Vol. 470 No. 8
126 Ms Keogh asked the Minister for Enterprise and Employment if he will ensure that the claim by a person (details supplied) in County Dublin under the Holiday Employees Acts, 1973 and 1991, will be processed as speedily as possible in view of the fact that there has been an inordinate delay in responding to the person concerned. [20153/96]
The Holidays (Employees) Acts, 1973 and 1991 provide a statutory minimum entitlement to annual leave and public holidays for eligible employees. In general, this — and other employment protection legislation — covers persons employed under a contract of employment, that is, a contract "of service" as distinct from a contract "for services".
Difficulties have arisen in this particular case because of the disputed nature of the employment. The individual concerned contends that he is employed through a contract of service whereas his employer maintains that their relationship is in the nature of a contract for services, in their view, he is self-employed. I am arranging for an inspection of the employer's records, following which a statement will be taken from the complainant in the case. If the matter is not resolved satisfactorily through this means the case will be referred to my legal advisers for consideration as to the institution of legal proceedings, if appropriate. My Department will endeavour to have the matter expedited as quickly as possible and will keep the complainant informed of developments as they arise.
