Part-Time Workers
Protection of Employees (Part-Time Work) Act 2001
PART 1
PRELIMINARY AND GENERAL
Short title, collective citation and construction.
1.—(1) This Act may be cited as the Protection of Employees (Part-Time Work) Act, 2001.
(2) In so far as it relates to the Minimum Notice and Terms of Employment Acts,
1973 and 1984, this Act and those Acts shall be construed together as one and may
be cited together as the Minimum Notice and Terms of Employment Acts, 1973 to
2001.
(3) In so far as it relates to the Protection of Employees (Employers’ Insolvency)
Acts, 1984 and 1990, this Act and those Acts shall be construed together as one and
may be cited together as the Protection of Employees (Employers’ Insolvency) Acts,
1984 to 2001.
(4) In so far as it relates to the Redundancy Payments Acts, 1967 to 1990, this Act
and those Acts shall be construed together as one and may be cited together as the
Redundancy Payments Acts, 1967 to 2001.
(5) In so far as it relates to the Terms of Employment (Information) Act, 1994, this
Act and that Act shall be construed together as one and may be cited together as the
Terms of Employment (Information) Acts, 1994 and 2001.
(6) In so far as it relates to the Unfair Dismissals Acts, 1977 to 1993, this Act and
those Acts shall be construed together as one and may be cited together as the Unfair
Dismissals Acts, 1977 to 2001.
(7) In so far as it relates to the Worker Participation (State Enterprises) Acts, 1977
to 1993, this Act and those Acts shall be construed together as one and may be cited
together as the Worker Participation (State Enterprises) Acts, 1977 to 2001.
Commencement.
2.—This Act shall come into operation on such day or days as the Minister may
appoint by order or orders either generally or with reference to any particular purpose
or provision and different days may be so appointed for different purposes or different
provisions.
Interpretation (General)
(generally).
3.—(1) In this Act, unless the context otherwise requires—
“collective agreement” means an agreement by or on behalf of an employer on the
one hand, and by or on behalf of a body or bodies representative of the employees
to whom the agreement relates on the other hand;
“conditions of employment” includes conditions in respect of remuneration and
matters related thereto (and, in relation to any pension scheme or arrangement,
includes conditions for membership of the scheme or arrangement and entitlement
to rights thereunder and conditions related to the making of contributions to the
scheme or arrangement);
“contract of employment” means—
(a) a contract of service or apprenticeship, and
(b) any other contract whereby an individual agrees with another person, who is
carrying on the business of an employment agency within the meaning of
the Employment Agency Act, 1971, and is acting in the course of that business,
to do or perform personally any work or service for a third person (whether
or not the third person is a party to the contract),
whether the contract is express or implied and, if express, whether it is oral or in
writing;
“employee” means a person of any age who has entered into or works under (or,
where the employment has ceased, entered into or worked under) a contract of
employment and references, in relation to an employer, to an employee shall be
construed as references to an employee employed by that employer; and for the
purposes of this Act, a person holding office under, or in the service of, the State
(including a civil servant within the meaning of the Civil Service Regulation Act, 1956)
shall be deemed to be an employee employed by the State or Government, as the
case may be, and an officer or servant of a local authority for the purposes of the
Local Government Act, 1941, or of a harbour authority, health board or vocational
education committee shall be deemed to be an employee employed by the authority,
board or committee, as the case may be;
“employer” means, in relation to an employee, the person with whom the employee
has entered into or for whom the employee works under (or, where the employment
has ceased, entered into or worked under) a contract of employment, subject to the
qualification that the person who under a contract of employment referred to in
paragraph (b) of the definition of “contract of employment” is liable to pay the wages
of the individual concerned in respect of the work or service concerned shall be
deemed to be the individual’s employer;
“Framework Agreement” means the Framework Agreement on part-time work
concluded by UNICE, CEEP and the ETUC annexed to Directive 97/81/EC of 15
December, 1997 of the Council of the European Communities;
“Minister” means the Minister for Enterprise, Trade and Employment;
“prescribed” means prescribed by regulations made by the Minister under this Act;
“relevant enactment” means—
(a) the Carer’s Leave Act, 2001,
(b) the Minimum Notice and Terms of Employment Acts, 1973 and 1984,
(c) the Protection of Employees (Employers’ Insolvency) Acts, 1984 and 1990,
(d) the Redundancy Payments Acts, 1967 to 1990,
(e) the Terms of Employment (Information) Act, 1994,
(f) the Unfair Dismissals Acts, 1977 to 1993, or
(g) the Worker Participation (State Enterprises) Acts, 1977 to 1993;
“remuneration”, in relation to an employee, includes—
(a) any consideration, whether in cash or in kind, which the employee receives,
directly or indirectly, from the employer in respect of the employment, and
(b) any amounts the employee will be entitled to receive on foot of any pension
scheme or arrangement.
