Dáil Éireann Debate, Thursday - 23 May 2024
88. Deputy Ruairí Ó Murchú asked the Minister for Enterprise, Trade and Employment the work being carried out by his Department to combat bogus self employment in the building trade; and if he will make a statement on the matter. [23171/24]
Amharc ar fhreagraWhile the issue of false self-employment is complex, and debate often exists as to scale of the problem, there is consensus that it is important to tackle the issue where possible to prevent people being exploited across all sectors, including the building trade.
Ireland has robust mechanisms for the determination of the employment status and the Government is committed to tackling false self-employment wherever it occurs.
Where an issue arises in relation to the employment status of an individual, cases are forwarded to Revenue and/or the Department of Social Protection for investigation, either solely by the recipient, or jointly with the Labour Inspectorate of the Workplace Relations Commission. The WRC may also determine employment status as a preliminary issue at an adjudication hearing.
Following the Labour Employer Economic Forum (LEEF) Subgroup on Employment and Enterprise, in late 2021, a Working Group was formed to examine the issue of false self-employment, identify the real scale of the problem, get reliable data, and put all options on the table in an effort to bring the matter forward. This group is comprised of members from relevant Government Departments together with sectoral and social partner representatives and has undertaken open and constructive discussions concerning false self-employment and thorough consideration of material and evidence presented to the group.
Following the Supreme Court judgement in the Domino’s case, it is now proposed to reconvene the working group in the coming weeks, to consider the implications of that judgement for our employment laws.
The Code of Practice on Determining Employment Status, which is the key guidance document for employers and workers and others in relation to deciding the employment status, is currently being updated by officials in the Department of Social Protection, Revenue Commissioners, and Workplace Relations Commission
In addition, the broader issue of employment status may also be considered by the Employment Law Review Group post establishment.
