Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697751271373.pdf (Ireland)
___________ An Bille um Eagrú Ama Oibre (Cearta Oibrithe agus Féinfhostaíocht Bhréagach) (Leasú), 2021 Organisation of Working Time (Workers Rights and Bogus Self-employment) (Amendment) Bill 2021 ___________ Meabhrán Míniúcháin Explanatory Memorandum ___________ ____________ AN BILLE UM EAGRÚ AMA OIBRE (CEARTA OIBRITHE AGUS FÉINFHOSTAÍOCHT BHRÉAGACH) (LEASÚ), 2021 ORGANISATION OF WORKING TIME (WORKERS RIGHTS AND BOGUS SELF-EMPLOYMENT) (AMENDMENT) BILL 2021 ____________ EXPLANATORY MEMORANDUM ____________ Background The purpose of this bill is to amend the Organisation of Working Time Act 1997 (the “Principal Act”) to bring it in line with recent changes in work practices that have seen a growth in bogus self-employment.
It also amends the principal act to extend the terms of the act to members of the Garda Síochána, the Defences Forces, persons engaged in sea fishing or other work at sea and trainee doctors.

Finally, it extends certain rest and holiday rights to those who are self-employed in order to lessen the incentive for employers to engage in bogus self-employment.

Provisions of the Bill Section 1 of the bill defines the Principal Act referenced in the bill.
Section 2 of the bill amends section 3 of the Principal Act in order to apply the Act to members of the Garda Síochána, the Defences Forces, persons engaged in sea fishing or other work at sea and trainee doctors.
Section 3 of the bill makes in an offence under the principal act for an employer to avoid the employer/employee relationship by drafting a contract that does not correspond to the reality of the actual relationship – that is, to create a contract for service for what is in effect a contract of service.

It outlines factors to determine whether a contract of service exists.

It gives a definition of a contract for service.

It outlines factors to determine a contract for service.
It makes it an offence for an employer to produce a contract for service where the reality of the relationship is that of a contract of service.

It extends to self-employed persons the right to a daily rest period, rests and intervals at work, weekly rest periods, maximum average weekly working hours, night work rest periods, entitlement to annual leave, entitlement to annual leave pay, and entitlement to public holiday pay.
Section 4 of the bill updates the penalties for persons found guilty of an office under the Principal Act to bring them in line with class A fines.

Section 5 of the bill outlines the short title of the bill.

Louise O’Reilly, TD, Deireadh Fómhair, 2021.

Wt.

—.

145.

10/21.

Essentra.

(89644).

Gr.

30-15.

1