14. Employment Law

Updated to 3 July 2020 (Act No. 2 of 2020 and S.I. No. 236 of 2020)

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14.1. Agricultural Employment Premium Payment

Enterprise
  • none
23/1975
Enterprise
  • none
24/1976
1 The scheme instituted by this Act expired on 8 January 1977, rendering the Act spent; it should be repealed.
2 This amending Act is also obsolete and should be repealed.

14.2. Consultation of Employees

Enterprise 20/1996
Enterprise 9/2006

14.3. Employers’ Employment Contribution Scheme

Enterprise
  • none
19/1981
3 This Act is obsolete/spent and should be repealed.

14.4. Employment Agencies

Enterprise 27/1971
4 This SI supersedes S.I. Nos. 318 of 1976 and 319 of 1988, which should be revoked.

14.5. Employment Equality

Justice 5 21/1998
Justice
  • none
24/2004
Justice
  • none
43/2015
5 Combined effect of S.I. No. 217 of 2010 and S.I. No. 139 of 2011 is that all functions under 1998 Act are within Department of Justice and Equality.
6

The enabling provision is Employment Equality Act 1977 (16/1977), s. 14(2), repealed by 21/1998, s. 5(1). Orders made under this provision (s. 14) were stated to remain unaffected as if the section remained in force by 21/1998, s. 5(2).  This provision was repealed (2.08.2011) by 23/2011, s. 20, commenced on enactment. This SI therefore ceased to have effect on repeal of the provision which continued it in force. It should be revoked with effect from 2.08.2011 for clarity.

7 Ibid.
8 Ibid.
9

Expired at end of academic year 2002/2003.

10

Expired at end of academic year 2007/2008.

11

Expired at end of academic year 2012/2013.

12

Expires at end of academic year 2017/2018.

13 Responsibility of Department of Jobs, Enterprise and Innovation.

14.6. Employment Guarantee Fund

Finance
  • none
4/1980
Finance
  • none
25/1981

14.7. Employment Permits

Enterprise
  • none
7/2003
Enterprise 16/2006
Enterprise
  • none
21/2013
Enterprise 26/2014

14.8. Employment Training and Regulation 14

14 See S.I. No. 187 of 2010.
Education 25/2013
Education 38/2009
Education
  • none
41/2000
Education 5/1967
15 Repealed Labour Services Act 1987 (15/1987). S.I. Nos. 248 of 1987 and 168 of 1997 made under that Act ceased to have effect on repeal of their enabling provisions and should be revoked.
16 Schemes then in force made under Labour Services Act 1987 (15/1987) by the now dissolved An Foras Áiseanna Saothair were continued in force by Further Education and Training Act 2013 (25/2013), s. 44.
17 Ibid.
18 Ibid.
19 Ibid.
20 Ibid.
21

Also made under Industrial Training Act 1967 (5/1967).

22

 Also made under Industrial Training Act 1967 (5/1967).

23

Also made under Industrial Training Act 1967 (5/1967).

24

Also made under Industrial Training Act 1967 (5/1967).

25

Also made under Industrial Training Act 1967 (5/1967).

26

Also made under Industrial Training Act 1967 (5/1967)

27 Spent on repeal of Labour Services Act 1987 (15/1987) by further Education and Training Act 2013 (25/2013), s. 4, this Act should be repealed and related commencement order revoked.
28 The enabling provision for this and following SIs to 1966 is Apprenticeship Act 1959 (39/1959), s. 22(1); they were continued in effect by Industrial Training Act 1967 (5/1967), s. 49(1)(a).
29 Also made under Further Education and Training Act 2013 (25/2013).
30 Also made under Further Education and Training Act 2013 (25/2013).
31 Also made under Further Education and Training Act 2013 (25/2013).
32 Also made under Further Education and Training Act 2013 (25/2013).
33 Also made under Further Education and Training Act 2013 (25/2013).
34 Also made under Further Education and Training Act 2013 (25/2013).