(2) In this Act—
(a) a reference to a Part or section is a reference to a Part or section of this Act
unless it is indicated that reference to some other enactment is intended,
(b) a reference to a subsection, paragraph or subparagraph is a reference to the
subsection, paragraph orsubparagraph of the provision in which the reference
occurs, unless it is indicated that reference to some other provision is
intended, and
(c) a reference to any enactment shall be construed as a reference to that enactment
as amended, adapted or extended by or under any subsequent enactment
(including this Act).
Regulations and orders.
4.—(1) The Minister may make regulations prescribing any matter or thing which
is referred to in this Act as prescribed or to be prescribed or for the purpose of
enabling any provision of this Act to have full effect.
(2) Regulations under this Act may make different provisions in relation to different
classes of employees or employers, different areas or otherwise by reference to the
different circumstances of the matter.
(3) A regulation or order under this Act may contain such incidental, supplementary
and consequential provisions as appear to the Minister to be necessary or expedient.
(4) The Minister may by order amend or revoke an order under this Act (including
an order under this subsection).
(5) A regulation or order under this Act (other than an order under section 2) shall
be laid before each House of the Oireachtas as soon as may be after it is made and,
if a resolution annulling that regulation or order is passed by either such House
within the next 21 days on which that House has sat after the regulation or order is
laid before it, the regulation or order shall be annulled accordingly, but without
prejudice to the validity of anything previously done thereunder.
Repeal. 5.—The Worker Protection (Regular Part-Time Employees) Act, 1991, is repealed.
Expenses. 6.—The expenses incurred by the Minister in the administration of this Act shall,
to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys
provided by the Oireachtas.
PART 2
PART-TIME WORK AND THE RIGHTS OF PART-TIME EMPLOYEES
Interpretation (Re Rights of Part-time Workers)
(Part 2).
7.—(1) In this Part—
“agency worker” means an employee whose contract of employment is of the kind
mentioned in paragraph (b) of the definition of “contract of employment” in section 3;
“associated employer” shall be construed in accordance with subsection (5);
“comparable employee” shall be construed in accordance with subsection (2);
“full-time employee” means an employee who is not a part-time employee;
“normal hours of work” means, in relation to an employee, the average number of
hours worked by the employee each day during a reference period;
“part-time employee” means an employee whose normal hours of work are less than
the normal hours of work of an employee who is a comparable employee in relation
to him or her;
“reference period” means a period which complies with the following conditions:
(a) the period is of not less than 7 days nor more than 12 months duration,
(b) the period is the same period by reference to which the normal hours of work
of the other employee referred to in the definition of “part-time employee”
in this section is determined, and
(c) the number of hours worked by the employee concerned in the period constitutes
the normal number of hours worked by the employee in a period of
that duration;
“relevant part-time employee” shall be construed in accordance with subsection (2).
(2) For the purposes of this Part, an employee is a comparable employee in relation
to the employee firstly mentioned in the definition of “part-time employee” in this
section (the “relevant part-time employee”) if—
(a) the employee and the relevant part-time employee are employed by the same
employer or associated employers and one of the conditions referred to in
subsection (3) is satisfied in respect of those employees,
(b) in case paragraph (a) does not apply (including a case where the relevant parttime
employee is the sole employee of the employer), the employee is
specified in a collective agreement, being an agreement that for the time
being has effect in relation to the relevant part-time employee, to be a type
of employee who is to be regarded for the purposes of this Part as a comparable
employee in relation to the relevant part-time employee, or
(c) in case neither paragraph (a) nor (b) applies, the employee is employed in the
same industry or sector of employment as the relevant part-time employee
is employed in and one of the conditions referred to in subsection (3) is
satisfied in respect of those employees,
and references in this Part to a comparable full-time employee in relation to a parttime
employee shall be construed accordingly.
