asked the Minister for Industry and Commerce if he is aware that a large number of quay workers, dockers and ship workers are not now benefiting by the provisions of the Holidays (Employees) Act, 1939; and if he will see that the provisions of the Act will be extended to these classes of workers.
Ceisteanna.—Questions. Oral Answers. - Holidays for Workers.
The difficulty of bringing casual workers who have recurring periods of unemployment, within the scope of the Holidays (Employees) Act, 1939, is obvious. This difficulty is accentuated in the case of casual dockers who are not infrequently employed by different employers on different days in the same week. In September of last year, by arrangement with the trade unions concerned, a test case was brought to the court in respect of dockers and the court held that casual dockers are not covered by the Act.
As the difficulty created by the discontinuity of employment amongst such workers has not been reduced by the circumstances caused by the present emergency, I do not at present consider it practicable to attempt the amendment of the Holidays Act.
Mr. Byrne
Is the Minister aware that dockers who enjoyed holidays last year have now received notice that they are not qualified to get holidays this year? Will the Minister look into the point and give it his consideration?
The rights of dockers and other classes of workers are set out in the Act. If workers are qualified for holidays or for cesser pay in accordance with the provisions of the Act, they cannot be deprived of them. They can enforce their right in the courts. If they are not so qualified, I cannot secure the rights for them.
The Minister will remember that when the Bill was passing through this House he was told of the difficulties with regard to dockers in that respect. It was pointed out to him that a docker could work for a particular stevedore for 1,000 hours in the year and might work for the other 800 hours for another stevedore, and still get no holidays because of working for two different employers.
In preparing the Act, we went a long way towards trying to meet the difficulty by the provision of cesser pay where a certain period of continuous work had taken place. It is obviously very difficult to apply provisions, which are designed to deal with the circumstances of workers in regular employment, to casual workers of this kind, who are frequently employed by different employers and whose greatest difficulty is an excess of holidays without pay.
Some of the employers are prepared to come together in a pooling arrangement so as to give dockers the benefit of holidays, but the Act will not permit them to do so.
The Act does not prevent an employer giving workers anything.
The position is that some employers do not want to do anything while others do.
The Deputy must not think that the Act prevents an employer from doing anything. It requires him to give certain benefits.
I suggest that it is about time to amend the Act.
The Deputy knows that not merely have officers of my Department, but officials of a number of trade unions catering for dockers have given their attention to the methods by which benefits of this kind could be secured for dockers without arriving at any practical scheme.
That is in the hands of the Minister.
asked the Minister for Industry and Commerce if he will consider introducing legislation granting holidays with pay to dairy workers and farm labourers.
Creamery workers and other workers doing industrial work in dairies come within the scope of the Holidays (Employees) Act, 1939. When that Act was being framed the desirability of bringing within its scope agricultural workers, including farm workers and dairy workers, was fully considered, and it was decided that, having regard to the conditions under which farm work is carried on in this country, that course was impracticable.