ANALYSIS:THE GOVERNMENT'S new employment Bill contains measures that will considerably strengthen the hand of the State and the new National Employment Rights Authority in securing compliance by employers with legislation on workers' rights, writes Martin Wall.
The publication of the long-awaited employment law compliance legislation yesterday by Minister for Enterprise and Employment Micheál Martin should also remove hurdles set by some trade unions for engaging in the forthcoming national pay talks. The country's largest union, Siptu, had warned that it would not take part unless this promised legislation was introduced.
The new Bill was broadly welcomed by the trade union movement yesterday, although some employers' groups had concerns.
However, another key employment rights measure being sought by unions - equal treatment for workers recuited through employment agencies - has effectively been left to be determined in the social partnership talks.
The Government has promised that under a second Bill, due shortly, agency workers will have to receive at least the minimum wage or the basic terms and conditions set out in registered agreements for specific sectors, where they apply. However, there is widescale disagreement between the social partners over how, or if, such measures should apply.
The Bill, published yesterday, will give legal effect to the commitments for improved employment rights compliance measures agreed by the Government and the social partners in the Towards 2016 national agreement.
Such legislation was high on the agenda for trade unions in the wake of the controversies involving Irish Ferries and Gama, the construction company accused of exploiting migrant workers.
Under the new Bill, the employment rights authority will be established on a statutory basis, inspectors will be given stronger powers including having greater access to premises, personnel and data. Inspectors will also be allowed to prosecute summary offences. Penalties for breaches of employment will also be increased significantly.
The Irish Congress of Trade Unions (Ictu), which broadly welcomed the Bill, said that the labour regulatory system had been unable to keep pace with developments after the opening of the country's borders to workers from the EU accession states in 2004. It said that between 2004 and 2006 a culture of impunity had developed.
The new Bill also contains measures to deal with legislative shortcomings identified by the Government in dealing with cases such as that of Gama. In that case, a report drawn up by inspectors appointed by the Department of Enterprise and Employment was quashed after it was legally challenged.
Speaking yesterday, Mr Martin said there had been some "celebrated cases" and that the new legislation would give the State far greater capacity in such situations than had been available to access records and qualified privilege relating to subsequent reports into companies. Under the new Bill, for example, inspectors' reports will be exempt from defamation actions, making publication easier.