Vol. 445 No. 9
158 Mr. E. Byrne asked the Minister for Enterprise and Employment, in the case of casual workers, whether the Department of Social Welfare or the employer is responsible for payment for bank holidays; the circumstances in which either party is responsible; and the steps, if any, an employee might take to ensure that he/she is paid for bank holidays in the case of non-payment. [1608/94]
The Holiday (Employees) Acts, 1973-1991 provide for entitlement to nine public holidays. There is no entitlement under labour legislation to payment for bank holidays as such but, with the exception of Good Friday, all bank holidays are also designated as public holidays.
The Acts provide that, in respect of a public holiday, most full-time and part-time employees are entitled to receive from their employer:
(i) a paid day off on that day, or
(ii) a paid day off within a month, or
(iii) an extra day's annual leave or
(iv) an extra day's pay
as the employer may decide.
In the case of day to day and certain part-time employments, the employee must have worked for the employer for at least 120 hours (110 if the employee is under 18 years) during the five weeks ending on the day before the public holiday in order to qualify for public holiday entitlement from the employer.
An employee who qualifies for public holidays under the Acts must be given, by the employer, one of the four options set out at (i)-(iv) above, as the employer may decide. Any employee who considers that his/her employer has not complied with the holidays legislation in respect of public holiday entitlement may refer a complaint to my Department. My Department will investigate the complaint and, where necessary, legal proceedings may be instituted against the employer.
The question of entitlement to payment from the Department of Social Welfare in respect of bank holidays is a matter for the Minister for Social Welfare.
