Protection of Employees (Employers’ Insolvency) Act 1984

Employees’ rights on insolvency of employer.

6

6. (1) If, on an application made to him in the prescribed form by or on behalf of an individual, the Minister is satisfied that—

( a) the person by or on whose behalf the application is made (which person is in this section subsequently referred to as “ the applicant”) is a person to whom this Act applies, and that he was employed by an employer who has become insolvent, and

( b) the date on which the employer became insolvent is a day not earlier than the 22nd day of October, 1983, and

( c) on the relevant date the applicant was entitled to be paid the whole or part of any debt to which this section applies,

the Minister shall, subject to this section, pay to or in respect of the applicant out of F16 [ the Social Insurance Fund ] the amount which, in the opinion of the Minister, is or was due to the applicant in respect of that debt.

(2) ( a) Subject to paragraph (b) of this subsection, the following are debts to which this section applies—

(i) any arrears of normal weekly remuneration in respect of a period, or of periods in the aggregate, not exceeding eight weeks, and to which the applicant became entitled during the relevant period,

(ii) any arrears due, in respect of a period or periods not exceeding eight weeks in all under a scheme or arrangement which, forming part of an employee’s contract of employment, provides or is capable of providing in relation to employees in any description of employment, payments payable to any such employees in respect of periods during which they are unable to fulfil their contract of employment due to ill health and to which the applicant became entitled during the relevant period,

F17 [ (iii) at the election of the employee, either

(I) any amount which an employer is required to pay, by virtue of an award under section 12 of the Act of 1973 made not earlier than the commencement of the relevant period, either for the period of notice required by section 4 of the Act of 1973 or by reason of a failure by that employer to give the notice required by the said section 4, or

(II) any unpaid normal weekly remuneration certified by the relevant officer as being the amount of normal weekly remuneration due to the employee in lieu of the statutory notice prescribed in section 4 of the Act of 1973, ]

(iv) any holiday pay in respect of a period or periods of holiday not exceeding eight weeks in all, and to which the applicant became entitled during the relevant period,

F18 [ (v) any amount which an employer is required to pay by virtue of

(I) a determination under section 8 (1) or 9 (1) or an order under section 10 (2) of the 1977 Act, or

F19 [ (II) a decision, determination or order under Part V of the Maternity Protection Act, 1994 , Part IV of the Parental Leave Act, 1998, or Part 4 of the Carer s Leave Act, 2001, ] ]

(vi) any amount to which a recommendation under section 8 (1) of the Act of 1977 relates, being a recommendation which was made not earlier than the commencement of the relevant period,

(vii) any amount which an employer is required to pay by virtue of an employment regulation order within the meaning of Part IV of the Industrial Relations Act, 1946, being an amount by reference to which proceedings have been instituted against the employer for an offence under section 45 (1) of that Act,

(viii) any amount—

(I) specified in a recommendation issued under section 7 (3) of the Act of 1974, or section 19 (3) of the Employment Equality Act, 1977,

(II) which an employer is required to pay by virtue of a decision or determination of an appeal by the Labour Court under subsection (1) of section 8 of the Act of 1974 or subsection (2) of section 21 of the Employment Equality Act, 1977 or, where appropriate, a decision of the High Court given by virtue of either subsection (3) of the said section 8 or subsection (4) of the said section 21, F20 [ or

(III) which an employer is required to pay by virtue of a decision, determination or order of a court falling within section 103 (3) of the Employment Equality Act, 1998 , ]

(ix) damages awarded under section 24 (3) ( a) of the Employment Equality Act, 1977,

(x) a fine imposed under section 8 (4) ( c) (i) or paragraph ( a) (inserted by section 30 of the Employment Equality Act, 1977) of section 9 (3) of the Act of 1974 or under section 25 (3) ( a) (iii) or 26 (3) ( a) (iii) of the Employment Equality Act, 1977, F21 [ ]

(xi) compensation directed to be paid under section 10 (1) ( d) (inserted by section 31 of the Employment Equality Act, 1977 ) or section 10 (3) ( a) (inserted by the said section 31) of the Act of 1974 or under section 26 (1) ( d) (iii) of the F22 [ Employment Equality Act, 1977, ]