(3) The following are the conditions mentioned in subsection (2)—
(a) both of the employees concerned perform the same work under the same or
similar conditions or each is interchangeable with the other in relation to
the work,
(b) the work performed by one of the employees concerned is of the same or a
similar nature to that performed by the other and any differences between
the work performed or the conditions under which it is performed by each,
either are of small importance in relation to the work as a whole or occur
with such irregularity as not to be significant, and
(c) the work performed by the relevant part-time employee is equal or greater in
value to the work performed by the other employee concerned, having regard
to such matters as skill, physical or mental requirements, responsibility and
working conditions.
(4) If the relevant part-time employee is an agency worker then the application of
subsection (3) shall not result in any employee, other than another agency worker,
being regarded, for the purposes of this Part, as a comparable employee in relation
to him or her (and likewise, if the relevant part-time employee is a non-agency
worker, the application of that subsection shall not result in an agency worker being
regarded, for the purposes of this Part, as a comparable employee in relation to the
relevant part-time employee).
(5) For the purposes of this Part, 2 employers shall be taken to be associated if one
is a body corporate of which the other (whether directly or indirectly) has control or
if both are bodies corporate of which a third person (whether directly or indirectly)
has control.
Application of relevant enactments.
8.—Each relevant enactmentshall apply to a part-time employee in the same manner,
and subject to the like exceptions not inconsistent with this section, as it applies,
other than by virtue of this Act, to an employee to whom that enactment relates.
Conditions of employment for part-time employees.
9.—(1) Subject to subsection (2) and (4) and section 11(2), a part-time employee
shall not, in respect of his or her conditions of employment, be treated in a less
favourable manner than a comparable full-time employee.
(2) Without prejudice to section 11(2), if treating a part-time employee, in respect
of a particular condition of employment, in a less favourable manner than a comparable
full-time employee can be justified on objective grounds then that employee may,
notwithstanding subsection (1), be so treated.
(3) Nothing in subsection (2) shall be construed as affecting the application of a
relevant enactment, by virtue of section 8, to a part-time employee.
(4) Subsection (1) shall, in so far, but only in so far, as it relates to any pension
scheme or arrangement, not apply to a part-time employee whose normal hours of
work constitute less than 20 per cent of the normal hours of work of a comparable
full-time employee.
(5) For the avoidance of doubt, the reference in this section to a comparable fulltime
employee is a reference to such an employee either of the opposite sex to the
part-time employee concerned or of the same sex as him or her.
Proportionate provision of certain conditions of employment.
10.—(1) The extent to which any condition of employment referred to in subsection
(2) is provided to a part-time employee for the purposes of complying with section
9(1) shall be related to the proportion which the normal hours of work of that
employee bears to the normal hours of work of the comparable full-time employee
concerned.
(2) The condition of employment mentioned in subsection (1) is a condition of
employment the amount of the benefit of which (in case the condition is of a monetary
nature) or the scope of the benefit of which (in any other case) is dependent on the
number of hours worked by the employee.
(3) For the avoidance of doubt, neither this section nor any other provision of this
Act affects the operation of Part III of the Organisation of Working Time Act, 1997.
Part-time employees who work on a casual basis.
11.—(1) This section applies to a part-time employee who—
(a) works on a casual basis, and
(b) does not fall within a class of employee prescribed under subsection (7).
(2) Notwithstanding section 9(1), a part-time employee to whom this section applies
may, if such less favourable treatment can be justified on objective grounds, be
treated, in respect of a particular condition of employment, in a less favourable
manner than a comparable full-time employee.
(3) Nothing in subsection (2) shall be construed as affecting the application of a
relevant enactment, by virtue of section 8, to a part-time employee.
(4) For the purposes of this section, a part-time employee shall, at a particular time,
be regarded as working on a casual basis if—
(a) at that time—
(i) he or she has been in the continuous service of the employer for a period
of less than 13 weeks, and
(ii) that period of service and any previous period of service by him or her
with the employer are not of such a nature as could reasonably be
regarded as regular or seasonal employment,
or
(b) by virtue of his or her fulfilling, at that time, conditions specified in an approved
collective agreement that has effect in relation to him or her, he or she is
regarded for the purposes of that agreement as working on such a basis.
