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Update on Employment Legislation
Act No. 10 of 2005:
Safety, Health and Welfare at Work Act 2005.
This Act makes further provision for securing the safety, health
and welfare of persons at work. Its principal provisions include
the following:
- it gives further effect to Council Directive 89/391/EEC of 12th
June, 1989 on the introduction of measures to encourage improvements
in the safety and health of workers at work;
- it gives further effect to Council Directive 91/383/EEC of 25
June, 1991 on measures to improve the safety and health at work
of workers with a contract of a fixed duration or temporary employment
relationship;
- it provides for the further regulation of work activities;
- it confers additional functions on the National Authority for
Occupational Health and Safety and officially renames that body
as the Health and Safety Authority (the "Authority");
- it repeals the Safety, Health and Welfare at Work Act, 1989;
- it provides for the repeal of certain other enactments;
- it amends the National Standards Authority of Ireland Act 1996.
The Authority is empowered to authorise inspectors to enter a place
of work to carry out thorough inspections and based on this they
may serve a written improvement notice. Where there is a risk of
serious personal injury to any person the inspector may serve a
prohibition notice, which will prohibit the carrying on of the activity
concerned until the risk has been averted. The Authority may occasionally
compile a list detailing every person on whom a prohibition notice
or order was made. It provides that certain work activities may
be designated by the Authority as needing a licence to engage in
and may only be carried out in accordance with the terms of this
licence.
Employees who have been engaged through employment agencies are
regarded as employees of those employers for whom they carry out
work. In addition, self-employed persons must comply with the Act
in a manner as if they were employers and as if they were their
own employees.
S.I. No. 77 of 2005:
Redundancy Payments Act, 2003 (Commencement) Order 2005.
This implements a number of sections of the Redundancy Payments
Act 2003, including, introducing a new comprehensive RP50 Form which
provides for (and combines the existing forms used for) notice of
redundancy (RP1), certificate of redundancy (RP2), rebate claims
(RP3) and an employee's application for a lump sum from the Social
Insurance Fund (RP14). It provides that in calculating redundancy
service, where there is not an exact number of years, the excess
days are to be calculated and credited as a proportion of a year.
It provides that continuity of service is maintained where there
are certain 'breaks' in employment including any period of absence
due to sickness, holidays, and lay-off.
S.I. No. 78 of 2005:
Employment Regulation Order (Security Industry Joint Labour Committee)
2005.
This fixes statutory minimum rates of pay and regulates statutory
conditions of employment for certain workers in the security industry.
S.I. No. 131 of 2005:
Maternity Protection (Amendment) Act 2004 (Commencement) Order 2005.
This amends the Redundancy Payments Acts 1967-2003, to the extent
that it provides that leave, granted under the Maternity Protection
Acts 1994-2004, namely ante natal classes, parental leave, force
majeure leave or carer's leave will not breach one's continuity
of employment for the purposes of calculating reckonable service
for redundancy payments.
S.I. No. 189 of 2005:
Youth Work Act, 2001 (Commencement) Order 2002.
This commences certain sections of the Youth Work Act 2001 with
effect from the 22nd April 2002 and it repeals the Youth Work Act
1997. It provides for the setting up of the National Youth Work
Advisory Committee and also gives the Minister for Education and
Science power to prescribe organisations representing voluntary
youth work.
S.I. No. 194 of 2005:
Employment Regulation Order (Provender Milling Joint Labour Committee)
2005.
This fixes statutory minimum rates of remuneration and regulates
statutory conditions of employment for some workers employed in
the provender milling industry.
S.I. No. 195 of 2005:
Employment Regulation Order (Aerated Waters and Wholesale Bottling
Joint Labour Committee) 2005
This fixes the minimum rates of pay and regulates statutory conditions
of employment for workers employed in the aerated waters and wholesale
processing trade.
S.I. No. 203 of 2005:
National Minimum Wage Act 2000 (National Minimum Hourly Rate of
Pay) Order 2005
This increases the minimum hourly rate of pay from 1 May 1st, 2005
to €7.65.
S.I. No. 214 of 2005:
Employment Regulation Order (Law Clerks Joint Labour Committee)
2005
This fixes the statutory minimum rates of pay and regulates statutory
conditions of employment as and from 1st May, 2005 for certain workers
employed in solicitors' offices.
S.I. No. 293 of 2005:
Rules of Superior Courts (Proceedings under the Employment Equality
Acts 1998 and 2004) 2005
This relates to the procedure under the Employment Equality Acts
1998 and 2004 for appealing decisions of the Director of the Equality
Tribunal to the High Court on a point of law.
S.I. No. 328 of 2005:
Safety Health and Welfare at Work Act 2005 (Commencement) Order
2005.
This brings most of the provisions of the Safety Health and Welfare
at Work Act 2005 into force with effect from 1st September 2005.
S.I. No. 375 of 2005:
Employment Regulation Order (Agricultural Workers Joint Labour Committee)
2005
This fixes the statutory minimum rates of remuneration and regulates
the conditions of employment for agricultural workers. It does not
cover workers in the mushroom-growing industry or grooms if they
are already covered by the terms of a Registered Employment Agreement.
It is made by the Labour Court on the recommendation of the Agricultural
Workers Joint Labour Committee.
