hourly Rate of Pay) Order 2000 (SI No. 95/2000) certain reckonable components may be taken into account for all workers to determine an employee’s average hourly rate. The Act provides for the following amounts:
- €54.13 for board and lodgings per week, or €7.73 per day;
- €32.14 for board only per week, or €4.60 per day;
- €21.85 for lodgings only per week, or €3.14 per day.
Thus, if an employer provides an employee with full board and lodgings, or lodgings only or full board only, a monetary allowance can be included as reckonable pay.
The inclusion of this provision in the National Minimum Wage legislation was recommended by the Inter-Departmental Group on Implementation of a National Minimum Wage. It was the view of the Inter-Departmental Group at the time that the monetary value of the allowances for the purpose of the National Minimum Wage would not be at market value and would be similar to the amount permitted in the Employment Regulation Orders that existed at the time.
Labour Court Published Annual Report for 2015
The Minister for Jobs, Enterprise and Innovation Ms Mary Mitchell O'Connor T.D. recently presented the 2015 Annual Report of the Labour Court to Government and the Report was then laid before each House of the Oireachtas.
Highlights of the year:
The most important event affecting the court during the year under review was undoubtedly the passing into law of the Workplace Relations Act 2015, which was commenced by Ministerial Order on 1st October 2015. This Act will result in profound change in the Court’s caseload and in the profile of cases with which it deals. That will arise from the designation of the Court as the sole appellate tribunal in all equality and employment rights cases dealt with at first instance by Adjudication Officers of the Workplace Relations Commission.
Timescale for Hearings
The average timescale for hearings in Dublin is 13 weeks from the date of referral. Outside Dublin it is currently 16 weeks from date of referral. Delays, where they occur, are often caused by adjournments and the Court has adopted a policy of only postponing cases in the most exceptional of circumstances.
Number of Referrals
In 2015 the Court received 810 referrals under the various statutes within its jurisdiction. This compares to 849 received in 2014. This demonstrated a continuation of the decline in the number of referrals which has been experienced in recent years.
Industrial Relations Overview
The industrial relations environment in Ireland remained relatively stable in 2015. There were six disputes involving work stoppages during the year involving nine firms and 37,760 workers. The total number of days lost as a result of these work stoppages during the year was 32,964. This compares to 14 work stoppages resulting in a loss of 44,015 days lost in 2014.
Pay
During the year the Court dealt with a number of disputes involving claims by trade unions for increases in pay. These claims were made against the background of the relative improvement in the economy generally and in the economic and commercial circumstances of many employments. The approach of the Court was to recommend increases in pay where this was justified and sustainable, having regard to the circumstances of the employments concerned and the strength of the case advanced on behalf of the workers on whose behalf the claims were made.
