Niall Collins (Limerick County, Fianna Fail)
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50. To ask the Minister for Enterprise, Trade and Employment if an employee and worker who is paid on a commission basis is entitled under Irish employment legislation to holiday pay based on the commission earned; and if he will make a statement on the matter. [1929/23]

Simon Coveney (Cork South Central, Fine Gael)
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The Organisation of Working Time Act 1997 sets out the key parameters around the taking of annual leave and payment of same. The terms and conditions of individual employment contracts may provide additional specifics within those parameters such as stipulations in relation to the entitlement to extra days' leave above what is statutorily required by the Act.

Section 19 of the Act provides that an employee shall be entitled to paid annual leave equal to:

(a) 4 working weeks in a leave year in which he or she works at least 1,365 hours (unless it is a leave year in which he or she changes employment),

(b) One third of a working week for each month in the leave year in which he or she works at least 117 hours, or

(c) 8 per cent of the hours he or she works in a leave year (but subject to a maximum of 4 weeks).

Section 20 (2) of the Organisation of Working Time Act provides that The pay in respect of an employee’s annual leave shall—

(a) be paid to the employee in advance of his or her taking the leave,

(b) be at the normal weekly rate or, as the case may be, at a rate which is proportionate to the normal weekly rate, and

(c) in a case in which board or lodging or, as the case may be, both board and lodging constitute part of the employee’s remuneration, include compensation, calculated at the prescribed rate, for any such board or lodging as will not be received by the employee whilst on annual leave.

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 www.workplacerelations.ie.