14.9. Industrial Disputes and Industrial Relations

Enterprise 26/1946
Enterprise 14/1969
Enterprise 15/1976
Enterprise 19/1990
Enterprise 11/2001
Enterprise 4/2004
Enterprise 32/2012
Enterprise 27/2015
Enterprise 21/2019
35 A number of Trade Boards were established by statutory rules and orders made under Trade Boards Act 1909, and were continued in effect as Joint Labour Committees under ss. 53 and 54 and abolished in due course. The statutory rules and orders establishing such defunct Joint Labour Committees are obsolete and should be revoked, as should SIs made by the now defunct Committees. They are listed below.
36 As a result of the judgment in John Grace Fried Chicken Limited and John Grace and Quick Service Food Alliance Limited v The Catering Joint Labour Committee, the Labour Court, Ireland and the Attorney General [2011] IEHC 277, SIs made under the provisions declared unconstitutional (ss. 42, 43 and 45 of 26/1946 and s. 48 of 19/1990) ceased to have effect and should be revoked.
37 Committee abolished by Paper Box Joint Labour Committee (Abolition) Order 1963, S.I. No. 113 of 1963, this SI should be revoked.
38 Committee abolished by Tailoring Joint Labour Committee (Abolition) Order 2008, S.I. No. 332 of 2008, this SI should be revoked.
39 Committee abolished by Women's Clothing and Millinery Joint Labour Committee (Abolition) Order 2008, S.I. No. 333 of 2008, this SI should be revoked.
40 Committee abolished by Shirtmaking Joint Labour Committee (Abolition) Order 2008, S.I. No. 331 of 2008, this SI should be revoked.
41 Committee abolished by Aerated Waters and Wholesale Bottling Joint Labour Committee (Abolition) Order 2012, S.I. No. 389 of 2012, this SI should be revoked.
42 Committee abolished by Boot and Shoe Repairing Joint Labour Committee (Abolition) Order 1988, S.I. No. 204 of 1988, this SI should be revoked.
43 Committee abolished by Brush and Broom Joint Labour Committee (Abolition) Order 2007, S.I. No. 625 of 2007, this SI should be revoked.
44 This was made under Trade Boards Act 1909 and continued in effect as a Joint Labour Committee under 26/1946, s. 53; however, it appears to be obsolete and should be revoked.
45 Committee abolished by Sugar Confectionery Joint Labour Committee (Abolition) Order 1978, S.I. No. 344 of 1978, this SI should be revoked.
46 Committee abolished by Tobacco Joint Labour Committee (Abolition) Order 1978, S.I. No. 343 of 1978, this SI should be revoked.
47 Committee abolished by General Waste Materials Reclamation Joint Labour Committee (Abolition) Order 1988, S.I. No. 205 of 1988, this SI should be revoked.
48 Committee abolished by Packing Joint Labour Committee (Abolition) Order 1979, S.I. No. 186 of 1979, this SI should be revoked.
49 Committee abolished by Rope, Twine and Net Joint Labour Committee (Abolition) Order 1978, S.I. No. 342 of 1978, this SI should be revoked.
50 Committee abolished by Button Making Joint Labour Committee (Abolition) Order 1984, S.I. No. 39 of 1984, this SI should be revoked.
51 Committee abolished by Handkerchief and Household Piece Goods Joint Labour Committee (Abolition) Order 2008 (S.I. No. 330 of 2008), this SI should be revoked.
52 Committee abolished by Messengers (Cork City) Joint Labour Committee (Abolition) Order 1984, S.I. No. 40 of 1984, this SI should be revoked.
53 Committee abolished by Creameries Joint Labour Committee (Abolition) Order 1978, S.I. No. 340 of 1978, this SI should be revoked.
54 Committee abolished by Tailoring Joint Labour Committee (Abolition) Order 2008, S.I. No. 332 of 2008, this SI should be revoked.
55 Committee abolished by Messengers (Dublin City and Dún Laoghaire) Joint Labour Committee (Abolition) Order 1988, S.I. No. 206 of 1988, this SI should be revoked.
56 Committee abolished by Women's Clothing and Millinery Joint Labour Committee (Abolition) Order 2008, S.I. No. 333 of 2008, this SI should be revoked.
57 Committee abolished by Tailoring Joint Labour Committee (Abolition) Order 2008, S.I. No. 332 of 2008, this SI should be revoked.
58 Committee abolished by Aerated Waters and Wholesale Bottling Joint Labour Committee (Abolition) Order 2012, S.I. No. 389 of 2012, this SI should be revoked.
59 Committee abolished by Messengers (Waterford City) Joint Labour Committee (Abolition) Order 1984, S.I. No. 42 of 1984, this SI should be revoked.
60 Committee abolished by Messengers (Limerick City) Joint Labour Committee (Abolition) Order 1984, S.I. No. 41 of 1984, this SI should be revoked.
61 Committee abolished by Brush and Broom Joint Labour Committee (Abolition) Order 2007, S.I. No. 625 of 2007, this SI should be revoked.
62 Committee abolished by Provender Milling Joint Labour Committee (Abolition) Order 2012, S.I. No. 391 of 2012, this SI should be revoked.
63 Ibid.
64 Committee abolished by Sugar Confectionery Joint Labour Committee (Abolition) Order 1978, S.I. No. 344 of 1978, this SI should be revoked.
65 Committee abolished by Brush and Broom Joint Labour Committee (Abolition) Order 2007, S.I. No. 625 of 2007, this SI should be revoked.
66 Committee abolished by Hairdressing Joint Labour Committee (Abolition) Order 2009, S.I. No. 44 of 2009, this SI should be revoked.
67 Superseded by Employment Regulation Order (Hairdressing Joint Labour Committee) 1969, S.I. No. 5 of 1969, this SI should be revoked.
68 This SI is obsolete and should be revoked.
69 Ibid.
70 Ibid.
71 Superseded (16.11.1970) by Employment Regulation Order (Hairdressing Joint Labour Committee) 1970, S.I. No. 254 of 1970, this SI should be revoked.
72 Committee abolished by Hairdressing (Cork County Borough) Joint Labour Committee (Abolition) Order 2009, S.I. No. 43 of 2009, this SI should be revoked.
73 Committee abolished by Contract Cleaning (City and County of Dublin) Joint Labour Committee (Abolition) Order 2007, S.I. No. 624 of 2007, this SI should be revoked.
74 Committee abolished by Contract Cleaning (Excluding the City and County of Dublin) Joint Labour Committee (Abolition) Order 2007, S.I. No. 623 of 2007, this SI should be revoked.
75 Committee abolished by Clothing Joint Labour Committee (Abolition) Order 2012, S.I. No. 390 of 2012, this SI should be revoked.
76 Committee abolished by Law Clerks Joint Labour Committee (Abolition) Order 2014, S.I. No. 29 of 2014, this SI should be revoked.
77 The enabling provision was declared unconstitutional in John Grace Fried Chicken Ltd and Others -v- Catering Joint Labour Committee and Others [2011] IEHC 277, and this SI is without effect and should be revoked.
78 Ibid.
79 The enabling provision is Agricultural Wages Act 1936 (53/1936), which was repealed by s. 6(1) of 15/1976, with a saver for regulations in subs. (2): (2) Notwithstanding subsection (1) of this section, any order made under section 17 of the Agricultural Wages Act, 1936 , and in force at the commencement of this section shall continue in force and be deemed to be an employment regulation order. The SI appears to be superseded the Agricultural Joint Labour Committee mechanism under the Industrial Relations Act 1946 (26/1946) and should be revoked.
80 This SI appears to be superseded by Industrial Relations Act, 1990 (Code of Practice on Grievance and Disciplinary Procedures) (Declaration) Order 2000, S.I. No. 146 of 2000, and should be revoked.
81 Committee abolished by Contract Cleaning (Excluding the City and County of Dublin) Joint Labour Committee (Abolition) Order 2007, S.I. No. 623 of 2007, this SI should be revoked.