F23 [ (xii) any amount which an employer is required to pay by virtue of the National Minimum Wage Act, 2000, being an amount by reference to which proceedings have been instituted against the employer for an offence under section 35 of the National Minimum Wage Act, 2000, and ]

F23 [ (xiii) any amount which an employer is required to pay by virtue of

(I) a decision of a rights commissioner under section 26 of the National Minimum Wage Act, 2000, or

(II) a determination of the Labour Court under section 29 of the National Minimum Wage Act, 2000,

and made, in any case, not earlier than the commencement F24 [ of the relevant period, ] ]

F25 [ (xiv) any amount which an employer is required to pay by virtue of a decision by way of order by a rights commissioner under section 6(2) of the Act of 1991 or a determination by the Employment Appeals Tribunal under section 7(1) of the Act of 1991 and made, in any case, not earlier than the commencement of the relevant period, provided that a claim in respect of the amount to which the decision or determination refers has not been made under another provision of this section,

(xv) any amount which an employer is required to pay by virtue of a recommendation by way of order by a rights commissioner under section 7(2)(d) of the Act of 1994 or a determination by the Employment Appeals Tribunal under section 8(1) or section 8(6)(a) of the Act of 1994 and made, in any case, not earlier than the commencement of the relevant period,

(xvi) any amount which an employer is required to pay by virtue of a recommendation by a rights commissioner under section 18(2) of the Act of 1996 or a determination by the Employment Appeals Tribunal under subsection (1) or (6) of section 19 of the Act of 1996 and made, in any case, not earlier than the commencement of the relevant period,

(xvii) any amount which an employer is required to pay by virtue of a decision by a rights commissioner under section 27(2) of the Act of 1997 or a determination by the Labour Court under subsection (1) or (8) of section 28 of the Act of 1997 and made, in any case, not earlier than the commencement of the relevant period,

(xviii) any amount which an employer is required to pay by virtue of a decision by a rights commissioner under section 4(4) of the Act of 1998 or a determination by the Employment Appeals Tribunal under subsection (1) or (6)(a) of section 8 of the Act of 1994 as amended and extended by section 4(6)(b) of the Act of 1998 and made, in any case, not earlier than the commencement of the relevant period,

(xix) any amount which an employer is required to pay by virtue of a decision by a rights commissioner under section 16(1) of the Act of 2001 or a determination by the Labour Court under subsection (1) or (8) of section 17 of the Act of 2001 and made, in any case, not earlier than the commencement of the relevant period,

(xx) any amount which an employer is required to pay by virtue of a decision by a rights commissioner under section 14(1)(b) of the Act of 2003 or a determination by the Labour Court under subsection (1)(b) or (8) of section 15 of the Act of 2003 and made, in any case, not earlier than the commencement of the relevant period,

(xxi) any amount which an employer is required to pay by virtue of a decision by a rights commissioner under Regulation 6(1) of the European Communities (Protection of Employment) Regulations 2000 ( S.I. No. 488 of 2000 ) or a determination by the Employment Appeals Tribunal under subsection (1) or (6)(a) of section 8 of the Act of 1994 as amended and extended by the same Regulations and made, in any case, not earlier than the commencement of the relevant period,

(xxii) any amount which an employer is required to pay by virtue of a decision by a rights commissioner under Regulation 10(4)(b) of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 ( S.I. No. 131 of 2003 ) or a determination by the Employment Appeals Tribunal under regulation 11(1)(b) of the same regulations and made, in any case, not earlier than the commencement of the relevant period,

(xxiii) any amount which an employer is required to pay by virtue of a decision by a rights commissioner under paragraph 4 of the Third Schedule to the Act of 2002 or a determination by the Employment Appeals Tribunal under subsection (1) or (6)(a) of section 8 of the Act of 1994 as amended and extended by paragraph 6(b) of the Third Schedule to the Act of 2002 and made, in any case, not earlier than the commencement of the relevant period,

(xxiv) any amount which an employer is required to pay to an employee in respect of remuneration by virtue of a registered employment agreement within the meaning of Part III of the Industrial Relations Act 1946 , being an amount by reference to which an order of the Labour Court has been made under section 32(1)(b) of that Act or section 10(1)(b) of the Act of 1969, or proceedings have been instituted under section 54(1) of the Act of 1990, F26 [ ]

