National Recruitment Federation

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National Recruitment Federation Thursday 23rd
April 2009 Alan Haugh National Employment Rights
Authority
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NERAs Mission Statement
To achieve a national culture of employment
rights compliance
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NERA Achieving Compliance
A resource for employers employees to achieve
compliance through - Information and Education -
Inspection - Prosecution - Enforcement
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NERAs Research
NERAs Information Services

• Lo-Call 1890 80 80 90
• Email
• Publications
• Website www.employmentrights.ie
• Awareness Activity
• Presentations
• Exhibitions

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NERAs Information Services - Contacts
Top 3 query categories - Redundancy - Holiday -
Payment of Wages
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NERAs Information Services
Over 1.8 Million Hits in 2008
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NERAs Information Campaign
NERAs Information Services
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NERA QUARTERLY
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NERAs Prosecution Services
Cases referred to Chief State Solicitors
Office 98 (28 from NERA Inspections) in 2007 70
(44 from NERA Inspections) in 2008
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NERAs Enforcement Services
Labour Court determinations Employment Appeals
Tribunal determinations 52 cases concluded in
2007 46 cases concluded in 2008
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NERAs Inspection Services

• NERA is charged with enforcing a range of
  Employment Law including ensuring compliance with
  rates agreed e.g. by the Catering Joint Labour
  Committees.

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NERAs Inspection Services
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Slide 14
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NERAs Inspection Services

• NERA Inspection Activity
• Complaints
• Campaigns
• Routines
• Announced and Unannounced Inspections
• Joint investigations
• Revenue Commissioners
• Social and Family Affairs

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NERAs Inspection Services

• Sectoral Campaigns
• Agriculture/Mushroom
• Construction
• National Minimum Wage
• Protection of Young Persons
• Security
• Catering
• Contract Cleaning

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NERAs Inspection Services
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NERAs Inspection Services
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NERAs Inspection Services
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Inspection Service - Legal Basis

• Industrial Relations Acts 1946 to 2004
• Protection of Young Persons (Employment) Act,
  1996
• Organisation of Working Time Act, 1997
• Parental Leave Act, 1998(Equality Authority)
• National Minimum Wage Act, 2000
• Carers Leave Act, 2001

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Inspection Service - Legal Basis

• Redundancy Payments Acts, 1967 to 2003
• Employment Agency Act, 1971
• Protection of Employment Act, 1977
• Protection of Employees (Employers Insolvency)
  Acts, 1984 to 1991
• Payment of Wages Act, 1991
• Employees (Provision of Information and
  Consultation)Act 2006

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Carrying out an Inspection - types of Records
Sought
Gross weekly wages Hours of work (rosters,
time sheets, clock cards) Sunday work (ERO/REA)
Records (OWT) Overtime ( ERO/REA ) Breaks
(ERO/REA/OWT) Work after midnight(
ERO/REA) Job classification Date of
commencement (and termination ) Dates of birth
if under 18 (PYP Act) Dates of birth if under
20 (NMW Act) Evidence that employee receives
payslip(POW) Whether board and lodgings are
provided Annual leave and Public
holidays Apprenticeship Registration cards
(certain EROs)
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Warrant of Appointment

• Passport-sized
• Blue Cover with Harp
• Name, Photo and signature of Inspector
• Cetificate and Warrant of Appointment- list of
  relevant Acts

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Dealing with Non-Compliance

• Ask employer to rectify any breaches
• Provide reasonable time-frame to become compliant
• Close file if compliance achieved
• Carry out follow-up inspection (6-12 months) to
  ensure compliance is maintained
• Escalate to Prosecution Services if employer does
  not rectify breaches

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Catering Inspections 2008

• 962 Inspections under Country ERO
• 97 Inspections under Dublin ERO
• Types of breaches detected
• Statutory minimum rate
• Sunday rate
• Overtime rate
• Public Holidays
• Records
• Display of Notice

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Catering Inspections 2008
Main Breaches Detected Statutory Minimum
Rate Sunday Rate Payment for Public Holidays
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Arrears Paid in 2008

• Arrears paid in 2008 - Country Catering Order
• 630,136 arrears paid in 2008
• In 124 cases employers paid less than 1,000
• In 51 cases employers paid 1,000 and less than
  2,000
• In 57 cases employers paid 2,000 and less than
  5,000
• In 31 cases employers paid 5,000 and less than
  10,000
• In 7 cases employers paid 10,000 and less than
  15,000
• 1 employer paid more than 15,000

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Arrears Paid in 2008

• Arrears paid in 2008 - Dublin Catering Order
• 52,100 arrears paid in 2008
• In 16 cases employers paid less than 1,000
• In 2 cases employers paid 1,000 and less than
  2,000
• In 5 cases employers paid 2,000 and less than
  5,000
• In 3 cases employers paid 5,000 and less than
  10,000
• 1 employer paid more than 10,000

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Achieving a national culture of employment
rights compliance