Under section 39 of the Health Act 2004, the HSE provides financial assistance to organisations to provide services similar or supplementary to a service that the HSE may provide. The Department of Health acknowledges the important role that Section 39 organisations and staff play in our health sector. They have a key role in providing services to people with disabilities and older people.
However, Section 39 organisations are privately owned and run and their terms and conditions of employment, once in line with employment legislation, are strictly between the employer and the employee. These organisations were not and are not party to the Public Service Agreements. It is not a matter for the Government to set pay rates in respect of these workers.