National Employment Rights Authority

Information

The aim of the National Employment Rights Authority (NERA) is to secure compliance with employment rights legislation. Its main activities are providing information on employment rights and monitoring employment conditions through its inspectors. It can also enforce compliance and seek redress.

NERA was established on an interim basis in February 2007 as an office of the Department of Enterprise, Trade and Employment (DETE). The Labour Inspectorate, the Employment Rights Information Unit and the Enforcement and Prosecution sections of DETE have been transferred to NERA and are now NERA Inspection Services (see below), Information Services and Enforcement and Prosecution Services respectively. NERA Information Services provide information on rights and entitlements under employment legislation for employees and for employers.  NERA Enforcement and Prosecution Services ensure the compliance and enforcement of employment rights legislation.

The Employment Law Compliance Bill (pdf), which is currently going through the Oireachtas, proposes to:

• Establish NERA on a statutory basis
• Strengthen NERA's inspection and enforcement powers
• Enable NERA inspectors to enforce employment permits legislation.

NERA Inspection Services

The Labour Inspectorate was originally set up to enforce Employment Regulation Orders and Registered Employment Agreements under the Industrial Relations Acts 1946 – 2001. This is still forms a major part of the enforcement activity of the NERA inspection services and this role is carried out together with the Labour Court.

Since 2007 the number of NERA inspectors has been trebled and they are now empowered to work with and exchange information with the Department of Social and Family Affairs and the Revenue Commissioners in Joint Investigation Units.

NERA inspectors have carried out inspection campaigns focused on the construction sector, the catering and security industries and on the legislation on minimum wage and the protection of young people in employment. You can read this NERA guide to inspections (pdf).

 The Inspection Services also have an enforcement role in relation to:

• The maintenance of records under the Organisation of Working Time Act 1997
• Statements of wages or payslips under the Payment of Wages Act 1991
• Complaints about pay and conditions of employment under the Protection of Young Persons (Employment) Act 1996 and
• The National Minimum Wage Act 2000

The Inspection Services have another function, which is to inspect and gather information for others in the Department of Enterprise, Trade and Employment in relation to the following Acts:

• Employment Agency Act 1971
• Protection of Employment Act 1977-2007
• Protection of Employees (Employers' Insolvency) Acts 1984 to 2003
• Carer's Leave Act 2001
• Employees (Provision of Information and Consultation) Act 2006 (pdf)

and on behalf of the Department of Justice, Equality and Law Reform

• Parental Leave Act 1998

Rules

Inspectors may enter premises at reasonable times, interview employers and employees, take statements, examine and take copies of records and initiate legal proceedings.

Inspections are carried out either to investigate a specific complaint or a team of inspectors may carry out random or targeted inspections in a particular sector of employment.

Generally the investigation proceeds in three stages as follows:

• Where an initial inspection of records finds that that there have been breaches of employment law, the employer is instructed to correct this
• A letter is then sent requesting evidence that the employer is complying with the law as instructed
• If there is no response or an inadequate response to the letter, a second inspection follows together with a warning that any further or new breaches discovered will be sent to the Department’s legal services to prosecute

The exception to the above procedures occurs where breaches of the Protection of Young Persons (Employment) Act 1996 are found. These are referred for prosecution after a first inspection.

How to apply

If you wish to make a complaint in relation to the employment legislation outlined above you should contact NERA Inspection Services to get a complaint form. You can download a complaint form from the NERA website. You can also contact NERA Information Service for further information.

Where to apply