Examining Zero Hours and Low Hours Work in Ireland: Regulation and the ‘Grey Zone’ of Work

Case study supports the following UN Sustainable Development Goals Examining Zero Hours and Low Hours Work in Ireland: Regulation and the ‘Grey Zone’ of Work Summary of the impact: The Act introduces a number of workers’ and workers engaged in zero hours and rights: the right to more information low hours work. Zero hours work is work with no guaranteed about their terms and conditions, the right hours. Researchers at the Kemmy Business to more secure hours for people who Details of the impact School (KBS), University of Limerick, have regularly work more hours than those been examining the prevalence and stated in their contracts, and the right to The 2015 zero hours study led to a govern- impact of zero hours work and low hours a minimum payment where a worker is ment-driven public consultation process, work amongst Irish employees. Their required to be available for work but is not legislation, and an international response. government-commissioned 2015 report provided with work by an employer. The It influenced the introduction of new em- titled ‘A Study on the Prevalence of Zero Act also restricts employers’ use of zero ployment legislation - which, in turn, has Hours Contracts Among Irish Employers hours contracts. impacted employment rights, improving and Their Impact on Employees’ thousands of workers’ lives across the contained a series of recommendations Countries where the impact occurred: country. on how to improve workers’ rights. These Ireland. recommendations aimed to improve Beneficiaries: Policy-makers, trade un- Public Consultation workers’ income security and formed ions, employer organisations, civil society The study was read by multiple stakehold- the basis of public policy discussions organisations, government departments, ers, in particular, political parties, trade on how to regulate zero hours and low solicitors, state agencies, employment unions, employer organisations, and civil hours work. Multiple political parties and rights enforcement bodies, employers, society organisations. Following the publi- workers rights organisations were involved in the public discussions, leading to a new piece of employment legislation, the Employment (Miscellaneous Provisions) Act 2018, which was directly informed by the study. This legislation was the first significant enhancement of employment rights relating to working hours since the 1990s. This legislation was the first significant enhancement of employment rights relating to working hours since the 1990s. Case study supports the following UN Sustainable Development Goals cation of the study in November 2015, the Throughout 2016 and 2017, political par- of Employment (Uncertain Hours) Bill Minister of State for Business and Employ- ties which made policy and legislative pro- 2016 – again with the aim of increasing ment in Ireland, announced a public con- posals on employment rights related to statutory protections for workers in zero sultation process to provide “an opportu- zero hours and low hours work, all quoted hours work. The Labour Party Spokesper- nity for interested parties to consider and the KBS study as a basis for their proposals. son on Employment and Social Protection respond to the findings and recommen- In 2016, the Labour Party presented a pri- stated that “evidence from the Universi- dations of the study” (Source 1). vate members’ motion in Dáil Éireann titled ty of Limerick study into the prevalence In total, 48 written submissions were “The Protection of Worker Rights”. When of zero-hour and low hour contracts….. made by national organisations with their presenting the motion, the Labour Party points to the evolution of employment views on the study’s recommendations leader noted “in particular the University relationships of an atypical and casual on the need for enhanced employment of Limerick report to government on the nature concentrated in areas such as hos- rights. Submissions were made by the prevalence of zero hours contracts…” and pitality, retail and the social care sector” Irish Business and Employers Confedera- he called on the government to implement (Source 6). tion, Irish Congress of Trade Unions, the the study’s recommendations (Source 4). The Fine Gael government at the time, in- Citizens Information Board; Employment troduced the third bill. The Protection of Law Association, Irish Human Rights and Legislative Bills Employment (Miscellaneous Provisions) Equality Commission, National Women’s Bill 2017 went on to become legislation. In 2016 and 2017, various political parties Council of Ireland, Migrants Rights Centre Prior to its introduction, the Minister for proposed three separate bills. All referred to of Ireland, Central Statistics Office and five Jobs, Enterprise and Innovation