(xxv) any amount which an employer is required to pay to an employee in respect of remuneration by virtue of a decision of a rights commissioner under subsection (4)(b) of section 9 of the Act of 2004 or a determination by the Labour Court under subsection (1)(b) of section 10 of the F27 [ Act of 2004, F28 [ ] ]

F29 [ F30 [ (xxvi) any amount that an employer is required to pay by virtue of a decision of a rights commissioner under paragraph 1 (2) of Schedule 2 to the Protection of Employees (Temporary Agency Work) Act 2012 or a determination by the Labour Court under paragraph 2(1) of that Schedule. ] ]

F31 [ (xxvii) any amount which an employer is required to pay by virtue of a decision of a rights commissioner under paragraph 1(2)(b) of Schedule 2 to the Act of 2011 or a determination by the Labour Court under paragraph 2(1)(b) of F32 [ that Schedule, F33 [ ] ]

F34 [ (xxviii) any amount which an employer is required to pay by virtue of a decision of a rights commissioner under paragraph 1(2)(b) of Schedule 4 to the Property Services (Regulation) Act 2011 or a determination by the Labour Court under paragraph 2(1) of F35 [ that Schedule, F36 [ ] ]

F37 [ (xxix) any amount which an employer is required to pay by virtue of a decision of a rights commissioner under section 45A(2)( b ) of the Industrial Relations Act 1946 or a determination by the Labour Court under section 45B(1)( b ) of F38 [ that Act, F39 [ ] ]

F40 [ (xxx) any amount which an employer is required to pay by virtue of a decision of a rights commissioner under paragraph 1(2)(b) of Schedule 5 to the Central Bank (Supervision and Enforcement) Act 2013 or a determination by the Labour Court under paragraph 2(1)(b) of F41 [ that Schedule, F42 [ ] ]

F43 [ (xxxi) any amount which an employer is required to pay by virtue of a decision of a rights commissioner under paragraph 1(2)(b) of Schedule 2 to the Protected Disclosures Act 2014 or a determination by the Labour Court under paragraph 2(1)(b) of F44 [ that Schedule, and ]

F45 [ (xxxii) any amount that an employer within the meaning of the Act of 2015 is required to pay by virtue of a decision of an adjudication officer or the Labour Court under Part 4 of that Act. ] ]

(b) Any amount, damages, fine or compensation referred to in subparagraph (viii), (ix), (x) F46 [ (xi), (xiv), (xv), (xvi), (xvii), (xviii), (xix), (xx), (xxi), (xxii), (xxiii), (xxiv) F47 [ , (xxv) or F48 [ , (xxvi) F49 [ , (xxvii) F50 [ , (xxviii) F51 [ , (xxix) F41 [ , (xxx) F44 [ , (xxxi) or (xxxii) ] ] of paragraph (a) of this subsection shall be regarded as being a debt to which this section applies if, and only if, the relevant recommendation, decision, determination, award or order was made during, or after the expiration of, the relevant period.

F52 [ (c) A payment shall not be made under this section in respect of a debt referred to in subparagraph (xiv), (xv), (xvi), (xvii), (xviii), (xix), (xx), (xxi), (xxii), (xxiii) F53 [ , (xxv) F48 [ , (xxvi) F49 [ , (xxvii) F50 [ , (xxviii) F51 [ , (xxix) F41 [ , (xxx) F44 [ , (xxxi) or (xxxii) ] ] of paragraph (a) of this subsection until the period for making an appeal against

F44 [ (i) the decision or recommendation, as appropriate, of the rights commissioner, or the decision of the adjudication officer under Part 4 of the Act of 2015, ]

(ii) the determination of the Employment Appeals Tribunal or the Labour Court, as appropriate,

has expired, or any such appeal made has been withdrawn or determined. ]

(3) Where—

( a) legal proceedings are instituted by or on behalf of an employee and on foot of all or any of the following—

(i) a claim for arrears described in subparagraph (i) or (ii) of subsection (2) of this section,

(ii) a claim for holiday pay described in subparagraph (iv) of the said subsection (2),

(iii) a claim for damages at common law for wrongful dismissal,

an award is made by the court in favour of the employee, and

( b) had the employee made an application under subsection (1) of this section in respect of any of the matters referred to in subparagraph (i), (ii) or (iii) of paragraph (a) of this subsection he would have satisfied the requirements of paragraphs (a), (b) and (c) of the said subsection (1),

subject to subsection (4) (a) of this section, there shall be paid out of F54 [ the Social Insurance Fund ] , to or in respect of the employee, an amount equal to—

(i) the amount of the award, or

(ii) the maximum which would have been payable out of the said Fund by virtue of this Act had the employee successfully sought redress under section 8 (1) or 9 (1) of the Act of 1977.

