Vol. 491 No. 3
106 Ms McManus asked the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to the fact that nurses in private nursing homes are in certain cases not being provided with contracts of employment and are not receiving their pay entitlements for bank holidays; if she will ensure that all private nursing homes comply with these requirements; and if she will make a statement on the matter. [11826/98]
The Terms of Employment (Information) Act, 1994, requires that an employer must provide an employee with a written statement of the particulars of the employee's terms of employment. It also provides that an employer must notify the employee of any changes in the particulars as given in the statement.
The Organisation of Working Time Act, 1997, entitles all employees, other than those in parttime/casual employment, to have an immediate entitlement to public holiday benefits. Part-time/casual employees must have worked at least 40 hours in the five weeks ending on the day before the public holiday to qualify for public holiday benefit.
An employee is entitled to whichever of the following his-her employer determines: (a) a paid day off on that day; (b) a paid day off within a month of that day; (c) an additional day of annual leave; (d) an additional day's pay.
In the event that nurses employed in private nursing homes do not receive their entitlements under either of the Acts referred to above, it is open to them to pursue complaints to a Rights Commissioner. The Rights Commissioner Service may be contacted at Tom Johnson House, Had-dington Road, Dublin 4.
