asked the Minister for Industry and Commerce if he is aware that Section 10 of the Holidays (Employees) Act, 1961 is being interpreted in a manner which operates to deprive workers who have less than 1,600 hours work in a year, and who have not left their employment, of annual leave with pay; and whether the provisions of the Act governing cessor pay are also applicable to such workers.
Ceisteanna—Questions. Oral Answers. - Workers' Paid Holidays.
48.
The position broadly is that Section 10 of the Holidays (Employees) Act, 1961 does not confer a statutory entitlement to annual leave with pay on a worker who has worked with an employer for less than 1,600 hours in an employment year. There are certain exceptions to this. The qualifying period for young persons in industry and mining and adult workers employed in coal mining is 1,500 hours. Furthermore, the Act provides that, for persons covered by "wet-time" insurance, hours lost through wet time may be counted as hours worked up to a maximum of 250 hours in any employment year.
The provisions of the Act governing cessor pay are not applicable unless the employment in question is terminated.
As the greatest offenders in this case are the State and the Forestry Division, the Department of Lands and the Land Commission have made a habit of not giving any holidays to workers who, through illness or for any other reason but particularly illness, are unable to complete the 1,600 hours, would the Minister amend the Act to ensure they will not be able to continue that practice?
The 1,600 hours was brought in recently and was a considerable improvement on the number of hours under the 1939 Act. The number of hours which was inserted in the Act was discussed with the trade unions concerned.
As the point at issue appears to have been missed by everybody, could the Minister amend the Act or have instructions sent at least to the State, where they are employers, to prevent them from doing that despicable thing, namely, depriving workers of holidays to which they would otherwise be entitled except for a period of illness?
I have no knowledge of that. The Deputy did not include it in his question——
If I provide the necessary evidence, will the Minister take some steps in the matter? No answer.