asked the Minister for Social Welfare if he is aware that a company (name supplied) has decided that all its employees will be dismissed and re-employed as agents; that these employees were insured under the Social Welfare Acts; and that in consequence of this latest measure they will lose their right to paid holidays and benefits under the Social Welfare Acts; and if he will state what measures can be taken in this matter.
Ceisteanna—Questions. Oral Answers. - Dismissal and Re-employment of Workers.
26.
I am aware that the company in question has recently entered into new agreements with its agents which appear to alter the terms and conditions of their employment. There have been no such alterations in the case of other employees of that company. Two of the agents who have entered into new agreements have applied for decisions as to the insurability under the Social Welfare Acts of their employment in the new circumstances. When the necessary enquiries in the matter have been completed their cases will be submitted to a deciding officer. Pending his decision, I am not in a position to say whether or not their insurance position has been altered.
I am advised by the Minister for Labour that the Holidays (Employees) Act, 1961, confers entitlement to holidays with pay on workers employed under a contract of service or a contract of apprenticeship. If the agents referred to are not now so employed, the provisions of the Act would not apply to them.
The terms and conditions of any employment are proper for negotiation between the employers and the employees concerned, and neither the Minister for Labour nor I have any statutory function in the matter. In dealing with questions of the insurability of any employment, the officers of my Department can only have regard to the facts as they find them.