LABOUR SERVICES ACT 1987


Number 15 of 1987


LABOUR SERVICES ACT 1987

REVISED

Updated to 5 June 2013


This Revised Act is an administrative consolidation of the Labour Services Act 1987. 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 Financial Emergency Measures in the Public Interest Act 2013 (18/2013), enacted 5 June 2013, and all statutory instruments up to and including Sea-Fisheries (Technical Measures) Regulations 2013 (S.I. No. 197 of 2013), made 5 June 2013, 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 15 of 1987


LABOUR SERVICES ACT 1987

REVISED

Updated to 5 June 2013


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

Labour Services Acts 1987 to 2009 : This Act is one of a group of Acts included in this collective citation to be construed together as one ( Labour Services (Amendment) Act 2009, s. 13(2)). The Acts in the group are:

Labour Services Act 1987 (15/1987)

Qualifications (Education and Training) Act 1999 (26/1999)

Labour Services (Amendment) Act 2009 (38/2009)

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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 2000, may be found in the Legislation Directory at www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Qualifications and Quality Assurance (Education and Training) Act 2012 (28/2012)

Ministers and Secretaries (Amendment) Act 2011 (10/2011)

Social Welfare and Pensions Act 2010 (37/2010)

Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010)

Labour Services (Amendment Act) 2009 (38/2009)

Qualifications (Education and Training) Act 1999 (26/1999)

Finance Act 1998 (3/1998)

All Acts up to and including Financial Emergency Measures in the Public Interest Act 2013 (18/2013), enacted 5 June 2013, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Employment Programmes and Services and Skills Training (Transfer of Departmental Administration and Ministerial Functions) Order 2010 (S.I. No. 187 of 2010)

An Foras Áiseanna Saothair (Closed) Spouses’and Children’s Contributory Pension Scheme 2009 (S.I. No. 420 of 2009)

An Foras Áiseanna Saothair (Closed) (Amendment) Superannuation Scheme 2009 (S.I. No. 414 of 2009)

FÁS Spouses and Childrens Contributory Pension Scheme 2008 (S.I. No. 403 of 2009)

European Communities (Protection of Employees) (Part-Time Workers) Regulations 2005 (S.I. No. 528 of 2005)

An Foras Áiseanna Saothair (Closed) Superannuation Scheme 1998 (S.I. No. 515 of 1998)

An Foras Áiseanna Saothair (Closed) Superannuation Scheme 1998 (S.I. No. 514 of 1998)

Industrial Training Levy (Textiles Industry, 1999 Scheme) Order 1998 (S.I. No. 474 of 1998)

Industrial Training Levy (Engineering Industry, 1999 Scheme) Order 1998 (S.I. No. 473 of 1998)

Industrial Training Levy (Chemical and Allied Products Industry, 1999 Scheme) Order 1998 (S.I. No. 472 of 1998)

Industrial Training Levy (Clothing and Footwear Industry, 1999 Scheme) Order 1998 (S.I. No. 471 of 1998)

Industrial Training Levy (Food, Drink and Tobacco Industry, 1999 Scheme) Order 1998 (S.I. No. 470 of 1998)

Industrial Training Levy (Chemical and Allied Products Industry, 1998 Scheme) Order 1998 (S.I. No. 127 of 1998)

Industrial Training Levy (Textiles Industry, 1998 Scheme) Order 1997 (S.I. No. 454 of 1997)

Industrial Training Levy (Engineering Industry, 1998 Scheme) Order 1997 (S.I. No. 453 of 1997)

Industrial Training Levy (Clothing and Footwear Industry, 1998 Scheme) Order 1997 (S.I. No. 452 of 1997)

Industrial Training Levy (Chemical and Allied Products Industry 1998 Scheme) Order 1997 (S.I. No. 451 of 1997)

Industrial Training Levy (Food, Drink and Tobacco Industry, 1998 Scheme) Order 1997 (S.I. No. 450 of 1997)

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

Industrial Training (Printing and Paper Committee) (Amendment) Order 1997 (S.I. No. 51 of 1997)

Industrial Training (Engineering Committee) (Amendment) Order 1997 (S.I. No. 50 of 1997)

Industrial Training (Textiles, Clothing and Footwear Committee) (Amendment) Order 1997 (S.I. No. 49 of 1997)

Industrial Training (Textiles, Clothing and Footwear Committee) (Amendment) Order 1997 (S.I. No. 48 of 1997)

Industrial Training (Chemical and Allied Products Committee) (Amendment) Order 1997, (S.I. No. 47 of 1997)

Industrial Training (Construction Committee) (Amendment) Order 1997 (S.I. No. 46 of 1997)

Industrial Training Levy (Textiles Industry, 1997 Scheme) Order (S.I. No. 356 of 1996)

Industrial Training Levy (Engineering Industry, 1997 Scheme) Order (S.I. No. 355 of 1996)

