Dáil Éireann debate -
Thursday, 10 Nov 1960

Vol. 184 No. 6

Private Members' Business. - Annual Holidays for Workers: Motion.

Mr. Larkin

I move:—

"That Dáil Éireann is of opinion that the Government should introduce proposals for legislation to provide for a minimum of twelve working days' annual holidays with pay for all workers."

It is hardly necessary at this juncture to justify workers seeking to have annual holidays. Their right to enjoy annual holidays has been conceded to a greater or lesser extent for many years. Only very small sections of our community would, I think, deny to workers today this opportunity of rest, recreation and recuperation.

Minister for Industry and Commerce (Mr. J. Lynch)

Might I intervene? If the Deputy will give way, my intervention may help to shorten the discussion of this motion. A few days ago, I announced publicly that the Government have in hands the preparation of legislation extending the minimum entitlement of workers to holidays. As Deputy Larkin is aware, the present position is that the minimum entitlement is six working days, plus, in appropriate cases, bank holidays, or days in lieu. That is covered by the provisions of the Holidays (Employees) Act, 1939, and the Shops (Conditions of Employment) Act, 1938.

As the Deputy has outlined, in many cases, workers get a fortnight's annual leave with pay, plus public holidays. That position has been secured by agreements registered by the Labour Court under the Industrial Relations Act, 1946. There probably are employee's who, because they are not organised, do not enjoy the 12 working days, plus the other holidays; it is for the purpose of making adequate provision for these that the proposed legislation will be introduced. It is not my intention, therefore, to oppose this motion.

Mr. Larkin

I accept the Minister's assurance. Perhaps I might take this opportunity of referring to one or two matters. As the Minister is aware, under existing legislation, a worker in receipt of over £350 a year is not legally entitled to even the six-day period.

Mr. J. Lynch

It is intended to raise that ceiling.

Mr. Larkin

That has been a cause of trouble. There are two or three other aspects which should be considered. Workers covered by legislation are frequently denied annual holidays because wet time is not taken into consideration as a qualifying period. That is particularly true in the case of building trade workers; wet time for which payment is made is not included for holiday purposes. The same position obtains where illness occurs. The Act provides that an interruption for a period of one month can have the effect of depriving the worker of the full holiday period. A peculiar feature is that the present annual leave is not included. The Minister has assured us that he intends to revise the provisions. I trust he will consider these points when it comes to framing the new legislation.

With regard to public holidays, another difficulty arises. Where employees are due to go on annual leave, and a public holiday occurs in or around the period, certain employers have arranged matters in such a manner that the employees get their annual leave immediately prior to the date on which the public holidays falls. The employers then contend that under the Act the employees must work 150 hours in the five weeks immediately preceding the holiday and the employees are, therefore, not entitled to the benefit of the public holiday. I am sure it was never the intention to afford anyone an opportunity of getting around the Act in that manner.

In view of the Minister's assurance of his intention to introduce legislation, I shall, with the permission of the Chair, withdraw this motion. I trust the Minister will give us an opportunity of raising the various points here or permitting us to communicate with him before the introduction of the legislation. Revision has been requested for some years by workers' organisations at the annual congresses of the various trade unions and at the annual congress of the Trade Union Congress.

Finally, could the Minister give us some indication as to when we may expect this legislation?

Mr. J. Lynch

The legislation is in course of preparation. The heads of the Bill have been drafted. The Deputy will appreciate, because of the pressure of work from all quarters on the Parliamentary Draftsman's office, it is not easy to say when the legislation will actually be introduced.

Mr. Larkin

The Minister will appreciate that the majority of workers take their holidays in the months of May to September. There are some unfortunate workers who are compelled by circumstances to take their holidays at the beginning or at the end of the year. Is it possible this legislation will be introduced in sufficient time to benefit workers in the next holiday period?

Mr. J. Lynch

I am quite confident the legislation will be introduced in good time.

Motion, by leave, withdrawn.

Motion No. 15 not moved.