andLynch asked the Minister for Industry and Commerce if he will introduce proposals for legislation to amend the Holidays (Employees) Act, 1939 (No. 1 of 1939) with a view to providing holidays with pay for insurance agents employed on a commission basis.
Ceisteanna—Questions. Oral Answers. - Holidays for Insurance Agents.
Insurance agents employed on a commission basis are not, as such, excluded from the scope of the Holidays (Employees) Act, 1939.
Is the Minister aware that the Labour Court has decided that agents of the Royal Liver Friendly Society do not come within the scope of that Act, and in view of the quasipermanent nature of their employment, will the Minister consider introducing proposals so as to render holidays with pay compulsory for these employees?
In this connection I might point out that there are only two limitations, namely, the amount of salary they receive and the number of hours they work. They are not excluded unless it is as a result of either or both of these limitations.
Is the Minister aware that they are excluded on the ground, firstly, that they conform to no specific hours of work and, secondly, on the ground that they can relinquish their employment at any stage by selling their goods? In view of the quasipermanent nature of their employment, will the Minister consider introducing proposals for legislation along the lines suggested?
I have stated the position under the Act. It is not for me to interpret it, and I doubt if it is a matter for the Labour Court. There is a way for having that decided.
Mr. Byrne
Would the Minister consider the desirability of making a friendly recommendation to the societies concerned that do not give holidays to men working on a commission basis? His recommendation, I am sure, will carry weight, not alone with the Royal Liver but with other societies that do not give holidays with pay.
I do not think my recommendation would carry nearly as much weight as a recommendation from the Deputy himself.
Mr. Byrne
I would like to be supported by the Minister in my recommendation and I can assure him his representations would carry great weight.