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Update on Employment Legislation
Act No. 25 of 2005:
Adoptive Leave Act 2005.
This Act amends the Adoptive Leave Act 1995 and makes certain new
provisions in relation to adoptive leave which include the following:
- it increases the minimum period of adoptive leave from 10 to
16 weeks
- it increases the maximum period of additional adoptive leave
from 4 weeks to 8 weeks
- it provides that an adoptive father's entitlements have also
changed in the case where the adoptive mother dies and can now
take up to 16 weeks adoptive leave in certain cases
- it provides for time off from work to attend certain pre-adoption
classes and meetings
- it provides for termination of additional adoptive leave on
sickness of the adopting parent and for postponement of leave
on hospitalisation of the child
- it provides that a period during which an adopting parent was
absent from work while on adoptive leave or additional adoptive
leave or while attending certain pre-adoption classes or meetings
shall not breach continuity of employment for the purposes of
the Redundancy Payments Acts 1967 to 2003.
S.I. No. 16 of 2006:
Adoptive Leave Act 2005 (Commencement) Order 2006.
This brings sections 9 and 10 of the Adoptive Leave Act 2005 into
force from the 20 January 2006. These sections provide for the postponement
of adoptive leave on the hospitalisation of the adopted child and
set out new terms relating to absence from work owing to sickness
during postponed adoptive leave.
S.I. No. 52 of 2006:
Adoptive Leave Act 1995 (Extension of Periods of Leave) Order 2006.
This extends the periods of adoptive leave under the Adoptive Leave
Act 1995, as amended, with effect from 1 March 2006. It provides that
adopting mothers or sole male adopters who commence adoptive leave
on or after 1 March, 2006 are entitled to 20 weeks adoptive leave
with an additional 12 weeks unpaid adoptive leave. It also provides
that adopting mothers or sole male adopters who commence adoptive
leave on or after 1 March 2007 will be entitled to 24 weeks adoptive
leave with an additional 16 weeks unpaid adoptive leave.
S.I. No. 51 of 2006:
Maternity Protection Act 1994 (Extension of Periods of Leave) Order
2006.
This extends the periods of maternity leave under the Maternity Protection
Act 1994, as amended, with effect from 1 March 2006. It provides that
women who begin their maternity leave on or after 1 March 2006 are
now entitled to 22 weeks maternity leave with an optional 12 weeks
additional unpaid maternity leave. It also provides that women who
commence maternity leave on or after 1 March, 2007 will be entitled
to 26 weeks maternity leave with an additional 16 weeks additional
unpaid maternity leave.
S.I. No. 2 of 2005:
European Communities (Organisation of Working Time of Persons Performing
Mobile Road Transport Activities) Regulations 2005.
This implements the provisions of an EU Directive (Directive 2002/15/EC)
and applies a maximum average working week of 48 hours to mobile road
transport workers covered by that Directive. It provides that the
working time of a mobile worker, including overtime, shall not exceed
60 hours in any single week. It also provides that no mobile worker
shall work for more than six hours without a break, and sets out other
conditions in relation to breaks and the amount of night work that
can be performed.
S.I. No. 630 of 2005:
European Communities (Protection of Employees (Employers' Insolvency)
Regulations 2005.
This amends the Protection of Employees (Employers' Insolvency) Act
1984 to the extent that it covers employees who are employed in Ireland
by an employer who has become insolvent under the laws, regulations
and administrative procedures of another member state. It also extends
the coverage of the Act to include additional entitlements that may
be owed to employees by an insolvent employer.
S.I. No. 682 of 2005:
Protection of Employees (Employers' Insolvency) (Forms and Procedure)
Regulations 2005.
This prescribes revised forms and certificates to be used in relation
to claims under section 6 and section 7 of the Protection of Employees
(Employers' Insolvency) Act 1984.
S.I. No. 702 of 2005:
Employment Regulation Order (Catering Joint Labour Committee (for
areas other than the areas known, until 1 January 1994, as the County
Borough of Dublin and the Borough of Dun Laoghaire)) 2005.
This fixes, with effect from 18 November 2005, statutory minimum rates
of remuneration and statutory conditions of employment of certain
workers employed in catering establishments anywhere throughout the
State except the areas known until 1 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 Catering Joint Labour Committee
for areas other than the former County Borough of Dublin and the Borough
of Dun Laoghaire.
S.I. No. 723 of 2005:
Employment Regulation Order (Catering Joint Labour Committee (For
the areas known until 1 January 1994 as the County Borough of Dublin
and the Borough of Dun Laoghaire)) 2005.
This fixes, with effect from 23 November 2005, statutory minimum rates
of remuneration and statutory conditions of employment of certain
workers employed in the catering establishments in the areas known
until 1 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 Catering Joint Labour Committee.
S.I. No. 8 of 2006:
Industrial Relations Act 1990 (Code of Practice on Access to Part-Time
Working) (Declaration) Order 2006.
This Code of Practice on part-time working provides practical guidance
to employers and employees with the hope that part-time work will
be more accessible to those who wish to work part-time.
S.I. No. 24 of 2006:
Employment Regulation Order (Agricultural Workers Joint Labour Committee)
2006.
This fixes, with effect from 23 February 2006 the statutory minimum
rates of remuneration and regulates the conditions of employment for
agricultural workers. It does not cover workers in the mushroom-growing
or grooms industry 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. 72 of 2006:
Employment Regulation Order (Contract Cleaning (City and County
of Dublin) Joint Labour Committee) 2006.
This fixes, with effect from 2 March 2006, 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. 73 of 2006:
Employment Regulation Order (Contract Cleaning (Excluding the City
and County of Dublin), Joint Labour Committee 2006.
This fixes, with effect from 2 March 2006, the statutory minimum rates
of 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.
Registered Employment Agreement (Construction
Industry Pensions Assurance & Sick Pay) Variation Order, 2006.
This varies with effect from 24 January 2006, the Employment Agreement
for the Construction Industry (Pensions Assurance & Sick Pay) which
is registered under the Industrial Relations Acts 1946 to 2004 and
provides for revised rates and conditions for pensions, assurance
and sick pay.
March 2006.
For further information please contact a member of the Employment
Law Unit.
© 2003-2006 LK Shields Solicitors.
All rights reserved.
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