Ms Marguerite Bolger:

No. We have not explored the language in our presentation although we did in our written submission. The language suggests applying for hours. The way in which the Bill is drafted excludes the concept of mutuality of obligation, which is central to the existence of a contract of employment. It means that the employer has a right to expect the employee to be available for work and the employee has a right to work and to be paid. Without mutuality of obligation there is no contract of employment. The way the Bill is drafted is to refer to making an application for these extra hours which does not go so far as to say that the extra hours become part of the contract. We would be strongly of the view that the increase in hours where an employee chooses to seek them should be put on a contractual footing.