14.10. Maternity Protection, Adoptive, Carers’ and Parental Leave

Justice 82 34/1994
Justice 84 28/2004
Justice 85 2/1995
Justice 86 25/2005
Justice 87 30/1998
Justice 88
  • none
13/2006
Enterprise
  • none
19/2001
Justice 11/2016
Justice 11/2019
Justice 35/2019
82 See S.I. No. 139 of 2011.
83 S.I. Nos. 357 and 358 of 1981 were made under Maternity Protection of Employees Act 1981, repealed by 34/1994, s. 6(1), subject to continuation in force of these SIs by s. 6(4). They were replaced by S.I. Nos. 17 and 18 of 1995 and are now superseded and should be revoked.
84 See S.I. No. 139 of 2011.
85 See S.I. No. 139 of 2011.
86 See S.I. No. 139 of 2011.
87 See S.I. No. 139 of 2011.
88 See S.I. No. 139 of 2011.

14.11. Minimum Notice and Terms of Employment

Enterprise 4/1973
Enterprise 5/1994
Enterprise 38/2018

14.12. Minimum Wage

Enterprise 5/2000
Enterprise 22/2015
89 Superseded by National Minimum Wage Act 2000 (Section 11) Order 2011, S.I. No. 13 of 2011, this SI should be revoked.
90 Superseded by National Minimum Wage Act 2000 (Section 11) (No. 2) Order 2011, S.I. No. 331 of 2011, this SI should be revoked.
91

Superseded by National Minimum Wage Order 2015, S.I. No. 442 of 2015, from 1 January 2016, this SI should be revoked.

92

Superseded by National Minimum Wage Order 2016 (S.I. No. 516 of 2016), this SI should be revoked.

93

Superseded by National Minimum Wage Order 2017 (S.I. No. 440 of 2017), this SI should be revoked.

