asked the Minister for Industry and Commerce whether the provisions of the Conditions of Employment Act, 1936 with regard to hours of work, short day, annual leave and public holidays apply to full-time waterworks caretakers employed by local authorities.
Ceisteanna—Questions. Oral Answers. - Waterworks Caretakers.
19.
If the workers in question do any industrial work in the course of their employment, the provisions of the Conditions of Employment Acts 1936 and 1944 relating to hours of work and the short day would apply to them. It depends therefore on the nature of the duties in each case whether or not the Acts apply.
The Holidays (Employees) Act, 1961, confers entitlement to annual holidays and public holidays with pay on these workers.
Is the Minister not aware that the people referred to and who are employed by local authorities in fact do the type of industrial work which qualifies them? Will the Minister state if there is any way in which he can help in having the terms of the Act related to these employees?
I am not familiar, naturally, with the scope of duties of waterkeepers but the Act provides that people who do work in connection with the storage and distribution of water can be deemed to be industrial workers. There are certain types of activities that would be regarded as industrial work and if these people can show they do such work, they can certainly be classed as industrial workers.
Is the Minister aware that these people in most cases are working seven days a week for 365 days in the year? Can he give any idea as to how this matter can be rectified because, apparently the local authorities do not seem to be too anxious to apply the terms of the Act to these men?
Qualification under the Act relates to the nature of the work, not to the length of time they take to do it.
I am not referring to the length of time. I am referring to the fact that although they are under the terms of the Act, they are still required to break the law by working seven days a week, including public holidays.