Unions critical of Sunday work code

A new code of practice designed to form the basis of agreements between employers and employees for Sunday working in the retail trade was announced yesterday by the Minister for Labour Affairs, Mr Tom Kitt.

The code was immediately criticised by trade union leaders, who said that as it was not a legislative measure employers could ignore its recommendations without fear of civil or criminal proceedings. They said it did not go far enough in protecting workers faced with compulsory Sunday working.

According to the Minister, the code is designed to ensure that employees get fair treatment in the number of requests by employers for work on Sundays, and that agreed working arrangements are put in place between workers and employers to deal with questions relating to Sunday working and rates of pay.

The code also provides for complaints to be made to a rights commissioner, with an appeal to the Labour Court. Provision is also made for workers to opt into Sunday working as part of a normal roster, and for workers to be allowed Sunday working in addition to their usual week's work in the busy pre-Christmas period.

Mr Kitt said the code was in response to public concerns about Sunday working, and he had been determined to address the issue since taking office. It would, if given a chance, ensure that workers were paid and treated properly.

"The code of practice is a significant development in that it provides for the first time a formulation acceptable to retail workers and to their employers to guide operating workplace practices regarding Sunday working arrangements," he said.

Mr Owen Nulty, the general secretary of Mandate, which represents retail workers, said his union had hoped for more consultation before the Minister launched his code. He said Mandate had made submissions to the Labour Relations Commission and to the Minister, but had failed to reach agreement with the employers on the issue.

"We felt that perhaps further discussions would be taking place as we were not convinced that a code of practice was the best way to proceed. We were somewhat taken aback by the launch."

Mr Nulty said the code involved "an element of begging" in that workers with more than two years' service could opt out of Sunday working for urgent, family or personal reasons after giving adequate notice to the employer.

He said the time qualification was disappointing as only between a quarter and a third of workers remained in the retail trade. The rest left after a few months.

He was also critical of the lack of a mandatory penalty for employers. The general president of SIPTU, Mr Jimmy Somers, said he was disappointed by the code of practice. "It is not our preferred way of dealing with it. We would have preferred legislation. A code of practice is only voluntary."

Mr Somers said SIPTU had sought to limit as far as possible compulsory working on Sundays.

"We are the only country in Europe that does not have legislation to protect workers in this area," he said.

On the operation of the code, Mr Somers said it should run for a limited period with careful monitoring to see if it was working to protect the people it was supposed to protect.