Tuesday, 10 March 2009
Dáil Eireann Debate
118. Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment if contractors based in Northern Ireland whose employees are resident in Northern Ireland are bound by REA and ERO pay rates, terms and conditions when the work (details supplied) is undertaken here; and if she will make a statement on the matter. [10177/09]
Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher): Ireland’s comprehensive body of employment rights legislation, including the terms and conditions set out in Registered Employment Agreements and Employment Regulation Orders, apply to all workers employed in the State.
For the avoidance of doubt, Section 20 of the Protection of Employee’s (Part-Time) Work Act, 2001 provides that all employee protection legislation applies to a person, irrespective of his or her nationality or place of residence, who has entered into a contract of employment that provides for his or her being employed in the State or who works in the State under a contract of employment.
Section 20 of the 2001 Act also provides that all employee protection legislation on the Statute Book in Ireland applies to workers posted to work in Ireland in line with Directive 96/71/EC of the European Parliament and Council of 16 December 1996. A posted worker is defined in the Directive as “ a worker who, for a limited period, carries out his work in the territory of a Member State other than the State in which he normally works.”
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