1044. Deputy Barry Ward asked the Minister for Enterprise, Tourism and Employment if his attention has been drawn to the use of self-employment contracts that minimise the employment rights of a company’s employees (details supplied); the actions he will take to address this practice; and if he will make a statement on the matter. [61927/26]

1045. Deputy Barry Ward asked the Minister for Enterprise, Tourism and Employment the position regarding any support mechanisms in place to support people working for companies under self-employment contracts that minimise their employment rights; and if he will make a statement on the matter. [61926/26]

1046. Deputy Barry Ward asked the Minister for Enterprise, Tourism and Employment the actions he is taking to address the practice of companies hiring employees under self-employment contracts that minimise their employment rights; and if he will make a statement on the matter. [61925/26]

I propose to take Questions Nos. 1044 to 1046, inclusive, together.

Ireland has a comprehensive body of employment, equality, and industrial relations legislation, in respect of which the Workplace Relations Commission (WRC) is mandated to secure compliance. Ireland’s employment rights legislation protects all employees who are legally employed on an employer-employee basis.

Robust mechanisms exist within the State for the determination of the employment status of individuals or groups. A number of statutory bodies have functions that include the determination of an individual’s employment status. Each body exercises its statutory functions independently and makes determinations for the particular purposes within its remit. The Office of the Revenue Commissioners is responsible for determining a worker’s employment status for taxation purposes, while responsibility for determining status for Pay Related Social Insurance purposes rests with the Department of Social Protection.

The Labour Court and the WRC are independent statutory offices under the aegis of my Department. The WRC’s functions include adjudication, mediation, conciliation, information provision, and inspection of employer records for compliance. The Labour Court is the court of last resort in industrial relations disputes and the sole appellate body in employment rights cases. Whether a person is an employee under employment rights legislation may be determined by the WRC’s Adjudication Service and the Labour Court (on appeal), as a preliminary issue, when adjudicating on employment rights complaints. The WRC makes their determination independently of the other statutory bodies.

A Working Group in my Department has examined the issue of employment status, meeting on three occasions in 2022 and again in July 2024. Following consideration by the Department of Social Protection, the Revenue Commissioners and the WRC of the implications of the Supreme Court’s judgment in the Karshan/Dominos case, a revised Code of Practice on Determining Employment Status was published by the Department of Social Welfare in October 2024. The Code is the key guidance document for employers and workers and others in relation to deciding the employment status of a worker. The Office of the Revenue Commissioners also published a manual for Determining Employment Status for Taxation Purposes in May 2024, considering the Karshan/Domino’s judgment.

If an employee has a query about their employment rights the WRC is there to help, through the provision of information as well as an adjudication service. The WRC also operates a labour inspection service to ensure compliance with employment legislation. If an employee believes their employment rights have been breached, they can make a complaint to the WRC under the relevant legislation. Where a complaint is upheld, the WRC may award redress or compensation. A person who has a query about their employment rights, may contact the WRC’s Customer Service and Information Unit through [www.workplacerelations.ie], or by telephone on 059 917 8990.