Minimum Notice and Terms of Employment Act 1973

Non-application of Act.

3

3. (1) This Act shall not apply to—

( a) employment of an employee who is normally expected to work for the same employer for less than F3 [ eighteen hours ] in a week,

( b) employment by an employer of an employee who is the father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, halfbrother or halfsister of the employer and who is a member of the employer’s household and whose place of employment is a private dwellinghouse or a farm in or on which both the employee and the employer reside,

( c) F4 [ ]

( d) employment as a member of the Permanent Defence Forces (other than a temporary member of the Army Nursing Service),

( e) employment as a member of the Garda Síochána, and

( f) employment under an employment agreement pursuant to Part II or Part IV of the Merchant Shipping Act, 1894.

(2) The Minister may by order declare that any provision of this Act shall not apply to a class or classes of employment specified in the order and from the commencement of the order this Act shall not apply to that class or those classes.

(3) Notwithstanding subsection (1) or (2) of this section, the Minister may by order declare that any provision of this Act shall apply to a class or classes of employment specified in the order and from the commencement of the order this Act shall apply to that class or those classes.

(4) An order made by the Minister under this section may include such transitional and other supplemental and incidental provisions as appear to the Minister to be necessary or expedient.

(5) The Minister may by order amend or revoke an order made under this section, including this subsection.

Annotations:

Amendments:

F3

Substituted (30.11.1984) by Protection of Employees (Employers' Insolvency) Act 1984 (21/1984), s. 13(a), commenced on enactment.

F4

Deleted (4.07.2006) by Civil Service Regulation (Amendment) Act 2005 (18/2005)), s. 26(a), S.I. No. 363 of 2006.

Modifications (not altering text):

C6

The limitation on the application of this Act imposed by subs. (1)(a) is restricted (20.12.2001) by Protection of Employees (Part-Time Work) Act 2001 (45/2001), s. 8, S.I. No. 636 of 2001.

Application of relevant enactments.

8.—Each relevant enactment shall 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.

Editorial Notes:

E6

Power to amend subs. (1)(a) by order so as to vary the number of hours specified in that paragraph provided (30.11.1984) by Protection of Employees (Employers Insolvency) Act 1984 (21/1984), s. 11(4)(a), commenced on enactment.

E7

Previous affecting provision: the limitation imposed by subs. (1)(a) was reduced to 8 hours under certain circumstances (6.04.1991) by Worker Protection (Regular Part-Time Employees) Act 1991 (5/1991), s. 1(1)(b) and other definitions, S.I. No. 75 of 1991; repealed (20.12.2001) by Protection of Employees (Part-Time Work) Act 2001 (45/1991), s. 5, S.I. No. 636 of 2001.