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Dáil Éireann debate -
Wednesday, 14 Feb 1996

Vol. 461 No. 5

Written Answers. - Public Holiday Pay.

Jim Mitchell

Question:

129 Mr. J. Mitchell asked the Minister for Enterprise and Employment the rights of full-time but temporary workers in relation to payment for public holidays when they have worked immediately before and immediately after those holidays, particularly in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [3278/96]

The Holidays (Employees) Acts, 1973 and 1991, provide for entitlement to public holidays. In respect of a public holiday, an eligible employee is entitled to receive from the employer: (i) a paid day off on that day, or (ii) a paid day off within a month, or (iii) an extra day's annual leave, or (iv) an extra day's pay, as the employer may decide.

To be "eligible" a worker must, generally, be employed under a contract of service or apprenticeship. There is no service requirement in respect of public holidays, except in the case of day to day employees and some part-time employees. These qualify for public holiday entitlement provided they have worked at least 120 hours (or 110 hours if under 18 years) during the five weeks ending on the day before a public holiday.

If the worker referred to by the Deputy considers that she is an eligible employee but has not received her entitlements under the holidays legislation, she may refer the matter to the Employment Rights Section of my Department which will investigate the case.
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