Protection of Employment Act 1977

Obligation on employer to notify Minister of proposed redundancies.

12

12. (1) Where an employer proposes to create collective redundancies, he shall notify the Minister in writing of his proposals at the earliest opportunity and in any event at least 30 days before the first dismissal takes effect.

(2) The Minister may prescribe the particulars to be specified in a notification under this section.

(3) A copy of a notification under this section shall be supplied as soon as possible by the employer affected to the employees’ representatives affected who may forward to the Minister in writing any observations they have relating to the notification.

F23 [ (4) In the case of collective redundancies arising from the employer s business being terminated following bankruptcy or winding up proceedings or for any other reason as a result of a decision of a court of competent jurisdiction the person responsible for the affairs of the business need comply with subsection (1) only if the Minister so requests. ]

F24 [ (5)Where the proposal to create collective redundancies concerns members of the crew of a seagoing vessel, the employer shall

( a ) where the vessel flies the Irish flag, notify the Minister in accordance with subsection (1) , or

( b ) where the vessel flies the flag of another State, notify the competent authority of that other State. ]

Annotations:

Amendments:

F23

Inserted (9.12.1996) by Protection of Employment Order 1996 (S.I. No. 370 of 1996), art. 11.

F24

Inserted (18.01.2018) by European Communities (Seafarers) Regulations 2018 (S.I. No. 15 of 2018), reg. 4(2).

Editorial Notes:

E11

Power pursuant to section exercised (10.05.1977) by Protection of Employment Act, 1977 (Notification of Proposed Collective Redundancies) Regulations 1977 (S.I. No. 140 of 1977).

E12

Dismissal prior to expiry of periods specified in ss. 9(3) and 12(1) made an offence (8.05.2007) by Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (27/2007), s. 10(3), commenced on enactment.