EU rules protecting contract workers not enforced

Measures protecting contract workers from abuse have still not been implemented in the Republic, nearly two years after the EU…

Measures protecting contract workers from abuse have still not been implemented in the Republic, nearly two years after the EU deadline.

The measures are set out in one of 14 EU directives for which the Department of Enterprise, Trade and Employment is responsible and for which the deadline has been missed.

Legal action has been initiated by the European Commission in respect of seven of them.

The directive requiring that workers on fixed-term contracts not be treated less favourably than comparable full-time workers should have been implemented by July 10th, 2001.

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It is also designed to prevent abuse arising from the use of successive fixed-term employment contracts. The Department aims to have the directive transposed into Irish law by the end of June.

Another directive which should have been implemented by now lays down minimum standards for the protection of workers from exposure to carcinogens at work. That is due to be implemented by the end of April, more than three months after the deadline.

Other directives behind schedule deal with the marketing and use of dangerous substances and the international carriage of dangerous goods by road.

A directive protecting humans and the environment from the harmful effects of both new and existing dangerous substances was to be implemented by last July, but now has a target date of April 30th.

Answering questions about the matter in the Dáil last week, the Tánaiste, Ms Harney, said her Department was giving "all due priority" to implementing the directives, given the available resources.

"As deputies are aware, much of the difficulty rests with our need to draft legislation. Legislation must go to the parliamentary counsel and, while I do not blame anyone for this, it is a long and slow process," she said.

The problem, she added, was "resource related" on both the legal and administrative sides. However, her Department and others would have increased resources in advance of Ireland assuming the EU presidency next January.

Confirming that legal action had begun in seven cases, Ms Harney said a letter of formal notice had been issued by the European Commission in four of them, and a "reasoned opinion" in the other three.

A reasoned opinion involves the Commission stating its assessment that a legal requirement had not been complied with by a member-state.

The next stage in the legal process would be for the Commission to take the Government to the European Court of Justice.

Details of the directives it is due to implement are provided on the Department of Enterprise, Trade and Employment website. The address is www.entemp.ie

Chris Dooley

Chris Dooley

Chris Dooley is Foreign Editor of The Irish Times