Amendment No. 1 is consequential on amendment No. 48 and both may be discussed together by agreement.
SECTION 2.
I move amendment No. 1:
In page 6, subsection (1), line 12, to delete "for convenience of reference, is" and substitute "(other than the second sentence of Article 5) is, for convenience of reference,".
This is a technical amendment because of the ruling of the European Court of Justice which struck out the phrase about Sunday. It is to ensure we have the right text of the directive.
Amendment agreed to.
I move amendment No. 2:
In page 6, subsection (1), line 39, to delete "a year beginning on any 1st day of April" and substitute "such period of 12 months as an employer may designate".
I tabled this amendment because I do not see why the 12 month period should begin on the specific date of 1 April. It should be any 12 month period. It is important that employers, for manpower planning reasons, have the flexibility which my amendment would achieve.
I accept the general point made by the Deputy. However, this definition has worked without any problems since 1973 and is the same as that contained in the Holidays Act. If we accepted the amendment it could have the unintended side effect of postponing the phasing in of holiday entitlements for people in the current year. However, I am willing to look at it for Report Stage in the context of the situation after 1999 — we do not want to upset the scheduling of the phasing in of the holiday requirements.
The Minister of State's response is very reasonable and I am prepared to accept it.
As I indicated, I cannot accept the amendment in its current form because it could have unacceptable side effects on the phasing in of the holiday requirements over the three year period to 1999. However, I am willing to look at a change on Report Stage which would have the effect of this amendment from 1999 onwards.
That is a reasonable response.
Amendment, by leave, withdrawn.
I move amendment No. 3:
In page 7, subsection 1, between lines 1 and 2, to insert the following definitions:
"‘shift work' means any method of organising work in shifts, whereby employees succeed each other at the same work stations according to a certain pattern, including a rotating pattern, and which may be continuous or discontinuous, entailing a need for employees to work at different times over a given period of days or weeks;
‘shift worker' shall mean an employee who engages in shift work;".
I tabled this amendment because the terms "shift work" and "shift worker" should be defined in the Bill as they are in the directive. It is important to clearly define the terms used in the legislation.
My advice is that we do not need this amendment because the directive is an appendix to the Bill. The amendment is superfluous because the definitions in the directive apply as part of the general interpretation.
The Minister of State has a wealth of advice. It is not a major issue with me; I am just anxious to ensure the legislation is correct and covers all aspects of work. If the Minister of State assures me the amendment is not required I will accept her word on that.
Amendment, by leave, withdrawn.
Amendments Nos. 28, 29, 30, 45, 46 and 47 are related to amendment No. 4 and all may be taken together. Is that agreed? Agreed. Members are free to speak on each of these seven amendments and should take the opportunity to refer to any one or all of them.
I move amendment No. 4:
In page 7, subsection (1), between lines 3 and 4, to insert the following definition:
"‘week day' shall mean any day of the week, except Sunday;".
It is important that the Bill clearly defines the term "week day". This is the best definition. We will have the opportunity later to discuss Sunday work, etc. Many workers would wish Sunday to be, in principle, a rest day.
Amendments Nos. 28, 29, 30, 45, 46 and 47 in my name are consequential on amendment No. 4. They are designed to ensure that employees will be entitled to get a public holiday, even if they are never rostered to work on such days. For example, employees who work Tuesdays to Saturdays would not, in normal circumstances, be entitled to public holidays that fall on Mondays. The amendments would ensure that they would have an entitlement to public holidays equal to that of employees who work Mondays to Fridays. This was not catered for in the 1973 Act and it may well be that many employees never got public holidays if they were not rostered to work on those days.
The definition of "week day" is only applicable to section 21. The wording of these amendments removes the need to deal with the point raised by Deputy Kitt in his amendment. Although the European Court of Justice removed the clause in the directive that referred to the inclusion of Sunday in principle, the Bill provides for a premium for Sunday working. It provides that those whose current contracts of employment do not require them to work on Sunday shall not be obliged to do so. We have retained the principle, therefore, that a day of rest should be a Sunday and this is covered by the Bill.
There are other amendments in my name with regard to Sunday which propose an opt out from certain areas. The Minister of State says that my amendment is not required. I have proposals to make Sunday special and different and they can be discussed when the relevant amendments are considered. I will therefore withdraw the amendment.
Amendment, by leave, withdrawn.
Section 2, as amended, agreed to.