Page 13 - Workplace Relations Guide to Employment Law

construction, agriculture and food services. Acts to provide machinery for fixing statutory
The Authority was initially established under minimum rates of pay and conditions of
the Safety, Health and Welfare at Work Act employment for particular employees in
(1989), since replaced by the Safety, Health particular sectors. They may be set up by
and Welfare at Work Act 2005, and it operates the Labour Court on the application of (i)
under the aegis of the Department of Business, the Minister for Business Enterprise and
Enterprise and Innovation. Innovation or (ii) a trade union or (iii) any
organisation claiming to be representative
The Authority’s primary functions include: of the workers or the employers involved. A
JLC is made up of equal numbers of employer
4 Monitoring and enforcing compliance and worker representatives appointed by the
with occupational health and safety Labour Court and a chairman and substitute
legislation.
chairman appointed by the Minister for
4 Providing information and expert Business Enterprise and Innovation. JLCs
advice to employers, employees and operate in areas where collective bargaining is
the self-employed. not well established and wages tend to be low.
4 Promoting workplace safety, health, The function of a JLC is to draw up proposals
welfare, education and training.
for fixing minimum rates of pay and conditions
4 Publishing research on workplace of employment for the workers affected.
hazards and risks. When proposals submitted by a JLC are
adopted by the Labour Court, the Minister for
4 Acting as Lead National Competent Business Enterprise and Innovation may give
Authority for a number of chemicals statutory effect to the proposals through the
regulations including REACH making of an Employment Regulation Order.
(Registration, Evaluation, Authorisation Employers are then obliged to pay wage rates
and Restriction of Chemicals) and provide conditions of employment not
Regulation and the Seveso III Directive. less favourable than those prescribed.
4 Acting as Market Surveillance Authority
for ensuring the safety of certain Any breaches of an Employment Regulation
products used in workplaces and Order may be referred to the WRC for
consumer applications. appropriate action.
4 Proposing new regulations and codes An employer of workers to whom an
of practice to the Minister. Employment Regulation Order applies must
keep records of wages, payments etc., and
must retain these records for three years.
Mechanisms for Setting Terms The employer must also post up a prescribed
and Conditions notice in the place of employment setting
out particulars of the statutory rates of pay
JOINT LABOUR COMMITTEES and conditions of employment.
Joint Labour Committees (JLCs) are bodies A list of JLCs is available at
established under the Industrial Relations
www.workplacerelations.ie .

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