COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF HOUSING SPC

Tuesday, May 30, 2023

HEADED ITEM NO.8 (a)

HEADED ITEM: H. Administration

Items requested by members

(a) Cllr Joanna Tuffy

‘That the issue around employment of tradespeople by contractors for Council housing projects and the need to ensure good and fair employment practices’

REPLY:

The conditions of the public works contracts place an obligation on the main contractor to ensure compliance with the relevant aspects of the law governing payments to (and on behalf of) employees for all those employed on the construction site, this is not limited to their own employees but for all sub-contractors who provide labour to the site.  Contracting authorities are required to ensure that the ‘Rates of Pay and Conditions of Employment Certificate’ is received with each payment application and, in the event of non-compliance, to withhold payment until the matter is rectified.

The requirements regarding record keeping in the contracts are intended to assist enforcement bodies in gathering evidence in relation to non-compliance.  Where issues of non-compliance are discovered, contracting authorities should always report such matters to the relevant enforcement body since only they have the authority to bring prosecutions under the relevant legislation and to search and recover the appropriate evidence necessary to bring proceedings.

Enforcement of tax, social welfare and employment law are matters for the relevant State authorities, including the Workplace Relations Commission, the Department of Employment Affairs and Social Protection and the Revenue Commissioners.