asked the Minister for Labour the reason for the delay in granting statutory annual holidays to insurance agents; and when holidays will be given to such people.
Ceisteanna—Questions. Oral Answers. - Holidays for Insurance Agents.
33.
Insurance agents who are employed under a contract of service are at present entitled to statutory annual holidays under the Holidays (Employees) Act, 1961.
The High Court recently ruled that agents who are not employed under a contract of service are not employees within the meaning of the Holidays (Employees) Act, 1961. Since the court judgment, I have had the matter fully reviewed and I have concluded that legislation to apply the Holidays Act to these agents would not be justified. They have the status of independent contractors rather than of ordinary employees.
Is it not open to the Minister to make regulations to bring these people within the scope of existing legislation?
This was done and was tested in the High Court, and the Court decided that the regulations were ultra vires.
Is the Minister in a position to say how many of these agents there are in the country? Does the figure not run into hundreds, and if so, would he not consider that he has a certain responsibility to ensure that the right to annual holidays would apply to these people, the same as it applies to all other employees in the community?
They are paid on a commission basis on the collection of contributions and they are allowed holidays if they collect their contributions before and after the holiday period. Indeed, one other company which employs people on a contract of service requires them to collect their contributions before the holiday period.
Would the Minister not consider the danger of not introducing legislation to cover these people because this may well lead to a situation in which dismissal notices will be given to employees so that they may be re-engaged under contracts for service and thereby the whole purpose of the Holidays Acts will be defeated?
That seems to be a separate question.
I do not think that could be done.
Does the Minister not agree that many insurance agents collect small sums weekly in housing areas all over the country? This weekly collection is insisted upon by employers. These are the people who never have holidays and I do not believe there is a Deputy who has not received complaints from these people. Some of them have not had holidays for 20 years. The Minister's Department is, as the Department of Industry and Commerce did earlier, sitting down on this and doing nothing.
People on a contract of service get their holidays but they are required to collect before and after. The others have a contract for service and these get holidays if they collect their contributions.
That is not the practice in the majority of companies.
There are only two.
These are outside the State and the Minister cannot do anything unless he legislates.