Is he a director of a company that has other employees, or is he really a self employed contractor? Can he choose which sites he works on any given day, or does somebody tell him where to go?
He is a director of the company along with his wife. Usually he is only employee of company but sometimes if busy might take on somebody to help. He can choose himself what jobs he takes on. He really is more like a self employed contractor.
Ah, sorry.
If they work under a standard construction industry federation contract, it's part of their contract.
Edit: to complicate the question a bit, prior to 2013 it was illegal not to pay it, as it was contained in a Registered Employment Agreement. However, they were found to be unconstitutional in 2013. So if your contract is pre 2013, it should be in there, but after then it wasn't an obligation to have it.
I think it's down to whether or not it's in the employment contract. I've stayed well beyond my knowledge here.
I think there used to be a standard CIF contract that covered the REA, and all employers used (or included) that. I'm not sure if that's still the case.