(4) ( a) The amount payable to an employee in respect of any debt mentioned in subsection (2) or award mentioned in subsection (3) of this section shall, where the amount of that debt is or may be calculated by reference to the employee’s remuneration, not exceed F55 [ 600 ] in respect of any one week or, in respect of any period of less than a week, an amount bearing the same proportion to F55 [ 600 ] as that period bears to the normal weekly working hours of the employee at the relevant date.

( b) An amount payable under this section in respect of a debt mentioned in subsection (2) (a) (ii) of this section as regards a particular period, shall not exceed the difference between the amount of any disability benefit or injury benefit payable under the Act of 1981 to the employee concerned as regards the period (together with, in either case, the amount of any pay-related benefit payable to such employee under the Act of 1981 as regards the period) and the amount of his normal weekly remuneration as regards the period.

( c) (i) A payment shall not be made under this section in respect of an amount which an employer is required to pay by virtue of a determination having been made under section 8 (1) or 9 (1) of the Act of 1977, unless—

(I) if proceedings are instituted under section 10 of the Act of 1977, the proceedings are withdrawn, or

(II) in case an appeal is brought under section 10 (4) of the Act of 1977 from the determination, the appeal has been either withdrawn or determined, or

(III) in case there is no such appeal, the time for bringing such an appeal has expired.

(ii) A payment shall not be made under this section in respect of an amount to which a recommendation under section 8 (1) of the Act of 1977 relates unless—

(I) in case an appeal from the recommendation is brought under section 9 (1) of the Act of 1977, the appeal is withdrawn, or

(II) in case there is no such appeal, the time for bringing such an appeal has expired.

(iii) A payment shall not be made under this section as regards a recommendation referred to in subsection (2) (a) (viii) (I) of this section unless—

(I) in case an appeal is brought under section 8 (1) ( a) of the Anti-Discrimination (Pay) Act, 1974, or section 21(1) of the Employment Equality Act, 1977, against the recommendation, the appeal is withdrawn, or

(II) in case there is no such appeal, the time for bringing such an appeal has expired.

F56 [ F57 [ (iv) a payment shall not be made under this section in respect of an amount to which a decision under Part V of the Maternity Protection Act, 1994 , Part IV of the Parental Leave Act, 1998 , or Part 4 of the Carer s Leave Act, 2001, relates unless ]

(I) in case an appeal from the decision to the Tribunal is brought under the Part in question, the appeal is withdrawn, or

(II) in case there is no such appeal, the time for bringing such an appeal has expired.

F58 [ F59 [ (v) a payment shall not be made under this section in respect of an amount to which a determination under Part V of the Maternity Protection Act, 1994 , Part IV of the Parental Leave Act, 1998 , or Part 4 of the Carer s Leave Act, 2001, relates unless ]

(I) in case an appeal from the decision or determination is brought under that Part, the appeal is withdrawn, or

(II) in case there is no such appeal, the time for bringing such an appeal has expired. ] ]

F60 [ (vi) A payment shall not be made under this section in respect of an amount to which a decision or determination under any provision of the Employment Equality Act, 1998, applies unless

(I) in case an appeal from the decision or determination is brought under that Part, the appeal is withdrawn, or

(II) in case there is no such appeal, the time for bringing such an appeal has expired.

F61 [ (vii) A payment shall not be made under this section in respect of an amount to which a decision of a rights commissioner under section 26 of the National Minimum Wage Act, 2000, relates unless

(I) in case an appeal from the decision to the Labour Court is brought under section 27 of that Act, the appeal is withdrawn, or

(II) in case there is no such appeal, the time for bringing such an appeal has expired.

(viii) A payment shall not be made under this section in respect of an amount to which a determination under section 29 of the National Minimum Wage Act, 2000, relates unless

(I) in case an appeal from the determination is brought to the High Court under section 30 of that Act, the appeal is withdrawn, or

(II) in case there is no appeal, the time for bringing an appeal has expired. ] ]

(5) The provisions of subsections (6) and (7) of this section shall apply in a case where a relevant officer is either appointed or required to be appointed.

