Minimum Notice and Terms of Employment Act 1973


Number 4 of 1973


MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACT 1973

REVISED

Updated to 1 September 2017


This Revised Act is an administrative consolidation of the Minimum Notice and Terms of Employment Act 1973. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including National Shared Services Office Act 2017 (26/2017), enacted 26 July 2017, and all statutory instruments up to and including Education Support Centres (Appointment and Secondment of Directors) Regulations 2017 (S.I. No. 394 of 2017), made 1 September 2017, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 4 of 1973


MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACT 1973

REVISED

Updated to 1 September 2017


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Minimum Notice and Terms of Employment Acts 1973 to 2005 : this Act is one of a group of Acts included in this collective citation to be construed together as one ( Civil Service Regulation (Amendment) Act 2005 , s. 1(4)). The Acts in the group are:

Minimum Notice and Terms of Employment Act 1973 (4/1973)

Protection of Employees (Employers’ Insolvency) Act 1984 (21/1984), s. 13 (collective citation only)

Worker Protection (Regular Part-time Employees) Act 1991 (5/1991), in so far as it relates to the Minimum Notice and Terms of Employment Acts 1973 and 1984 (repealed)

Protection of Employees (Part-Time Work) Act 2001 (45/2001), in so far as it relates to the Minimum Notice and Terms of Employment Acts 1973 and 1984

Civil Service Regulation (Amendment) Act 2005 (18/2005), Part 7

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1994, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Workplace Relations Act 2015 (16/2015)

Civil Service Regulation (Amendment) Act 2005 (18/2005)

Protection of Employees (Fixed-Term Work) Act 2003 (29/2003)

Protection of Employees (Part-Time Work) Act 2001 (45/2001)

Maternity Protection Act 1994 (34/1994)

Terms of Employment (Information) Act 1994 (5/1994)

Unfair Dismissals (Amendment) Act 1993 (22/1993)

Worker Protection (Regular Part-Time Employees) Act 1991 (5/1991)

Protection of Employees (Employers’ Insolvency) Act 1984 (21/1984)

Unfair Dismissals Act 1977 (10/1977)

All Acts up to and including National Shared Services Office Act 2017 (26/2017), enacted 26 July 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Labour Affairs and Labour Law (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 361 of 2017)

Labour Services Act 1987 Apprenticeship Rules 1997 (S.I. No. 168 of 1997)

Labour Services Act 1987 Apprenticeship Rules 1995 (S.I. No. 198 of 1995)

Labour Services Act 1987 Apprenticeship Rules 1994 (S.I. No. 228 of 1994)

Labour Services Act 1987 Apprenticeship Rules 1993 (S.I. No. 236 of 1993)

Minimum Notice and Terms of Employment (Reference of Disputes) Regulations 1973 (S.I. No. 243 of 1973)

Minimum Notice and Terms of Employment (Commencement) Order 1973 (S.I. No. 242 of 1973)

All statutory instruments up to and including Education Support Centres (Appointment and Secondment of Directors) Regulations 2017 (S.I. No. 394 of 2017), made 1 September 2017, were considered in the preparation of this revision.


Number 4 of 1973


MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACT 1973

REVISED

Updated to 1 September 2017


ARRANGEMENT OF SECTIONS


Acts Referred to

Redundancy Payments Act, 1967

1967, No. 21

Civil Service Commissioners Act, 1956

1956, No. 45

Merchant Shipping Act, 1894

1894, c. 60

Companies Act, 1963

1963, No. 33

Preferential Payments in Bankruptcy (Ireland) Act, 1889

1889, c. 60


Number 4 of 1973


MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACT 1973

REVISED

Updated to 1 September 2017


AN ACT TO REQUIRE A MINIMUM PERIOD OF NOTICE TO TERMINATE THE EMPLOYMENT OF THOSE WHO HAVE BEEN EMPLOYED FOR A QUALIFYING PERIOD, TO PROVIDE FOR MATTERS CONNECTED WITH THE GIVING OF NOTICE, AND TO REQUIRE EMPLOYERS TO GIVE WRITTEN PARTICULARS OF THE TERMS OF EMPLOYMENT, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [9 th May, 1973]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Functions under collectively cited Minimum Notice and Terms of Employment Acts 1973 to 2005 transferred and Minister for and Department of Jobs, Enterprise and Innovation construed (1.09.2017) by Labour Affairs and Labour Law (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 361 of 2017), arts. 2, 3, 6-8, in effect as per art. 1(2), subject to transitional provisions in arts. 4, 5.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Social Protection.

(2) References to the Department of Jobs, Enterprise and Innovation contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Social Protection.

3. (1) The functions vested in the Minister for Jobs, Enterprise and Innovation—

(a) by or under the Acts specified in Part 1 of the Schedule and the provisions of the Acts specified in Part 2 of the Schedule, and

(b) under the Regulations specified in Part 3 of the Schedule,

are transferred to the Minister for Social Protection.

(2) References to the Minister for Jobs, Enterprise and Innovation contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Social Protection.

SCHEDULE

PART 1

Acts of the Oireachtas

Minimum Notice and Terms of Employment Acts 1973 to 2005

...

C2

Date of expected day of return deemed to be date of termination of contract under certain circumstances for purposes of Act (1.08.2016) by Paternity Leave and Benefit Act 2016 (11/2016), s. 26(3), S.I. No. 435 of 2016.

Provisions applying where employee not permitted to return to work

26. (1) This section applies to an employee who, having duly complied with section 24 , is entitled under this Part to return to work but is not permitted to do so by the relevant employer, within the meaning of section 27 (3), and, in this section, in relation to such an employee, “the expected date of return” means the date notified under section 24 as the date on which the employee expected to return to work.

