Ireland’s Department of Enterprise, Trade and Employment is to introduce a new computer system in 2003 which, it hopes, will increase the speed with which the Labour Inspectorate can process employment rights cases and enquiries. In this feature, we look at the role of the Employment Rights Units in the Department and examine the implications of the new system.
The Employment Rights Division of the Department of Enterprise, Trade and Employment comprises a number of units including the Labour Inspectorate, the Employment Rights Information Unit and the Legal Services Unit (LSU).
In early 2003, the Labour Inspectorate is clearing the decks for the implementation of a new computer system to replace the current predominantly manual system, which - it hopes - by providing electronic monitoring and workflow features, will make it much easier to keep track of, and process, cases. When operational, it is intended that the new system will also: provide a comprehensive statistical record of cases; facilitate a much quicker updating of records; and remove much of the time-consuming administrative drudgery from the Inspectorate’s work.
According to Eddie Nolan of the Labour Inspectorate, the system will greatly facilitate and enhance the Inspectorate’s capacity to identify areas where there are weaknesses or unsatisfactory trends in employer compliance, which was not possible under the old system. For instance, as data is gathered and committed to the system, it will facilitate a detailed breakdown by sectors of breaches of the national minimum wage legislation IE0107170F. In addition, the system should enable inspectors to operate away from the office for much longer periods than is possible at present. According to Mr Nolan, it will 'free inspectors of the need to be in touch with base to get things done'. For example, after an inspection has been completed, the follow-up process will be initiated immediately by the inspector, irrespective of their location around the country. At present, this action cannot occur until the inspector concerned returns to headquarters and accesses the system from their desk.
In short, the new system will modernise the role of the Inspectorate, reduce administrative burdens, and allow inspectors to spend more time in the field.
In terms of the overall role of the Labour Inspectorate, its primary purpose is to monitor and secure compliance with employment rights legislation, and to assist employers and employees in understanding their rights and obligations. Seventeen labour inspectors and six administrative support people staff the Inspectorate. The inspectors operate in three teams, each covering a broad geographical area.
At present, one of the main tasks of the labour inspectors is to ensure compliance with the national minimum wage (NMW), which was last increased in October 2002. Mr Nolan remarks that, currently, 'compliance with the NMW seems OK'. However, the focus of the Inspectorate's activities can vary in accordance with seasonal employment patterns that apply in certain business sectors.
Generally, inspectors deal directly with the public in the course of handling complaints from employees regarding the alleged infringement by employers of statutory rights. Apart from the physical inspection of records, complaints can involve contact with the employees and the employers concerned by telephone and/or in writing. If the complainant requests confidentiality, the inspector will treat all information given as confidential and the identity of the complainant will not be disclosed to the employer.
In very broad terms, inspectors are empowered under the various Acts they enforce to: enter premises; examine any pertinent records; require the employer or a representative to produce records; and require an employer or employee to furnish relevant information in connection with the inspection being undertaken.
Many complaints lead to inspections of the wages records of the employer against which allegations have been made. The labour inspectors also carry out a number of routine inspections in the course of the year. If an employer is found to be in breach of terms and conditions of employment, the inspector informs the employer of the breaches found and prepares a report together with calculations of the amounts that may be due to employees. The employer is required by letter to pay any arrears due within a specified time period. Continued non-compliance can then lead to prosecution.
The Inspectorate also carries out inspections in respect of possible breaches of terms and conditions of employment at the request of trade unions and the Construction Industry Federation (CIF). The Inspectorate can also undertake work on the basis of information provided by other government agencies or departments.
Decisions in relation to breaches of the various Employment Acts are made by reference to the relevant legislation. In cases of uncertainty as to the interpretation of legal provisions, or dispute as to their meaning, the decision of the Attorney General's Office is sought. Advice from the Attorney General's Office is case-specific.
If cases are not satisfactorily resolved, they are referred to the Chief State Solicitor's Office (CSSO) to consider the implementation of legal proceedings against the employer. The Department of Enterprise, Trade and Employment's Legal Services Unit deals with legal proceedings and prosecutions. The LSU has a staff complement of six.
The overwhelming majority of cases are resolved before the prosecution stage. Arising from the work of the Labour Inspectorate alone (the LSU services other sections also), out of 8,300 inspections in 2002, the LSU processed 21 cases to prosecution and conviction. In all, EUR 350,000 was collected in arrears in 2002. In 2001, out of 6,500 inspections, the LSU processed 17 cases to prosecution and conviction. In all, EUR 520,000 was collected in arrears in 2001.
Significantly, Mr Nolan emphasises that the Inspectorate is not a 'hit squad out to get people'. He adds that 'distilling the work of the Inspectorate down to the number of inspections and prosecutions doesn’t reflect the totality of the work done by inspectors and the support staff. Missing from the picture is the high amount of organisations who are inspected and found to be complying.'
'The message to employers who are complying is that we are striving to create a level playing field,' according to Mr Nolan. In contrast, the message to non-compliant employers is that 'we are getting better at enforcing compliance and that efficiency will be paralleled by an increase in successful prosecution of cases.' For employees, Mr Nolan remarks that the Inspectorate is 'doing better and will continue to improve' in terms of upholding employment rights.
The Department of Enterprise, Trade and Employment's Employment Rights Information Unit has a staff complement of 10. The Unit operates an information service to answer enquiries from people about employment rights legislation and to inform people of the rights and obligations of employees and employers under the current employment legislation, such as the Organisation of Working Time Act 1997 and the National Minimum Wage Act 2000.
This employment rights information service is delivered by the provision of:
The Information Unit has a call centre, which answers approximately 500 calls per day, and also responds to e-mail enquiries. During 2002, the call centre received 129,498 calls. This compares with 124,637 in 2001, and 117,000 in 2000.
The Unit has also responded to calls for presentations on employment rights legislation from employers, Citizens Information Centres, schools and other organisations. An expansion of this activity is under active consideration, though the focus will very much remain with the core activities outlined above. The nature of the enquiries that the Information Unit receives depends on what is happening at a particular time. At the moment, enquiries about redundancies are noticeably prominent.
The new computer system will undoubtedly increase the capacity of the Employment Rights Division to process employment-related cases. However, it is still the case that the Labour Inspectorate requires more labour inspectors on the ground. Currently, there are only 17 labour inspectors, who are responsible for covering the whole country. (Tony Dobbins, IRN)