(5) In subsection (4)(b), “approved collective agreement” means a collective
agreement that stands approved of by the Labour Court under the Schedule to this
Act.
(6) For the purposes of subsection (4)(a), the service of an employee in his or her
employment shall be deemed to be continuous unless that service is terminated by—
(a) the dismissal of him or her by the employer, or
(b) the employee voluntarily leaving his or her employment.
(7) The Minister shall from time to time cause to be reviewed, in such manner as
he or she determines, the operation of this section in relation to part-time employees
and may, following such a review, subject to subsection (9), prescribe a class or
classes of such employee to be a class or classes of employee to whom this section
shall not apply.
(8) In determining the manner in which such a review shall be carried out, the
Minister shall consult with such organisations representative of employers, such
organisations representative of employees, and such other bodies as the Minister
considers appropriate and, before making regulations under this section, the Minister
shall consult with such organisations and bodies in relation to the terms of the
proposed regulations.
(9) The Minister shall not make regulations under this section unless the results of
the review concerned referred to in subsection (7), in the Minister’s opinion, show
that there cannot, in ordinary circumstances, be objective grounds for treating the
class or classes of employees to whom the regulations relate in a less favourable
Objective grounds for less favourable treatment.
12.—(1) A ground shall not be regarded as an objective ground for the purposes of
any provision of this Part unless it is based on considerations other than the status
of the employee concerned as a part-time employee and the less favourable treatment
which it involves for that employee is for the purpose of achieving a legitimate
objective of the employer and such treatment is appropriate and necessary for that
purpose.
(2) For the avoidance of doubt, a ground which does not constitute an objective
ground for the purposes of section 9(2) may be capable of constituting an objective
ground for the purposes of section 11(2).
Review of obstacles to the performance of part-time work.
13.—(1) The Commission may, and at the request of the Minister shall, study every
industry and sector of employment for the purposes of identifying obstacles that may
exist in that industry or sector to persons being able to perform part-time work in
that industry or sector and make recommendations as to how any such obstacles so
identified could be eliminated.
(2) The Commission shall report to the Minister in relation to any study and
recommendations made by it under subsection (1) (whether that study and those
recommendations have been made of its own volition or not) and shall publish, in
such manner as it thinks appropriate, that study and those recommendations.
(3) Any such publication may include such practical guidance for the industries and
sectors of employment concerned with regard to the steps that may be taken to
implement the recommendations of the Commission as the Commission thinks
appropriate.
(4) In formulating recommendations under subsection (1), the Commission shall
invite such organisations representative of employers, such organisations representative
of employees, and such other bodies as the Commission considers appropriate,
to make submissions, whether orally or in writing, to it in relation to the proposed
recommendations, and shall have regard to any submissions made to it, in response
to the invitation, by such organisations or bodies.
(5) The Commission shall, after consultation with organisations and bodies of the
kind referred to in subsection (4), determine the extent to which the preparation of
a code of practice under this subsection with respect to the steps that could be taken
by employers for the purposes of Clause 5.3 of the Framework Agreement would, in
its opinion, be of practical benefit to employees and employers and may, if in its
opinion the preparation of such code would be of sufficient practical benefit to those
persons, prepare and publish such a code accordingly.
(6) The Commission may, after consultation with the organisations and bodies
referred to in subsection (5), amend or revoke, or replace with another code of
practice thereunder, a code of practice under subsection (5); the Commission shall
publish any such replacement code or, as appropriate, publish notice of the making
of any such amendment and its nature or any such revocation, as the case may be.
(7) In this section—
“Commission” means the Labour Relations Commission;
“obstacles” includes obstacles arising by virtue of the operation of any enactment
and the following of any practice;
“part-time work” means work which, if it were performed, would result in the person
performing it being regarded as a part-time employee for the purposes of this Act.
Voidance of certain provisions.
14.—Save as expressly provided otherwise in this Act, a provision in an agreement
(whether a contract of employment or not and whether made before or after the
commencement of the provision concerned of this Act) shall be void in so far as it
purports to exclude or limit the application of, or is inconsistent with, any provision
of this Act.
Prohibition of penalisation of employee by employer.