...

(3) For the purposes of the Minimum Notice and Terms of Employment Act 1973 , the contract of employment of an employee to whom this section applies who is also an employee to whom that Act applies shall be deemed to have been terminated on the expected date of return.

...

C3

Functions transferred and specified bodies dissolved (1.01.2005) by Health Act 2004 (42/2004), ss. 58, 59 and sch. 3 item 54, S.I. No. 885 of 2004.

Dissolution of health boards and other specified bodies.

58.—The specified bodies are, by this Act, dissolved on the establishment day.

Transfer of functions of specified bodies to Executive.

59.—(1) The functions that, immediately before the establishment day, were the functions of a specified body under or in connection with the enactments referred to in Schedule 3 are, by this Act, transferred to the Executive on that day.

(2) If a provision of an enactment referred to in Schedule 3, or a provision of an instrument made under such enactment, does not come into effect until on or after the establishment day, a function that on the passing of that enactment or the making of that instrument was assigned under or in connection with that provision to a specified body is, by this Act, transferred to the Executive on the commencement of that provision.

(3) The functions transferred by this Act to the Executive include the functions specified in any enactment referred to in Schedule 3 as a function of the following:

(a) the chief executive officer of a health board;

(b) the Regional Chief Executive of the Eastern Regional Health Authority;

(c) the area chief executive of an Area Health Board.

...

SCHEDULE THREE

Transfer of Functions and References to Functional Areas

Section 59 and 67.

...

54. Minimum Notice and Terms of Employment Acts 1973 to 2001

...

C4

Application of Act interpreted (30.01.1995) by Maternity Protection Act 1994 (34/1994), s. 40(3), S.I. No. 16 of 1995.

Provisions applying where employee not permitted to return to work.

40.— ...

(3) For the purposes of the Minimum Notice and Terms of Employment Act, 1973, the contract of employment of an employee to whom this section applies who is also an employee to whom that Act applies shall be deemed to have been terminated on the expected date of return.

...

C5

Functions transferred and terms “Department of Labour” and “Minister for Labour” construed (20.01.1993) by Labour (Transfer of Departmental Administration and Ministerial Functions) Order 1993 (S.I. No. 18 of 1993), arts. 3, 4, and sch. pt. 1, subject to transitional provisions in arts. 5-9. Note that the name of the Minister for and Department of Industry and Commerce was changed:

• to the Minister for and Department of Enterprise and Employment (20.01.1993) by Industry and Commerce (Alteration of Name of Department and Title of Minister) Order 1993 (S.I. No. 19 of 1993);

• to the Minister for and Department of Enterprise, Trade and Employment (12.07.1997) by Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 307 of 1997);

• to the Minster for and Department of Enterprise, Trade and Innovation (2.05.2010) by Enterprise, Trade and Employment (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 185 of 2010); and

• to the Minister for and Department of Jobs, Enterprise and Innovation (2.06.2011) by Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 245 of 2011).

...

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Industry and Commerce.

(2) References to the Department of Labour contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Industry and Commerce.

4. (1) There are hereby transferred to the Minister for Industry and Commerce the functions vested in the Minister for Labour by or under:—

(a) any Act mentioned in the Schedule to this Order, and

...

(c) the provisions mentioned in the Schedule to the Order so mentioned.

(2) References to the Minister for Labour contained in any Act or instrument thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Industry and Commerce.

...

Editorial Notes:

E1

Collectively cited Minimum Notice and Terms of Employment Acts 1973 to 2005 included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 2 and sch. 1 part 1 item 12, S.I. No. 338 of 2015, with the following effects:

• Authorised officers or inspectors under employment enactments deemed to be appointed under Workplace Relations Act 2015 (16/2015), s. 26(2) and subject to termination under s. 26(4).

• Powers of inspectors for purposes of relevant enactments defined in Workplace Relations Act 2015 (16/2015), s. 27.

• Workplace Relations Commission, an inspector or an adjudication officer authorised to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by Workplace Relations Act 2015 (16/2015) s. 31(5).

• Power of Workplace Relations Commission and official body to disclose information to each other concerning the commission of offence under relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 32.

• Power of Workplace Relations Commission and contracting authority to disclose information to each other concerning the commission of offence under employment enactment/ relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 33.

• Powers of Minister to prosecute under relevant enactments transferred to Workplace Relations Commission and references construed by Workplace Relations Act 2015 (16/2015), s. 37.

• Functions of EAT to hear claims under employment enactments transferred to Workplace Relations Commission and references to EAT construed by Workplace Relations Act 2015 (16/2015) s. 66(1), (2).

E2

Previous affecting provision: application of Act to dismissal of certain apprentices confirmed (1.08.1995) by Labour Services Act 1987 Apprenticeship Rules 1995 (S.I. No. 198 of 1995), rule 7(1); revoked (1.05.1997) by Labour Services Act 1987 Apprenticeship Rules 1997 (S.I. No. 168 of 1997), rule 1(3).

E3

Previous affecting provision: application of Act to dismissal of certain apprentices confirmed (1.09.1994) by Labour Services Act 1987 Apprenticeship Rules 1994 (S.I. No. 228 of 1994), rule 7(1); revoked (1.08.1995) by Labour Services Act 1987 Apprenticeship Rules 1995 (S.I. No. 198 of 1995), rule 1(3).

E4

Previous affecting provision: application of Act to dismissal of certain apprentices confirmed (1.09.1993) by Labour Services Act 1987 Apprenticeship Rules 1993 (S.I. No. 236 of 1993), rule 7(1); revoked (1.09.1994) by Labour Services Act 1987 Apprenticeship Rules 1994 (S.I. No. 228 of 1994), rule 1(3) .