asked the Minister for Industry and Commerce if it is proposed to amend the Holidays (Employees) Act, 1939, to provide that two weeks' paid holidays instead of one week will be provided for those persons who qualify under the Act.
Ceisteanna—Questions. Oral Answers. - Amendment of Holidays (Employees) Act, 1939.
asked the Minister for Industry and Commerce if it is proposed to introduce amending legislation to raise the income limit in respect of qualification under the provisions of the Holidays (Employees) Act, 1939.
I propose, with the permission of the Ceann Comhairle, to take Questions Nos. 4 and 5 together. I would refer the Deputy to the reply which I gave to a question by Deputy Norton on this subject on 12th March last. On that occasion, I indicated that in my view improvements in the conditions of employment of workers, over and above those prescribed by legislation, can be more satisfactorily arranged by the negotiation of voluntary agreements between representative organisations of employers and employees and that legislation to amend the Holidays (Employees) Act, 1938, was not at present in contemplation. I see no reason to alter this view.
Would the Minister not agree that in so far as the larger units of workers have generally enjoyed the benefits of the Holidays (Employees) Acts, because of the machinery he has mentioned, at this stage he might think it worthwhile to extend the protection of the Government and the Dáil to those employed in the smaller units where it is difficult to ensure that reasonable periods of rest are provided by trade union-employer negotiation? Would the Minister consider that angle of the matter?
My view is as I have expressed it. I prefer that progress in this matter should not be made under the compulsion of legislation. If, however, it were demonstrated that there were difficulties existing of a character which only legislation could resolve, I would be prepared to consider the matter further, but with some reluctance. The evidence would have to be very conclusive that State action was essential to get the desired results.
I do not think the Minister has answered Question No. 5. Surely that is not a matter for trade union-employer negotiation? The qualification is laid down in the 1939 Act and that Act can be amended only by the Minister and the Oireachtas. Has the Minister considered the desirability of introducing a change in the legislation following upon, first of all, the increase in the cost of living over the years and, secondly, the wage adjustments which have necessarily taken place, particularly in relation to the current value of the £ as against the period referred to in the 1939 Act?
I answered Question No. 5. At least, the limitation to which the question refers does not prevent anyone enjoying any benefit. If it were that kind of limitation it would require revision. It merely means that the compulsory application of the legislation is confined to a particular class and while, no doubt, the limit fixed in the Act is now out of date, at the same time my feeling is that it is preferable that the extension of the benefit should be on the basis of voluntarily concluded negotiations.