3597. Deputy Mark Ward asked the Minister for Health her stance on section 38 bodies issuing and enforcing 39 hours-per-week contracts on health and social care professionals despite directive from the HSE that these posts are funded for 35 hours-per-week. [61829/26]

I would like to thank the Deputy for their question.

The terms and conditions of employment applicable to health and social care professionals employed in the public health service are governed by relevant legislation, public service agreements and national sectoral arrangements.

I am advised that the restoration of pre-Haddington Road working hours was implemented across all public health service employers, including Section 38 organisations, in accordance with the relevant national agreements and circulars. The Health Service Executive has issued guidance to employers regarding the implementation of these arrangements.

Section 38 organisations are independent employers with responsibility for the management of their staff, including the administration of contracts of employment, subject to applicable statutory and national industrial relations frameworks.

I am advised by the HSE that the restoration of working hours was implemented in accordance with the relevant national agreements and circulars, and that there is no requirement to issue a new employment contract solely for the purpose of implementing a provision of such an agreement.

Any issues relating to the application of contractual terms by an individual employer would, in the first instance, be a matter for that employer.