14.13. Part-Time, Fixed-Term and Temporary Agency Employees

14.13.1. Part-Time and Fixed-Term Employees

Enterprise 45/2001
Enterprise
  • none
29/2003

14.13.2. Temporary Agency Employees

Enterprise
  • none
13/2012

14.14. Payment of Wages

Enterprise 25/1991

14.15. Protected Disclosures and Whistleblowing

Public Exp
  • none
14/2014
94 Also listed at Title 10.2.17: Bribery and Corruption.

14.16. Redundancy and Employer Insolvency 95

95 Transferred from Enterprise to Social from 1 January 2011, with the exception of s. 39(7) of 1967 Act.

14.16.1. Redundancy Payments

Social/Enterprise 21/1967
Social 20/1971
Social 11/1973
Social 7/1979
Social 14/2003

14.16.2. Collective Redundancies

Social 7/1977
Social/Enterprise 27/2007
96 Extended period of scheme for three years to 8 May 2013. This SI is obsolete/spent and should be revoked.
97 Extended period of scheme for further three years to 8 May 2016.
98 Extended period of scheme for further three years to 8 May 2019.

14.16.3. Corporate Insolvency Payments

Social 21/1984

14.16.4. Hospitals’ Trust Former Employees

Enterprise
  • none
23/2000
99 Appears to be obsolete/spent since at least 2006, and should be repealed.

14.17. Safety, Health and Welfare 100

100 See also Title 31: Public Safety.
Enterprise 10/2005
Enterprise 10/1955
Enterprise 7/1965
Enterprise 9/1980
Enterprise 18/1987
101 Section 4(4) provides for the continuation of existing instruments under this Act: (4) Subject to subsection (3), in so far as any instrument (including any order or regulation) made or issued and any other thing done under an existing enactment set out in Part 1 of Schedule 2 is in force immediately before the repeal of such enactment by subsection (2) could have been made, issued or done under a corresponding provision of this Act, it shall not be invalidated by the repeals effected by subsection (2) but, except in so far as this Act otherwise provides, shall continue in force as if made, issued or done under this Act. Such of these instruments as remain in effect are listed below.
102

Originally made under Mines and Quarries Act 1965 (7/1965), this SI was continued in effect under s. 4(4).

103 Originally made under Safety, Health and Welfare At Work Act 1989, this SI was continued in effect by 10/2005, s. 4(4). However, it concerns commencement of provisions of a repealed Act and should be revoked.
104 Ibid.
105 Originally made under Safety, Health and Welfare at Work Act 1989 (7/1989), this SI was continued in effect by 10/2005, s. 4(4) .
106 Originally made under Safety, Health and Welfare At Work Act 1989, this SI was continued in effect by 10/2005, s. 4(4). However, it concerns commencement of provisions of a repealed Act and should be revoked.
107 Originally made under Safety, Health and Welfare At Work Act 1989, this SI was continued in effect by 10/2005, s. 4(4). However, it concerns commencement of provisions of a repealed Act and should be revoked.
108 Originally made under Safety, Health and Welfare at Work Act 1989 (7/1989), this SI was continued in effect by 10/2005, s. 4(4) .
109 Ibid.
110 Ibid.
111 Ibid.
112 Ibid.
113 Ibid.
114 Ibid.
115 Ibid.
116 Repealed by Safety, Health and Welfare at Work Act 2005 (10/2005), s. 4(1), repeal only partially commenced. When fully commenced, s. 4(4) of the 2005 Act provides for continuation in effect of existing SIs: (4) Subject to subsection (3), in so far as any instrument (including any order or regulation) made or issued and any other thing done under an existing enactment set out in Part 1 of Schedule 2 is in force immediately before the repeal of such enactment by subsection (2) could have been made, issued or done under a corresponding provision of this Act, it shall not be invalidated by the repeals effected by subsection (2) but, except in so far as this Act otherwise provides, shall continue in force as if made, issued or done under this Act.
117 Originally made under Factory and Workshop Act 1901, this SI was continued in effect by Factories Act 1955 (10/1955), s. 8, and on its repeal not yet commenced, by 10/2005, s. 4(4) .
118 Ibid.
119 The enabling Act is Factory and Workshop Act 1901, repealed by Factories Act 1955 (10/1955), s. 7; these regulations are retained under s. 8.
120 Ibid.
121 Ibid.
122 Ibid.
123 Ibid.
124 Ibid., this SI appears to be obsolete and should be revoked.
125 The enabling provisions are Factories Act, 1955 (10/1955), ss. 86(1)(l), 88(2) and 89(2) . Section 86(1)(l) was repealed by the Safety, Health and Welfare at Work Act, 1989 (7/1989) subject to a saver for regulations in s. 29(4). On repeal of the other enabling provisions by Safety, Health and Welfare at Work Act 2005, s. 4, there is a saver in s. 4(4) to continue existing SIs in effect.
126 Repealed by Safety, Health and Welfare at Work Act 2005 (10/2005), s. 4(1). The Safety, Health and Welfare at Work Act 2005 (Quarries) (Repeals and Revocations) (Commencement) Order 2008 (S.I. No. 29 of 2008) activated the repeal in so far as that Act relates to quarries and revoked all regulations made under that Act as they relate to quarries.
127 Repealed by Safety, Health and Welfare at Work Act 2005 (10/2005), s. 4(1), repeal only partially commenced. When fully commenced, s. 4(4) of the 2005 Act provides for continuation in effect of existing SIs: (4) Subject to subsection (3), in so far as any instrument (including any order or regulation) made or issued and any other thing done under an existing enactment set out in Part 1 of Schedule 2 is in force immediately before the repeal of such enactment by subsection (2) could have been made, issued or done under a corresponding provision of this Act, it shall not be invalidated by the repeals effected by subsection (2) but, except in so far as this Act otherwise provides, shall continue in force as if made, issued or done under this Act.
128 Ibid.