(6) Subject to subsection (7) of this section, the Minister shall not in a case which is a case referred to in subsection (5) of this section make any payment under this section in respect of any debt until he has received a statement in the prescribed form from the relevant officer of the amount of that debt which appears to have been owed to the employee on the relevant date and to remain unpaid; and the relevant officer shall, on a request being made in that behalf, by the Minister, provide him, as soon as is reasonably practicable, with such a statement.

(7) Where—

( a) a period of six months has elapsed since the application for a payment under this section was received by the Minister, but no such payment has been made,

( b) the Minister is satisfied that a payment under this section should be made, and

( c) it appears to the Minister that there is likely to be further delay before he receives a statement referred to in subsection (6) of this section regarding the debt in question,

then, the Minister may, if the applicant so requests, or if the Minister thinks fit, without such a request, make a payment under this section notwithstanding the fact that no such statement has been received.

(8) Where an application is made to the Minister under this section and in relation to any or each of the debts to which the application relates, the Minister is satisfied that—

( a) there was an agreement between the applicant and the employer concerned that the whole or any part of the debt would be the subject of an application under this section, and

( b) when the agreement was made such employer had the means to pay such debt or the part thereof,

the Minister may either refuse the application or disallow it in so far as it relates to such debt or part.

(9) In this section—

normal weekly remuneration” has the meaning assigned to it by Schedule 3 to the Act of 1967 for the purposes of that Schedule save that any reference in that Schedule to the date on which an employee was declared redundant may, where appropriate, be construed as including a reference to the relevant date;

the relevant date” means—

( a) in relation to a debt which is an amount, damages, fine or compensation referred to in F62 [ subparagraph (iii)(I), ] (v), (vi), (viii), (ix), F63 [ (x), (xi), (xiii), (xiv), (xv), (xvi), (xvii), (xviii), (xix), (xx), (xxi), (xxii), (xxiii), (xxiv) F64 [ , (xxv) F48 [ , (xxvi) F49 [ , (xxvii) F50 [ , (xxviii) F51 [ , (xxix) F41 [ , (xxx) F44 [ , (xxxi) or (xxxii) ] ] of subsection (2) (a) of this section, the date on which the relevant employer became insolvent or the date on which the relevant recommendation, decision, determination, award or order is made, whichever is the later,

F65 [ ( aa ) in relation to a debt referred to in subparagraph (iii)(II), the date of termination of employment, ]

( b) in relation to any other debt to which this section applies—

(i) in case the relevant applicant’s employment is terminated as a result of the relevant employer’s insolvency, the date on which such employer became insolvent, or the date of such termination, whichever such applicant shall as regards the debt nominate, or

(ii) in any other case, the date on which such employer became insolvent;

the relevant period” means in relation to a debt to which this section applies, the period of eighteen months immediately preceding the relevant date.

(10) No reference in subsection (3) of this section to an award shall be construed as including a reference to any amount allowed as regards costs.

Annotations:

Amendments:

F16

Substituted (1.05.1990) by Social Welfare Act 1990 (5/1990), s. 28(b), commenced as per s. 31.

F17

Substituted (25.05.2003) by Redundancy Payments Act 2003 (14/2003) s. 15(a), S.I. No. 194 of 2003. Note reg. 3(2)(b) of commencement order: s. 15 applies only to those circumstances where the relevant date defined by s. 6(9) occurs on or after 25.05.2003.

F18

Substituted (30.01.1995) by Maternity Protection Act 1994 (34/1994), s. 41(1) and (2), S.I. No. 16 of 1995.

F19

Substituted (2.07.2001) by Carer’s Leave Act 2001 (19/2001), s. 30(a), commenced on enactment.

F20

Inserted (18.10.1999) by Employment Equality Act 1998 (21/1998), s. 103(4) and (5), S.I. No. 320 of 1999.

F21

Deleted (1.04.2000) by National Minimum Wage Act 2000 (5/2000), s. 47(a)(i), S.I. No. 96 of 2000.

F22

Substituted (1.04.2000) by National Minimum Wage Act 2000 (5/2000), s. 47(a)(ii), S.I. No. 96 of 2000.