15.—(1) An employer shall not penalise an employee—
(a) for invoking any right of the employee to be treated, in respect of the
employee’s conditions of employment, in the manner provided for by this
Part, or
(b) for having in good faith opposed by lawful means an act which is unlawful
under this Act, or
(c) for refusing to accede to a request by the employer to transfer from performing—
(i) full-time work to performing part-time work, or
(ii) part-time work to performing full-time work,
or
(d) for giving evidence in any proceedings under this Act or giving notice of his
or her intention to do so or to do any other thing referred to in paragraph
(a), (b) or (c).
(2) For the purposes of this section, an employee is penalised if he or she—
(a) is dismissed, suffers any unfavourable change in his or her conditions of
employment or any unfair treatment (including selection for redundancy),
or
(b) is the subject of any other action prejudicial to his or her employment,
but, where any such action with regard to the employee is in respect of the matter
referred to in subsection (1)(c), that action shall not constitute a penalisation of the
employee if both of the following conditions are complied with—
(i) having regard to all the circumstances, there were substantial grounds both
to justify the employer’s making the request concerned and the employer’s
taking that action consequent on the employee’s refusal, and
(ii) the taking of that action is in accordance with the employee’s contract of
employment and the provisions of any other enactment of the kind to which
section 20(2) applies.
(3) If a penalisation of an employee, in contravention of subsection (1), constitutes
a dismissal of the employee within the meaning of the Unfair Dismissals Acts, 1977
to 1993, relief may not be granted to the employee in respect of that penalisation
both under this Part and under those Acts.
(4) In this section—
“full-time work” means work which, if it were performed, would result in the person
performing it being regarded as a full-time employee for the purposes of this Act;
“part-time work” has the same meaning as it has in section 13.
Complaints to rights commissioner.
16.—(1) An employee or any trade union of which the employee is a member, with
the consent of the employee, may present a complaint to a rights commissioner that
the employee’s employer has contravened section 9 or 15 in relation to the employee
and, if the employee or such a trade union does so, the commissioner shall give the
parties an opportunity to be heard by the commissioner and to present to the
commissioner any evidence relevant to the complaint, shall give a decision in writing
in relation to it and shall communicate the decision to the parties.
(2) A decision of a rights commissioner under subsection (1) shall do one or more
of the following—
(a) declare that the complaint was or, as the case may be, was not well founded,
(b) require the employer to comply with the relevant provision,
(c) require the employer to pay to the employee compensation of such amount
(if any) as is just and equitable having regard to all the circumstances, but
not exceeding 2 yearsremuneration in respect of the employee’s employment,
and the references in the foregoing paragraphs to an employer shall be construed,
in a case where ownership of the business of the employer changes after the contravention
to which the complaint relates occurred, as references to the person who,
by virtue of the change, becomes entitled to such ownership.
(3) A rights commissioner shall not entertain a complaint under this section if it is
presented to the commissioner after the expiration of the period of 6 months beginning
on the date of the contravention to which the complaint relates or the date of
termination of the contract of employment concerned, whichever is the earlier.
(4) Notwithstanding subsection (3), a rights commissioner may entertain a complaint
under this section presented to him or her after the expiration of the period referred
to in subsection (3) (but not later than 12 months after such expiration) if he or she
is satisfied that the failure to present the complaint within that period was due to
reasonable cause.
(5) A complaint shall be presented by giving notice of it in writing to a rights
commissioner and the notice shall contain such particulars and be in such form as
may be specified from time to time by the Minister.
(6) A copy of a notice under subsection (5) shall be given to the other party
concerned by the rights commissioner concerned.
(7) Proceedings under this section before a rights commissioner shall be conducted
otherwise than in public.
(8) A rights commissioner shall furnish the Labour Court with a copy of each decision
given by the commissioner under subsection (1).
(9) The Minister may by regulations provide for any matters relating to proceedings
under this section that the Minister considers appropriate.
Appeals from and enforcement of decisions of rights commissioner.
17.—(1) A party concerned may appeal to the Labour Court from a decision of a
rights commissioner under section 16 and, if the party does so, the Labour Court shall
give the parties an opportunity to be heard by it and to present to it any evidence
relevant to the appeal, shall make a determination in writing in relation to the appeal
affirming, varying or setting aside the decision and shall communicate the determination
to the parties.