S.I. No. 376 of 2005:
Employment Regulation Order (Hairdressing Joint Labour Committee)
2005
This fixes statutory minimum rates of remuneration and regulates
statutory conditions of employment for workers employed in the hairdressing
trade in the areas known, until 1 January 1994, as the County and
County Borough of Dublin, the Borough of Dun Laoghaire and the Urban
District of Bray. It is made by the Labour Court on the recommendation
of the Hairdressing (Dublin) Joint Labour Committee.
S.I. No. 377 of 2005:
Employment Regulation Order (Hairdressing (for the area known until
1 January 2002 as Cork County Borough and, thereafter, known as
Cork City) Joint Labour Committee) 2005.
This fixes statutory minimum rates of pay and regulates statutory
conditions of employment as from 22 July 2005 for workers employed
in the hairdressing trade in Cork City. It is made by the Labour
Court on the recommendation of the Hairdressing (Cork City) Joint
Labour Committee.
S.I. No. 392 of 2005:
Safety, Health and Welfare at Work (General Application)(Revocation)
Regulations 2005.
These revoke some of the provisions of the Safety, Health and Welfare
at Work (General Application) Regulations 1993. These also revoke
the Safety, Health and Welfare at Work (General Application)(Amendment
No. 2) Regulations 2003.
S.I. No. 523 of 2005:
Employment Regulation Order (Contract Cleaning (City and County
of Dublin) Joint Labour Committee) 2005.
This fixes the statutory minimum rates of remuneration and statutory
conditions of employment for workers employed in the contract cleaning
industry in the city and county of Dublin. It is made by the Labour
Court on the recommendation of the Contract Cleaning (City and County
of Dublin) Joint Labour Committee.
S.I. No. 524 of 2005
Employment Regulation Order (Contract Cleaning (Excluding the City
and County of Dublin) Joint Labour Committee) 2005.
This fixes the remuneration and statutory conditions of employment
for workers employed in the contract cleaning industry in the area
excluding the city and county of Dublin. It is made by the Labour
Court on the recommendation of the Contract Cleaning (Excluding the
City and County of Dublin) Joint Labour Committee.
S.I. No. 528 of 2005:
European Communities (Protection of Employees)(Part-Time Workers)
Regulations 2005.
These remove the provision in the Labour Services Act 1987 that
an employee must work not less than 18 hours a week for FAS before
being entitled to vote in worker director elections. These also remove
the provision that an employee must work not less than 19 hours a
week for FAS to be eligible to be nominated as a candidate at the
elections. This gives full effect to the Protection of Employees (Part-Time
Work) Act 2001, which prohibits discrimination against part-time workers.
S.I. No. 548 of 2005:
Safety, Health and Welfare at Work Act 2005 (Appeals Forms) Rules
2005.
These prescribe the forms of notice to be used by a person appealing
to the District Court against an improvement notice, a prohibition
notice or an information notice, serviced on such a person under
the relevant provisions of the Safety, Health and Welfare at Work
Act 2005. The Rules also prescribe the form of notice to be used
by a person appealing to the District Court to have the operation
of a prohibition notice suspended.
S.I. No. 558 of 2005:
Employment Regulation Order (Hotels Joint Labour Committee) 2005.
This fixes statutory minimum rates of pay and regulates statutory
conditions of employment for workers employed in a hotel undertaking
anywhere throughout the State except the County Borough of Cork and
the areas known until 1st January 1994 as the County Borough of Dublin
and the Borough of Dun Laoghaire. It is made by the Labour Court on
the recommendation of the Hotels Joint Labour Committee.
S.I. No. 567 of 2005:
Employment Regulation Order (Retail Grocery and Allied Trades Joint
Labour Committee) 2005.
This fixes minimum rates of pay and regulates statutory conditions
of employment for workers employed in the retail grocery and allied
trades. It is made by the Labour Court on the recommendation of the
Retail Grocery and Allied Trades Joint Labour Committee.
S.I. No. 606 of 2005:
Employment Regulation Order (Shirtmaking Joint Labour Committee)
2005.
This fixes statutory minimum rates of pay and regulates conditions
of employment as from 1st October 2005 for workers employed in the
shirtmaking trade. It is made by the Labour Court on the recommendation
of the Shirtmaking Joint Labour Committee.
S.I. No. 607 of 2005:
Employment Regulation Order (Tailoring Joint Labour Committee) 2005.
This fixes statutory minimum rates of pay and regulates conditions
of employment as from 1st October 2005 for workers employed in the
tailoring trade. It is made by the Labour Court on the recommendation
of the Tailoring Joint Labour Committee.
S.I. No. 608 of 2005:
Employment Regulation Order (Women's Clothing and Millinery Joint
Labour Committee) 2005.
This fixes statutory minimum rates of pay and regulates conditions
of employment as from 1st October 2005 for workers employed in the
women's clothing and millinery trade. It is made by the Labour Court
on the recommendation of the Women's Clothing and Millinery Joint
Labour Committee.
S.I. No. 609 of 2005:
Employment Regulation Order (Handkerchief and Household Piece Goods
Joint Labour Committee) 2005.
This fixes statutory minimum rates of remuneration and regulates
statutory conditions of employment for workers employed in the handkerchief
and household piece goods trade. It is made by the Labour Court on
the recommendation of the Handkerchief and Household Piece Goods Joint
Labour Committee.
October 2005.
For further information please contact a member of the Employment
Law Unit.
© 2003-2005 LK Shields Solicitors.
All rights reserved.
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