F23

Inserted (1.04.2000) by National Minimum Wage Act 2000 (5/2000), s. 47(a)(iii), S.I. No. 96 of 2000.

F24

Substituted (8.10.2005) by European Communities (Protection of Employees (Employers’ Insolvency) Regulations 2005 (S.I. No. 630 of 2005), reg. 6(a)(i).

F25

Inserted by (8.10.2005) by European Communities (Protection of Employees (Employers’ Insolvency) Regulations 2005 (S.I. No. 630 of 2005), reg. 6(a)(ii).

F26

Deleted (1.01.2007) by Employment Permits Act 2006 (16/2006), s. 26(3), (4) and sch. 2, art. 6(2)(a)(i), S.I. No. 682 of 2006.

F27

Substituted (1.01.2007) by Employment Permits Act 2006 (16/2006), s. 26(3), (4) and sch. 2, art. 6(2)(a)(ii), S.I. No. 682 of 2006.

F28

Deleted (9.08.2011) by Criminal Justice Act 2011 (22/2011), s. 20(2) and sch. 2 art. 6, S.I. No. 411 of 2011.

F29

Inserted (1.01.2007) by Employment Permits Act 2006 (16/2006), s. 26(3), (4) and sch. 2, art. 6(2)(a)(iii), S.I. No. 682 of 2006.

F30

Substituted (16.05.2012) by Protection of Employees (Temporary Agency Work) Act 2012 (13/2012), s. 25 and sch. 2 para. 6, commenced on enactment.

F31

Inserted (9.08.2011) by Criminal Justice Act 2011 (22/2011), s. 20(2) and sch. 2 art. 6(2)(a)(iii), S.I. No. 411 of 2011.

F32

Substituted (6.07.12) by Property Services (Regulation) Act 2011 (40/2011), s. 67(5) and sch. 4 para. 5(a)(ii), S.I. 198 of 2012.

F33

Deleted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 17(a)(i), commenced on enactment.

F34

Inserted (6.07.2012) by Property Services (Regulation) Act 2011 (40/2011), s. 67(5) and sch. 4 para. 5(a)(iii), S.I. No. 198 of 2012.

F35

Substituted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 17(a)(ii), S.I. No. 302 of 2012.

F36

Deleted (1.08.2013) by Central Bank (Supervision and Enforcement) Act 2013 (26/2013), s. 41 and sch. 5 para. 6(a)(i), S.I. No. 287 of 2013.

F37

Inserted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 17(a)(iii), S.I. No. 302 of 2012.

F38

Substituted (1.08.2013) by Central Bank (Supervision and Enforcement) Act 2013 (26/2013), s. 41 and sch. 5 para. 6(a)(ii), (b), (c), S.I. No. 287 of 2013.

F39

Deleted (15.07.2014) by Protected Disclosures Act 2014 (14/2014), s. 12 and sch. 2 para. 6(a)(i), S.I. No. 327 of 2014.

F40

Inserted (1.08.2013) by Central Bank (Supervision and Enforcement) Act 2013 (26/2013), s. 41 and sch. 5 para. 6(a)(iii), S.I. No. 287 of 2013.

F41

Substituted (15.07.2014) by Protected Disclosures Act 2014 (14/2014), s. 12 and sch. 2 para. 6(a)(ii), (b), (c), (d), S.I. No. 327 of 2014.

F42

Deleted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 81(2)(a), S.I. No. 410 of 2015, subject to transitional provision in subs. (4).

F43

Inserted (15.07.2014) by Protected Disclosures Act 2014 (14/2014), s. 12 and sch. 2 para. 6(a)(iii), S.I. No. 327 of 2014.

F44

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 81(2)(b), (d)-(f), S.I. No. 410 of 2015, subject to transitional provision in subs. (4).

F45

Inserted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 81(2)(c), S.I. No. 410 of 2015, subject to transitional provision in subs. (4).

F46

Substituted (8.10.2005) by European Communities (Protection of Employees (Employers’ Insolvency) Regulations 2005 (S.I. No. 630 of 2005), reg. 6(b).

F47

Substituted (1.01.2007) by Employment Permits Act 2006 (16/2006), s. 26(3), (4) and sch. 2, art. 6(2)(b), S.I. No. 682 of 2006.

