A ban on employers offering less than three continuous hours of work to employees seems likely at this stage to form part of new labour market reforms to be considered by the Government.
This measure was originally proposed by an expert group at the University of Limerick, which was commissioned by Minster for Business and Employment Ged Nash to examine the extent of zero hours and low-hours work.
The Department of Jobs, Enterprise and Innovation set a deadline of January 4th for receipt of submissions from interested parties on the expert group proposals.
It is understood that the Minister intends to bring his own labour market reform proposals to Cabinet within the next few weeks, which will be based on the expert group findings and submissions made under the consultation process.
Highly-placed sources said that Mr Nash was “minded” to include a prohibition on employers offering less than three continuous hours of work unless a persuasive case was made against it in the consultation process.
True reflection
Sources said in his reform plan for Cabinet, the Minister was also “minded” to look at the expert group recommendation that employers would also have to give employees on their first day in the job a contract which provided a true reflection of the hours they would be expected to work.
Mr Nash is also believed to be supportive of the expert group’s recommendation that that these proposed new rules could be suspended in specific sectors if there was a collective agreement between trade unions and employers setting out alternative arrangements.
The University of Limerick report found that classic zero-hours contracts – under which employees are contractually obliged to make themselves available for work with an employer without any guarantee of receiving any – “are not extensive in Ireland”.
However, it warned that some employers were favouring what were known as “if and when” working arrangements – where there is no contractual obligation on the part of an employer to offer work or on the part of an employee to carry out work – as a way of getting out of existing employment protection legislation.
Flexibility
In a statement issued yesterday to encourage interested parties to take part in the consultation process, Mr Nash said: “I acknowledge that employers and indeed employees often require some level of flexibility in order to respond to their needs.
However, this should not be at the expense of the rights of workers. As part of my ‘dignity at work’ agenda, I am determined to ensure that workers’ rights continue to be upheld and protected – and if needed, extended to ensure against exploitation.
“While the vast majority of employers are decent and treat their workers with respect, it is suggested by the University of Limerick study that some businesses are using ‘if and when’ contracts to get around having to pay their staff compensation for the time they are on call.
“It is my belief that the law has not kept up with the modern day labour market and, after I consider the submissions made through this consultation process, I will bring my recommendations to Cabinet.”
