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06 Sept 2025

Tipperary councillors vote in support of Section 39 staff

The motion was put forward at a recent sitting of the full Tipperary County Council

Tipperary councillors vote in support of Section 39 staff

Tipperary County Council has passed a motion to write to the Minister for Health in support of pay parity Section 39 staff.

Currently, Section 39 workers do not work under the same conditions or for the same compensation as their Section 38.
Section 39 refers to the legislation that funds the service and is sometimes called the voluntary sector. Section 38 workers are HSE employees.

Councillor Annmarie Ryan said she put forward the motion at a recent sitting of the Tipperary County Council plenary meeting, so as to “keep the issue to the fore.”

The motion read:

“That Tipperary County Council write to the Minister for Health to express the council’s full support for Section 39 Organisations and staff and to call on the Minister to restore full pay parity to these workers.

“Under 2008, workers in these agencies received pay increases under the national minimum wage agreements.

“At the onset of the financial crisis, they were subject to pay cuts in line with the same cuts applied to public sector pay.

“Many section 39 workers have still not received pay restoration and are looking for pay parity with Section 38 workers (HSE workers) who perform the same duties.

“Section 39 agencies who are funded under Section 39 of the Health Act, 2004, provide a range of residential and day services for people with disabilities, mental health, addiction, domestic and sexual violence services, and other supports under service level agreements with the HSE.

“Pay inequality is leading to recruitment issues, existing staff burnout and a reduction in vital services they provide.”

Cllr Seamus Hanafin said he would support the motion but said the issue went ‘beyond’ pay.

He said Section 39 workers do not get the same benefits in terms of travel allowance and are often subject to zero-hour contracts.

He asked that conditions and benefits be added to the motion, should it pass.

“All of those people have to negotiate their rates with the HSE, and that needs to be looked at, said Cllr Hanafin.

Cllr Pat English, who also supported the motion, said the situation was “total chaos.”

“It is essential they get back to parity,” said Cllr English.

The motion was proposed by Cllr Annmarie Ryan and seconded by Cllr Seamus Hanafin, and therefore passed.

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