Written answers

Tuesday, 22 March 2022

Department of Enterprise, Trade and Employment

Employment Rights

Photo of Seán CanneySeán Canney (Galway East, Independent)
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104. To ask the Minister for Enterprise, Trade and Employment the steps that can be taken against employers that did not give the 18 March bank holiday to staff; if his attention has been drawn to such instances; and if he will make a statement on the matter. [14217/22]

Photo of Damien EnglishDamien English (Meath West, Fine Gael)
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The Government has agreed to have a once-off public holiday on Friday 18thMarch 2022 in recognition of the efforts of the general public and Ireland’s frontline workers during the Covid-19 pandemic and in remembrance of people who lost their lives due to the Covid-19 pandemic.

From next year there will be a new permanent public holiday established in celebration of Imbolc/St. Brigid’s day. This will be the first Monday in every February, except where St. Brigid’s day, the 1st day of February, happens to fall on a Friday, in which case that Friday 1st February will be a public holiday. The Government want to ensure that the new public holiday provides for a long weekend for people. The first St. Brigid’s day public holiday will be Monday 6th February 2023.

The legislation which provides for public holidays is the Organisation of Working Time Act 1997. Section 21 of the Act provides that:

(1) Subject to the provisions of this section, an employee shall, in respect of a public holiday, be entitled to whichever one of the following his or her employer determines, namely—

(a) a paid day off on that day,

(b) a paid day off within a month of that day,

(c) an additional day of annual leave,

(d) an additional day’s pay:

Ireland has a comprehensive body of employment legislation, in respect of which the Workplace Relations Commission is mandated to secure compliance.

Where an individual believes they are being deprived of employment rights applicable to employees they may refer a complaint to the Workplace Relations Commission (WRC) where the matter can be dealt with by way of mediation or adjudication leading to a decision that is enforceable through the District Court. WRC inspectors can also be asked to investigate certain breaches. Complaints can be made on a single online complaint form available at the WRC’s website . 

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