Industrial Training Levy (Food, Drink and Tobacco Industry, 1997 Scheme) Order (S.I. No. 354 of 1996)

Industrial Training Levy (Chemical and Allied Products Industry, 1997 Scheme) Order (S.I. No. 353 of 1996)

Industrial Training Levy (Clothing and Footwear Industry, 1997 Scheme) Order (S.I. No. 352 of 1996)

Industrial Training Levy (Engineering Industry, 1996) Order (S.I. No. 329 of 1995)

Industrial Training Levy (Chemical and Allied Products Industry, 1996) Order (S.I. No. 328 of 1995)

Industrial Training Levy (Food, Drink and Tobacco Industry, 1996) Order (S.I. No. 327 of 1995)

Industrial Training Levy (Clothing and Footwear Industry, 1996) Order (S.I. No. 326 of 1995)

Industrial Training Levy (Textiles Industry, 1996) Order (S.I. No. 325 of 1995)

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

Industrial Training Levy (Textiles Industry) Order 1994 (S.I. No. 358 of 1994)

Industrial Training Levy (Engineering Industry) Order 1994 (S.I. No. 357 of 1994)

Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1994 (S.I. No. 356 of 1994)

Industrial Training Levy (Chemical and Allied Products Industry) Order 1994 (S.I. No. 355 of 1994)

Industrial Training Levy (Clothing and Footwear Industry) Order 1994 (S.I. No. 354 of 1994)

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

Industrial Training Levy (Engineering Industry) Order 1993 (S.I. No. 367 of 1993)

Industrial Training Levy (Chemical and Allied Products Industry) Order 1993 (S.I. No. 366 of 1993)

Industrial Training Levy (Clothing and Footwear Industry) Order 1993 (S.I. No. 365 of 1993)

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

Industrial Training Levy (Printing and Paper Industry) Order 1993 (S.I. No. 118 of 1993)

Industrial Training Levy (Engineering Industry) Order 1993 (S.I. No. 117 of 1993)

Industrial Training Levy (Construction Industry) Order 1993 (S.I. No. 116 of 1993)

Industrial Training Levy (Chemical and Allied Products Industry) Order 1993 (S.I. No. 75 of 1993)

Industrial Training Levy (Textiles Industry) Order 1993 (S.I. No. 74 of 1993)

Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1993 (S.I. No. 73 of 1993)

Industrial Training Levy (Clothing and Footwear Industry) Order 1993 (S.I. No. 72 of 1993)

Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1990 (S.I. No. 310 of 1990)

Industrial Training Levy (Printing and Paper Industry) Order 1990 (S.I. No. 309 of 1990)

Industrial Training Levy (Construction Industry) Order 1990 (S.I. No. 308 of 1990)

Industrial Training Levy (Engineering Industry) Order 1990 (S.I. No. 307 of 1990)

Industrial Training Levy (Engineering Industry) Order 1989 (S.I. No. 249 of 1989)

Industrial Training Levy (Chemical and Allied Products Industry) Order 1989 (S.I. No. 248 of 1989)

Industrial Training Levy (Textiles Industry) Order 1989 (S.I. No. 247 of 1989)

Industrial Training Levy (Printing and Paper Industry) Order 1989 (S.I. No. 246 of 1989)

Industrial Training Levy (Clothing and Footwear Industry) Order 1989 (S.I. No. 245 of 1989)

Industrial Training (Textiles, Clothing and Footwear Committee) Order 1989 (S.I. No. 143 of 1989)

Industrial Training (Chemical and Allied Products Committee) (Amendment) Order 1989 (S.I. No. 142 of 1989)

Industrial Training (Printing and Paper Committee) (Amendment) Order 1989 (S.I. No. 140 of 1989)

Industrial Training (Construction Committee) (Amendment) Order 1989 (S.I. No. 139 of 1989)

Industrial Training (Food, Drink and Tobacco Committee) (Amendment) Order 1989 (S.I. No. 138 of 1989)

Industrial Training (Engineering Committee) (Amendment) Order 1989 (S.I. No. 137 of 1989)

Industrial Training Levy (Construction Industry) Order 1988 (S.I. No. 272 of 1988)

Industrial Training Levy (Food, Drink and Tobacco Industry) Order 1988 (S.I. No. 194 of 1988)

Industrial Training Levy (Printing and Paper Industry) Order 1988 (S.I. No. 139 of 1988)

Industrial Training Levy (Chemical and Allied Products Industry) Order 1988 (S.I. No. 33 of 1988)

Labour Services Act 1987 (Establishment Day) Order 1987 (S.I. No. 248 of 1987)

All statutory instruments up to and including Sea-Fisheries (Technical Measures) Regulations 2013 (S.I. No. 197 of 2013), made 5 June 2013, were considered in the preparation of this revision.