(2) An appeal under this section shall be initiated by the party concerned giving,
within 6 weeks of the date on which the decision to which it relates was communicated
to the party, a notice in writing to the Labour Court containing such particulars as
are determined by the Labour Court under subsection (4) and stating the intention
of the party concerned to appeal against the decision.
(3) A copy of a notice under subsection (2) shall be given by the Labour Court to
the other party concerned as soon as may be after the receipt of the notice by the
Labour Court.
(4) The following matters, or the procedures to be followed in relation to them,
shall be determined by the Labour Court, namely—
(a) the procedure in relation to all matters concerning the initiation and the
hearing by the Labour Court of appeals under this section,
(b) the times and places of hearings of such appeals,
(c) the representation of the parties to such appeals,
(d) the publication and notification of determinations of the Labour Court,
(e) the particulars to be contained in a notice under subsection (2), and
(f) any matters consequential on, or incidental to, the foregoing matters.
(5) The Minister may, at the request of the Labour Court, refer a question of law
arising in proceedings before it under this section to the High Court for determination
by the High Court and the determination of that Court shall be final and conclusive.
(6) A party to proceedings before the Labour Court under this section may appeal
to the High Court from a determination of the Labour Court on a point of law and the
determination of the High Court shall be final and conclusive.
(7) Section 39(17) of the Redundancy Payments Act, 1967, shall apply in relation to
proceedings before the Labour Court under this Part as it applies to matters referred
to the Employment Appeals Tribunal under that section with—
(a) the substitution in that provision of references to the Labour Court for references
to the Tribunal,
(b) the deletion in paragraph (d) of that provision of “registered”, and
(c) the substitution in paragraph (e) of that provision of “a fine not exceeding
€1,900” for “a fine not exceeding twenty pounds”.
(8) Where a decision of a rights commissioner in relation to a complaint under this
Act has not been carried out by the employer concerned in accordance with its terms,
the time for bringing an appeal against the decision has expired and no such appeal
has been brought, F1[the employee concerned may bring the complaint] before the
Labour Court and the Labour Court shall, without hearing the employer concerned or
any evidence (other than in relation to the matters aforesaid) make a determination
to the like effect as the decision.
(9) The bringing of a complaint before the Labour Court under subsection (8) shall
be effected by giving to the Labour Court a notice in writing containing such particulars
(if any) as may be determined by the Labour Court.
(10) The Labour Court shall publish, in such manner as it thinks fit, particulars of
any determination made by it under paragraphs (a), (b), (c), (e) and (f) of subsection
(4) (not being a determination as respects a particular appeal under this section) and
19(3), commenced on enactment.
Enforcement of determinations of Labour Court.
18.—(1) If an employer fails to carry out in accordance with its terms a determination
of the Labour Court in relation to a complaint under section 16 within 6 weeks from
the date on which the determination is communicated to the parties, the Circuit Court
shall, on application to it in that behalf by—
(a) the employee concerned,
(b) with the consent of the employee, any trade union of which the employee is
a member, or
(c) the Minister, if the Minister considers it appropriate to make the application
having regard to all the circumstances,
without hearing the employer or any evidence (other than in relation to the matters
aforesaid), make an order directing the employer to carry out the determination in
accordance with its terms.
(2) The reference in subsection (1) to a determination of the Labour Court is a
reference to such a determination in relation to which, at the expiration of the time
for bringing an appeal against it, no such appeal has been brought or, if such an appeal
has been brought it has been abandoned and the references to the date on which the
determination is communicated to the parties shall, in a case where such an appeal
is abandoned, be construed as references to the date of such abandonment.
(3) The Circuit Court may, in an order under this section, if in all the circumstances
it considers it appropriate to do so, where the order relates to the payment of
compensation, direct the employer concerned to pay to the employee concerned
interest on the compensation at the rate referred to in section 22 of the Courts Act,
1981, in respect of the whole or any part of the period beginning 6 weeks after the
date on which the determination of the Labour Court is communicated to the parties
and ending on the date of the order.
(4) An application under this section to the Circuit Court shall be made to the judge
of the Circuit Court for the circuit in which the employer concerned ordinarily resides
or carries on any profession, business or occupation.
Non-application of sections 16 to 18.
19.—Sections 16 to 18 shall not apply to a member of the Defence Forces.