14.18. Trade Unions

Enterprise 34 & 35 Vict., c. 31
Enterprise
  • none
38 & 39 Vict., c. 86
Enterprise
  • none
39 & 40 Vict., c. 22
Enterprise
  • none
2 & 3 Geo. 5, c. 30
Enterprise
  • none
35/1935
Enterprise 22/1941
Enterprise
  • none
23/1942
Enterprise 17/1947
Enterprise
  • none
13/1952
Enterprise
  • none
33/1971
Enterprise 4/1975
129 The negotiation licence of the union concerned was revoked by S.I. No. 89 of 1973. This SI appears to be obsolete and should be revoked.
130 The negotiation licence of the union concerned was revoked by S.I. No. 249 of 1982. This SI appears to be obsolete and should be revoked.
131 The negotiation licence of the union concerned was revoked by S.I. No. 152 of 1986. This SI appears to be obsolete and should be revoked.
132 The negotiation licence of the union concerned was revoked by S.I. No. 153 of 1986. This SI appears to be obsolete and should be revoked.
133 The negotiation licence of the union concerned was revoked by S.I. No. 194 of 1981. This SI appears to be obsolete and should be revoked.
134 The negotiation licence of the union concerned was revoked by S.I. No. 154 of 1986. This SI appears to be obsolete and should be revoked.
135 The negotiation licence of the union concerned was revoked by S.I. No. 187 of 1981. This SI appears to be obsolete and should be revoked.
136 The negotiation licence of the union concerned was revoked by S.I. No. 147 of 1986. This SI appears to be obsolete and should be revoked.
137 The negotiation licence of the union concerned was revoked by S.I. No. 396 of 1981. This SI appears to be obsolete and should be revoked.
138 The negotiation licence of the union concerned was revoked by S.I. No. 161 of 1990. This SI appears to be obsolete and should be revoked.
139 The negotiation licence of the union concerned was revoked by S.I. No. 157 of 1986. This SI appears to be obsolete and should be revoked.
140 The negotiation licence of the union concerned was revoked by S.I. No. 298 of 2013. This SI appears to be obsolete and should be revoked.
141 The negotiation licence of the union concerned was revoked by S.I. No. 55 of 1973. This SI appears to be obsolete and should be revoked.

14.19. Unfair Dismissal

Enterprise 10/1977
Enterprise
  • none
22/1993

14.20. Working Time, Including Hours of Work and Holidays

Enterprise 20/1997
Enterprise 3/1938
142 This SI is spent and should be revoked.
143 Ibid.
144 It is likely that many of the orders made under this legislation which are still in force are in fact obsolete and should be revoked.

14.21. Worplace Disupte Resolution

Enterprise 16/2015

14.22. Young Persons Employment

Enterprise 16/1996

14.23. Youth Employment

Children 145 42/2001
Education 148
  • none
32/1981
145 See S.I. No. 218 of 2011.
146 This SI had effect for three years and expired on 22 April 2008; it should be revoked.
147 This SI had effect for three years and expired on 22 April 2011; it should be revoked.
148 See S.I. No. 187 of 2010.
149 All substantive provisions of this Act appear to have been repealed.

14.24. ECA Section 3 Statutory Instruments

Foreign 27/1972