The Employment Rights Compliance Bill 2008
The Employment Law Compliance Bill 2008 was published in March 2008. The primary objective of the Bill is to completely overhaul the State's employment rights framework.
Announcing the measures, the Minister for Enterprise, Trade and Employment, Mr Michael Martin TD said:
"this Bill will modernise the labour inspectorate, strengthen enforcement of employment rights and work permits, promote greater compliance in the workplace and increase the penalties for those who seek to gain advantage by denying employees their entitlements".
The Bill comprises of eight parts (66 sections) and five Schedules - the main provisions of the Bill as currently drafted are:
- To establish a National Employment Rights Authority ("NERA") within the Department of Enterprise Trade and Employment on a statutory basis, including appointment by the Minister, Michael Martin, of the Director and a tripartite Advisory Board;
- To strengthen inspection and enforcement powers and make other necessary provisions to secure compliance with employment legislation in line with "state-of-the-art" provisions in revenue, social welfare, consumer protection, etc., legislation;
- To empower labour inspectors in NERA to examine employment permits, prosecute offences and to conduct investigations jointly with other agencies including the Revenue Commissioners, Social Welfare inspectors and An Garda Síochána;
- To provide for greater penalties for offences arising under employment law - in most cases up to €5,000 and/or 12 months' imprisonment for summary offences and €250,000 and/or 3 years' imprisonment for indictable offences;
- To foster increased co-operation at workplace level so as to safeguard employment rights;
- To support and enhance monitoring and inspection activity in relation to compliance with the Registered Employment Agreement in the electrical contracting industry;
- -To strengthen the powers of the Minister for Enterprise, Trade and Employment to initiate investigations and publish the outcome in cases of public interest.
There are many other significant powers in the Bill, including a new complaint of penalisation of an employee which may be made to the Rights Commissioner, who may then award up to two years remuneration if an employer is found guilty.
For further information
If you would like to set up a consultation with an Employment Law Solicitor please contact Malcomson Law by calling 01 8744422.