Employment Rights Compliance Bill Published
The Employment Rights Compliance Bill, 2008 was published on 18th March 2008. At the launch, the Minister for Enterprise, Trade and Employment, Mr. Micheal Martin TD, stated that the Bill will "modernise the Labour Inspectorate, strengthen enforcement of employment rights and work permits, promote greater compliance in the workplace and increase penalties for those employers who seek to gain advantage by denying employees their entitlements under law".
The provisions within the Bill include:
- The establishment of the National Employment Rights Authority (NERA) on a statutory footing, including the appointment of the Director of the Authority and a tripartite Advisory Board;
- Strengthening the powers of the Labour Inspectorate and allowing the Director of NERA to take evidence on oath;
- Ensuring Labour Inspectors have greater access to premises, personnel and data, and empowering NERA to prosecute summary offences;
- Empowering Labour Inspectors in NERA to examine employment permits and to prosecute offences in this area. Allowing NERA to conduct investigations jointly with other agencies including the Revenue Commissioners, Social Welfare Inspectors and An Garda Siochana;
- Greater penalties for offences arising under employment legislation. In most cases this will be up to €5,000 and/or 12 months' imprisonment for summary offences, and up to €250,000 and/or 3 years' imprisonment for indictable offences;
- Protection of whistleblowers in the event of breaches of employment law being reported in good faith;
- Outline of a comprehensive list of documents which must be kept by employers in respect of the most recent three year employment period and must be retained by employers for a further two years after the employment relationship ends.
Mr Martin said that "this is the most significant single piece of legislation introduced in the employment rights area in recent years…It is a reminder that, in the drive for greater competitiveness, there is a need to ensure that responsible employers who meet their obligations to employees will have a level playing field". The Minister emphasised that all aspects of employment law will be strictly enforced including legislation relating to employment permits, national minimum wage, registered employment agreements and protection of young persons in employment.