PART 3
MISCELLANEOUS
Posted workers
20.—(1) In this section, the “Directive” means Directive 96/71/EC of the European
Parliament and of the Council of 16 December 1996 concerning the posting of workers
in the framework of the provision of services.
(2) For the avoidance of doubt, every enactment referred to in subsection (3) that
confers rights or entitlements on an employee applies and shall be deemed always
to have applied to—
(a) a posted worker (within the meaning of the Directive), and
(b) a person, irrespective of his or her nationality or place of residence, who—
(i) has entered into a contract of employment that provides for his or her
being employed in the State,
(ii) works in the State under a contract of employment, or
(iii) where the employment has ceased, entered into a contract of employment
referred to in subparagraph (i) or worked in the State under a contract of
employment,
in the same manner, and subject to the like exceptions not inconsistent with this
subsection, as it applies and applied to any other type of employee.
(3) The enactment mentioned in subsection (2) is one the principal functions under
which are vested (disregarding functions vested in the Labour Court, the Employment
Appeals Tribunal or any other person who is not a Minister of the Government or a
Minister of State) in—
(a) the Minister or a Minister of State at the Department of Enterprise, Trade and
Employment, or
(b) the Minister for Justice, Equality and Law Reform or a Minister of State at the
Department of Justice, Equality and Law Reform.
Amendment of section 14(2) of Protection of Employment Act, 1977.
21.—Section 14(2) of the Protection of Employment Act, 1977, is amended by the
substitution for “£3,000” of “€12,500”.
SCHEDULE
Approval of Collective Agreements
Approval of Collective Agreements for Purposes of section 11(4)
1. In this Schedule, “collective agreement” means a collective agreement referred
to in section 11(5).
2. (1) On an application being made in that behalf by any of the parties thereto,
the Labour Court may, subject to the provisions of this Schedule, approve of a
collective agreement.
(2) On receipt of an application under this paragraph, the Labour Court shall consult
such representatives of employees and employers as it considers to have an interest
in the matters to which the collective agreement, the subject of the application,
relates.
(3) The Labour Court shall not approve of a collective agreement unless the
following conditions are fulfilled as respects that agreement, namely—
(a) the Labour Court is satisfied that it is appropriate to approve of the agreement
having regard to Clause 2.2 of the Framework Agreement,
(b) the agreement has been concluded in a manner usually employed in determining
the pay or other conditions of employment of employees in the employment
concerned,
(c) the body which negotiated the agreement on behalf of the employees concerned
is the holder of a negotiation licence under the Trade Union Act, 1941, or is
an excepted body within the meaning of that Act which is sufficiently representative
of the employees concerned,
(d) the agreement is in such form as appears to the Labour Court to be suitable
for the purposes of the agreement being approved of under this section.
(4) Where the Labour Court is not satisfied that the condition referred to in clause
(a) or (d) of subparagraph (3) is fulfilled in relation to a collective agreement, the
subject of an application under this paragraph (but is satisfied that the other conditions
referred to in subparagraph (3) are fulfilled in relation to the agreement), it may
request the parties to the agreement to vary the agreement in such manner as will
result in the said condition being fulfilled and if those parties agree so to vary the
agreement and vary it, accordingly, the Labour Court shall approve of the agreement
as so varied.
3. Where a collective agreement which has been approved of under this Schedule
is subsequently varied by the parties thereto, any of the said parties may apply to
the Labour Court to have the agreement, as so varied, approved of by the Labour
Court under this Schedule and the provisions of this Schedule shall apply to such an
application as they apply to an application under paragraph 2.
4. The Labour Court may withdraw its approval of a collective agreement under this
Schedule where it is satisfied that there are substantial grounds for so doing.
5. The Labour Court shall determine the procedures to be followed by a person in
making an application under paragraph 2 or 3, by the Labour Court in considering
any such application or otherwise performing any of its functions under this Schedule
and by persons generally in relation to matters falling to be dealt with under this
Schedule.
6. The Labour Court shall publish, in such manner as it thinks fit, particulars of the
procedures referred to in paragraph 5.
7. The Labour Court shall establish and maintain a register of collective agreements
standing approved of by it under this Schedule and such a register shall be made
available for inspection by members of the public at all reasonable times.