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 include 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 Jobs, Enterprise and Innovation. NERA Enforcement and Prosecution Services ensure the compliance and enforcement of employment rights legislation.
Streamlining of employment rights enforcement
The Minister for Jobs, Enterprise and Innovation plans to streamline these 5 employment rights enforcement organisations into a new integrated two-tier structure with a single point of entry: Labour Relations Commission, Rights Commissioner Service, Employment Appeals Tribunal, Equality Tribunal and the National Employment Rights Authority. Since 4 January 2012 information on rights and entitlements under employment legislation (previously provided by NERA) is provided by Workplace Relations Customer Services through a single point of contact. There is also a new single complaint form (pdf) and guidance notes (pdf) available on the shared website, workplacerelations.ie.
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 more than doubled and they are now empowered to work with and exchange information with the Department of Social Protection 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 Jobs, Enterprise and Innovation 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 and Equality
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 Workplace Relations Customer Services - see 'Where to apply' below.
Where to apply
National Employment Rights Authority
Inspection Services
Government Buildings
O'Brien Road
Carlow
Ireland
Tel:(059) 917 8900
Locall:1890 220 100
Homepage: http://www.employmentrights.ie/en/aboutnera/inspectionservices/
Email: inspection@employmentrights.ie
Workplace Relations Customer Services
(formerly Information Services of the National Employment Rights Authority)
Department of Jobs, Enterprise and Innovation
O'Brien Road
Carlow
Ireland
Opening Hours: Mon. to Fri. 9.30am to 5pm
Tel: (059) 917 8990
Locall: 1890 80 80 90
Homepage: http://www.workplacerelations.ie/en/
Language
Related Documents
- Enforcing your employment rights
Overview of the various bodies in Ireland that assist employees to enforce their employment rights. - Department of Jobs, Enterprise and Innovation
The Department of Jobs, Enterprise and Innovation is responsible for implementing Government policy in a number of areas including the protection of workers. - Employment Regulation Orders and Registered Employment
Agreements
Read about the regulation of pay and conditions of employment for certain employment sectors in Ireland
Contact Us
If you have a question relating to this topic you can contact the Citizens Information Phone Service on 0761 07 4000 (Monday to Friday, 9am to 9pm) or you can visit your local Citizens Information Centre.