Under section 39 of the Health Act 2004, the HSE has in place Service Level Agreements with voluntary providers which set out the level of service to be provided for the grant to the individual organisation. Any individuals employed by these section 39 organisations are not HSE employees and therefore, the HSE has no role in determining the salaries or other terms and conditions applying to these staff. It should also be made clear that as the staff of these Section 39 organisations are not public servants, they were not subject to the FEMPI legislation which imposed pay reductions or the provisions of the subsequent Public Service Agreements which provided for pay restoration.
It is a matter for Section 39 organisations to negotiate salaries with their staff as part of their employment relationship and within the overall funding available for the delivery of agreed services.