had sig- the 2015 zero hours study by the UL group government departments. nalled her intention to “bring forward leg- as influential on the drafting of these bills. islation to protect workers on low-hour Sinn Féin proposed the Banded Hours contracts as a follow up to the University Government Response Contract Bill 2016, aiming to enhance the of Limerick study”. She highlighted that the rights of workers employed in zero hours The study’s findings were the subject of government’s proposed legislation would arrangements. In presenting the bill, Sinn a special session of the Joint Oireachtas “be informed by the University of Limerick Féin noted that the University of Limerick Committee on Jobs, Enterprise and Inno- study” and other material provided in the study highlighted that zero hours work was vation. The chairperson of the Oireachtas public consultation process (Source 5). a problem that needed to be addressed Committee acknowledged “the extensive (Source 5). In one sitting of Dáil Éireann, in work that the researchers at the University New Employment Legislation - Employ- which the bill was debated, the University of Limerick have done….one can see from ment (Miscellaneous Provisions) Act of Limerick study was referenced 19 times the depth of details in the report that they 2018 by various members of parliament (Source left no stone unturned in engaging in con- 5). The legislation aims to provide greater sultation and providing us with the best in- The Labour Party proposed the Protection rights to all workers in three areas: formation possible” (Source 3). • An obligation on employers to provide workers with a statement on five key terms of their employment within five days of a worker starting a job. • A general ban on one type of zero hours work namely, zero hours contracts, except in particular circumstances. • Where workers regularly work more hours than is stated in their contract, they are poten- tially entitled to have their contract adjusted to a higher ‘band’ Minister for Business and Employment, Ged Nash at the launch of the report “A Study on the or number of hours. Prevalence of Zero Hours Contracts among Irish Employers and their impact on Employees” and author, Dr Michelle O’Sullivan, from Kemmy Business School, University of Limerick. The Minister for Employment Protection Credit: Dara Mac Dónaill / The Irish Times and Social Affairs hailed the Bill as “one of Case study supports the following UN Sustainable Development Goals the most significant pieces of employment ble at https://www.oireachtas.ie/en/ bour economics, employment law, public legislation in a generation” (Source 7). debates/debate/dail/2016-07-05/36/ policy, and issues related to low wage jobs Finally, the KBS research group have [accessed 05.02.20] (Refs 1, 8, 9, 15). As a result, the Irish gov- continued to engage nationally and 6. Labour Senator and Spokesperson on ernment commissioned the KBS research internationally on this issue and have Employment and Social Protection, group to undertake the study. presented to the International Labour (2016), Statement by Senator Ged The landmark study was undertaken over Organisation, Services Professional and Nash, “Uncertain Hours Bill Can Trans- a 6-month period in 2015. It focused on Technical (SIPTU) which is Ireland’s form the Lives of Working People – four sectors: hospitality, health, education, largest trade union, the Irish Academy Nash”. Available at https://www.labour. and retail. Each sector had large numbers of Management and Nevin Economic ie/news/2016/11/15/uncertain-hours- in employment and were characterised by Research Institute among others. bill-can-transform-the-lives-of-wo/ a variety of working hours arrangements. [accessed 05.02.20] The study’s findings were on the preva- Sources to corroborate the impact 7. Minister for Employment Affairs and lence of different types of zero hours work Social Protection (2018), Minister arrangements, on the negative impact of 1. Department of Business, Enterprise Regina Doherty welcomes passage zero hours work for workers’ financial se- and Innovation, (2015), Consulta- of the Employment (Miscellaneous curity, and on the inadequacy of employ- tion Document, University of Lim- Provisions) Bill. Available at https:// ment legislation in protecting workers. erick Study on the Prevalence of www.welfare.ie/en/pressoffice/Pages/ Here are a number of key findings: Zero Hour Contracts and Low Hour pr130718.aspx [accessed 05.02.20] Contracts. Available at https://dbei. • There are several types of zero gov.ie/en/Consultations/Consul- hours work – zero hours con- tations-files/Consultation-Doc- Underpinning research tracts and If and When contracts. ument%E2%80%93UL-Study-Ze- Workers on these contracts can ro-Hour-Contracts-Low-Hour-Con- The Irish

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