Workplace Relations Commission

Wednesday, 25 September 2024

Questions (65)

Aengus Ó Snodaigh

Question:

65. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection if she is aware of the Workplace Relations Commission's recent ruling in the case of musician (details supplied) and its implications for the music sector; if she has discussed plans to address the specific issue of bogus self-employment in the music industry with the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, the Minister for Enterprise, Trade and Employment, or the Minister for Finance in the context of this ruling; and if she will make a statement on the matter. [38049/24]

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Written answers

Minister for Social Protection

It is important to emphasise that there are different statutory bodies in place that make determinations on employment status, all with distinct remits. My Department makes employment status decisions in relation to PRSI, the Office of the Revenue Commissioners makes decisions in relation to tax and the WRC determines employment status as a preliminary issue when adjudicating on employment rights issues.

My Department is currently working with the Revenue Commissioners and the Workplace Relations Commission to finalise a revised the 'Code of Practice for Determining Employment or Self-Employment'. The purpose of this document is to provide a clear understanding of employment status, taking into account current labour market practices and developments in legislation and caselaw. The Code aims to be of benefit to employers, employees, independent contractors and legal, financial and HR professionals. It is also aimed at investigators, decision-makers and adjudicators in the Department of Social Protection, the Office of the Revenue Commissioners, the WRC, their respective appeals bodies, and the courts.

I trust this clarifies matters for the Deputy.