Self Employment in Ireland - PowerPoint Presentation

Slide1

Self Employment in Ireland

Karan O Loughlin

Irish Equity/

Siptu

January 2016Slide2

Irish System

Voluntarist Style of Industrial Relations for employees

State Supported with Workplace Relations Commission and Labour Court

Supported by individualised Statutory Rights for Employees

Collective Bargaining Rights for Employees/ Trade Unions onlySlide3

Cultural Workers

Actors, Musicians, journalists, photographers, writers,

Self Employed/Freelance

2004 Competition Authority Decision on Voice Over Artists and others

Self Employed cannot be treated as employees => No Collective BargainingSlide4

Actions

Dialogue with Government=> Commitment to legislation to exempt cultural workers

2008 => Crash and Austerity =>

Trioka

Irish Bailout

More dialogue with Government supported by the ICTU and complaints

b

y ICTU made to ILOSlide5

Actions

2010 Labour Court Case

TF Productions and a Musician

Referred under 20(1

) of the Industrial Relations Act

1969

Recommendation Number LCR19705 considered definition of worker

The term "worker" is defined by s 23 of the Industrial Relations Act 1990 as:-

"23.- (1) In the Industrial Relations Acts, 1946 to 1976, and this Part, "worker" means any person aged 15 years or more who has entered into or works under a contract with an employer, whether the contract be for manual labour, clerical work or otherwise, whether it be expressed or implied, oral or in writing, and whether it be a contract of service or of apprenticeship or a

contract personally to execute any work or labour

including......"Slide6

Outcome

Industrial Relations Act definition of worker covers a contract for services

Compensation of €4,600 awarded for short notice cancellation of a contract for services

Good precedent but problematic implementation => voluntarist nature of Irish IR

Other pieces of legislation define “Worker” more tightlySlide7

Other Precedents

In FERGUSON -V- JOHN DAWSON & PARTNERS (CONTRACTORS) LTD [1976] 1 WLR 1213, [1976] EWCA

Civ

7, [1976] 3 All ER

817. No

deductions for tax were made and the worker was obliged to follow defendant’s instructions of what to do and when to do it. Also, the equipment was supplied by the defendant’s company. The man was injured and contrary to the contract, the majority of the court found that he was an employee.

SUNDAY

TRIBUNE [1984] IR 505 case, the Court looked at arrangement by journalists where, for tax purposes, they were considered to be independent contractors, it was held not to be a determinative factor when assessing the relationship. Ms. Justice Carroll stated that the court must look to the “realities of the relationship” and the union asserts that in the case of Mr. Mills and Dublin Bus this was in reality, an employee/employer relationship.

In HENRY DENNY & SONS Ltd v MINISTER FOR SOCIAL WELFARE [HC 1995] [SC1998] 1 IR 34

a merchandiser was considered not to be in business for herself and was ruled to be an employeeSlide8

Use of Precedents

Courts are consistent in saying that it is the reality of the relationship that defines the contract

Dual system for Actors self employed and employee (theatre mostly) is not relevant for this matter (Sunday Tribune Case)

Control and Integration tests have high valueSlide9

Irish Developments

ILO still playing out

Dublin Bus Case awaiting outcome

Competition Amendment Act has all party support

Exempt trade unions from Consumer Protection Act to allow for Collective Bargaining

Minister will look to Europe Slide10

Strategies

Is there value in pursuing the ILO complaint and timelines => Implementation problems?

Is there value in building

c

ase law for individual contracts => Limited effect unless there is a collective effect?

Is there value in pushing forward on the Amendment Act in Ireland => not likely to survive in its current format?

Is there value in developing a

single pan

european

strategy

=> Having self employed

individuals

redefined as employees?