F48

Substituted (9.08.2011) by Criminal Justice Act 2011 (22/2011), s. 20(2) and sch. 2 art. 6(2)(a)(ii), (b), (c) and (d), S.I. No. 411 of 2011.

F49

Substituted (6.07.2012) by Property Services (Regulation) Act 2011 (40/2011), sch. 4 para. 5(b), (c) and (d), S.I. No. 198 of 2012.

F50

Substituted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 17(b), (c) and (d), S.I. No. 302 of 2012.

F51

Substituted (1.08.2013) by Central Bank (Supervision and Enforcement) Act 2013 (26/2013), s. 41 and sch. 5 para. 6(a)(ii), (b), (c), (d), S.I. No. 287 of 2013.

F52

Inserted (8.10.2005) by European Communities (Protection of Employees (Employers’ Insolvency) Regulations 2005 (S.I. No. 630 of 2005), reg. 6(c).

F53

Substituted (1.01.2007) by Employment Permits Act 2006 (16/2006), s. 26(3), (4) and sch. 2, art. 6(2)(c), S.I. No. 682 of 2006.

F54

Substituted (1.05.1990) by Social Welfare Act 1990 (5/1990), s. 28(b), commenced as per s. 31.

F55

Substituted (1.01.2005) by Protection of Employees (Employers’ Insolvency) (Variation of Limit) Regulations 2004 (S.I. No. 696 of 2004), reg. 3, in respect of debts to which the Act applies and where the relevant date is not earlier than 1.01.2005.

F56

Inserted (30.01.1995) by Maternity Protection Act 1994 (34/1994), s. 41(3), S.I. No. 16 of 1995.

F57

Substituted (2.07.2001) by Carer’s Leave Act 2001 (19/2001), s. 30(b)(i), commenced on enactment.

F58

Inserted (18.10.1999) by Employment Equality Act 1998 (21/1998), s. 103(4) and (6), S.I. No. 320 of 1999.

F59

Substituted (2.07.2001) by Carers’ Leave Act 2001 (19/2001), s. 30(b)(ii), commenced on enactment.

F60

Inserted (18.10.1999) by Employment Equality Act 1998 (21/1998), s. 103(4) and (6), S.I. No. 320 of 1999.

F61

Inserted (1.04.2000) by National Minimum Wage Act 2000 (5/2000) s. 47(b), S.I. No. 96 of 2000.

F62

Substituted (25.05.2003) by Redundancy Payments Act 2003 (14/2003) s. 15(b), S.I. No. 194 of 2003.

F63

Substituted (8.10.2005) by European Communities (Protection of Employees (Employers’ Insolvency) Regulations 2005 (S.I. No. 630 of 2005), reg. 6(d).

F64

Substituted (1.01.2007) by Employment Permits Act 2006 (16/2006), s. 26(3), (4) and sch. 2, art. 6(2)(d), S.I. No. 682 of 2006.

F65

Substituted (25.05.2003) by Redundancy Payments Act 2003 (14/2003), s. 15(c), S.I. No. 194 of 2003. Note: in accordance with the commencement order, s. 15 of the Act applies only to those circumstances where the relevant date defined by Protection of Employees (Employers’ Insolvency) Act 1984, s. 6(9) occurs on or after 25.05.2003.

Modifications (not altering text):

C4

Payments under subs. (2)(a)(i) not excluded (1.04.2000) by National Minimum Wage Act 2000 (5/2000), s. 41(14), S.I. No. 96 of 2000.

41.— ...

Employer in financial difficulty.

(14) A payment from the Social Insurance Fund in accordance with section 6(2)(a)(i) of the Protection of Employees (Employers’ Insolvency) Acts, 1984 to 1991, shall not have regard to any exemption under this section and any such payment shall be made to the employee as if the employee had been paid the national minimum hourly rate of pay to which he or she was otherwise entitled under this Act, for the period of the exemption.

C5

Application of subs. (4)(c)(i) extended (20.03.1995) by Adoptive Leave Act 1995 (2/1995) s. 40(b), S.I. No. 64 of 1995.

Extension of Protection of Employees (Employers’ Insolvency) Act, 1984.

40.—In section 6 of the Protection of Employees (Employers’ Insolvency) Act, 1984 —

(a) the references in subparagraph (v) of subsection (2) (a) to a determination or order shall be construed as including references to a decision, determination or order under Part V, and

(b) the references in subparagraph (i) of subsection (4) (c) to a determination shall be construed as including references to a decision or determination under Part V and the reference in clause (II) of the said subparagraph, to section 10 (4) of the Act of 1977 shall be construed as including a reference to section 35 or 36, as may be appropriate.

Editorial Notes:

E7

Previous affecting provision: subs. (2)(a)(xxvi) amended (7.06.2012) by Property Services (Regulation) Act 2011 (40/2011), s. 67(5) and sch. 4 para. 5(a)(i), S.I. No. 198 of 2012; already amended as per F-note above.

E8

Power pursuant to section exercised (30.09.2011) by Protection of Employees (Employers’ Insolvency) Procedures Regulations 2011 (S.I. No. 504 of 2011).

E9

Previous affecting provision: subs. (2)(a)(xxvi) amended (9.08.2011) by Criminal Justice Act 2011 (22/2011), s. 20 and sch. 2, para. 6(a)(ii), S.I. No. 411 of 2011; substituted as per F-note above.

E10

Previous affecting provision: power pursuant to section exercised (2.11.2005) by Protection of Employees (Employers’ Insolvency) (Forms and Procedure) Regulations 2005 (S.I. No. 682 of 2005); revoked (30.09.2011) by Protection of Employees (Employers’ Insolvency) Procedures Regulations 2011 (S.I. No. 504 of 2011), reg. 4.

E11

Previous affecting provision: power pursuant to section exercised (25.05.2003) by Protection of Employees (Employers' Insolvency) (Forms and Procedure) (Amendment) Regulations 2003 (S.I. No. 197 of 2003). These regulations are not revoked but amend S.I. No. 356 of 1984 which is revoked.

E12

Previous affecting provision: power pursuant to section exercised (1.01.2002) by Protection of Employees (Employers’ Insolvency) (Forms and Procedure) (Amendment) Regulations 2001 (S.I. No. 581 of 2001). These regulations are not revoked but amend S.I. No. 356 of 1984 which is revoked.

E13

Previous affecting provision: words in subs. (9) substituted (1.04.2000) by National Minimum Wage Act 2000 (5/2000), s. 47(c), S.I. No. 96 of 2000; substituted (8.10.2005) by European Communities (Protection of Employees (Employers’ Insolvency) Regulations 2005 (S.I. No. 630 of 2005), reg. 6(d); in turn substituted as per F-note above.

E14

Previous affecting provision: subs. (2)(a)(v)(II) substituted (3.12.1998) by Parental Leave Act 1998 (30/199), s. 26(1), commenced as per s. 1(2); substituted as per F-note above.

E15

Previous affecting provisions: subs. (4)(c)(iv) and (v) substituted in part (3.12.1998) by Parental Leave Act 1998 (30/1998), s. 26(1) and (3), commenced as per s. 1(2); superseded as per F-note above.

E16

Previous affecting provision: power pursuant to section exercised (30.12.1991) by Protection of Employees (Employers’ Insolvency) (Occupational Pension Scheme) (Forms and Procedure) Regulations 1990 (S.I. No. 349 of 1991). These regulations are not revoked but amend S.I. No. 356 of 1984 which is revoked.

E17

Previous affecting provisions: amount in subs. (4)(a) substituted (1.02.1990) by Protection of Employees (Employers’ Insolvency) (Variation of Limit) Regulations 1990 ( S.I. No. 17 of 1990), reg. 2(1); substituted (1.05.1994) by Protection of Employees (Employers’ Insolvency) (Variation of Limit) Regulations 1994 (S.I. No. 62 of 1994), reg. 3; substituted (1.04.2001) by Protection of Employees (Employers’ Insolvency) (Variation of Limit) Regulations, 2001 (S.I. No. 42 of 2001), reg. 3; in turn substituted as per F-note above.

E18

Previous affecting provision: power pursuant to section exercised (20.12.1984) by Protection of Employees (Employers' Insolvency) (Forms and Procedure) Regulations 1984 (S.I. No. 356 of 1984); revoked (2.11.2005) by Protection of Employees (Employers’ Insolvency) (Forms and Procedure) Regulations 2005 (S.I. No. 682 of 2005), reg. 6.