Number 15 of 1987


LABOUR SERVICES ACT 1987

REVISED

Updated to 5 June 2013


ARRANGEMENT OF SECTIONS

Section

1.

Definitions.

2.

Establishment day.

3.

Establishment of An Foras Áiseanna Saothair.

4.

Functions of An Foras.

5.

Conferral of additional functions on An Foras.

6.

Director General.

6A.

Accountability of Director General of An Foras Áiseanna Saothair to Committee of Public Accounts.

6B.

Accountability of Director General of An Foras Áiseanna Saothair to other committees of Houses of Oireachtas.

7.

Staff of An Foras and subsidiary.

8.

Superannuation of staff of An Foras.

9.

Membership of either House of Oireachtas or of European Parliament by members or staff of An Foras.

9A.

Disclosure by members of An Foras of certain interests.

9B.

Disclosure by directors of subsidiary of certain interests.

9C.

Disclosure by members of staff of An Foras of certain interests.

9D.

Disclosure by members of staff of subsidiary of certain interests.

10.

Advances by Minister to An Foras.

11.

Accounts of An Foras and subsidiary and auditors.

12.

Reports and information to Minister.

13.

Disclosure of information.

13A.

Protection from civil liability of persons who report certain misconduct.

13B.

Prohibition on penalisation.

13C.

False statements.

14.

Investment of moneys by An Foras and subsidiary.

15.

Borrowing by An Foras and subsidiary.

16.

Gifts.

17.

Directions by Minister to An Foras.

18.

Dissolution of An Chomhairle, winding up and dissolution of Agency and winding up of Manpower Service.

19.

Transfer of certain property and liabilities of Minister, An Chomhairle and Agency to An Foras.

20.

Preservation of certain continuing contracts and adaptation of references to Minister, An Chomhairle and Agency in certain documents.

21.

Saving for certain orders, regulations, rules, exemptions, committees, etc.

22.

Pending legal proceedings.

23.

Completion of certain matters commenced by Minister, An Chomhairle or Agency.

24.

Amendment of section 24 of Act of 1967.

25.

Employment and Training Levy.

26.

Repeals.

27.

Exemption from stamp duty.

28.

Expenses.

29.

Short title.

SCHEDULE 1

An Foras

Part I

Membership and Procedure of An Foras

Part II

Election of An Foras Employees’ Members of An Foras

SCHEDULE 2

Redress for Contravention of Section 13B(1)


Acts Referred to

Companies Act, 1963

1963, No. 33

European Assembly Elections Act, 1977

1977, No. 30

European Assembly Elections Act, 1984

1984, No. 6

Finance Act, 1895

1895, c. 16

Holidays (Employees) Act, 1973

1973, No. 25

Industrial Training Act, 1967

1967, No. 5

Minimum Notice and Terms of Employment Acts, 1973 and 1984

Redundancy Payments Acts, 1967 to 1984

Superannuation Acts, 1834 to 1963

Unfair Dismissals Act, 1977

1977, No. 10

Youth Employment Agency Act, 1981

1981, No. 32


Number 15 of 1987


LABOUR SERVICES ACT 1987

REVISED

Updated to 5 June 2013


AN ACT TO MAKE FURTHER PROVISION IN RELATION TO THE PROVISION OF TRAINING AND RE-TRAINING FOR EMPLOYMENT, THE PROVISION OF WORK EXPERIENCE AND THE ESTABLISHMENT OF EMPLOYMENT SCHEMES AND JOB PLACEMENT SERVICES, FOR THOSE AND OTHER PURPOSES TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS AN FORAS ÁISEANNA SAOTHAIR AND TO DEFINE ITS FUNCTIONS, TO PROVIDE FOR THE DISSOLUTION OF AN CHOMHAIRLE OILIÚNA AND THE YOUTH EMPLOYMENT AGENCY AND THE WINDING UP OF THE NATIONAL MANPOWER SERVICE OF THE MINISTER FOR LABOUR AND THE TRANSFER OF THEIR FUNCTIONS TO AN FORAS ÁISEANNA SAOTHAIR AND TO PROVIDE FOR CONNECTED MATTERS. [18 th July, 1987]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Functions transferred (1.05.2010) by Employment Programmes and Services and Skills Training (Transfer of Departmental Administration and Ministerial Functions) Order 2010 (S.I. No. 187 of 2010), arts. 2, 3, subject to transitional provisions in arts. 4-8.

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 Education and Science.

(2) References to the Department of Enterprise, Trade and Employment contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be read as references to the Department of Education and Science.

3. (1) The functions vested in the Minister for Enterprise, Trade and Employment by or under— ...

(c) the Labour Services Act (No. 15 of 1987), and

...

are transferred to the Minister for Education and Science.

(2) References to the Minister for Enterprise, Trade and Employment contained in any Act or instrument made under such Act and relating to any functions transferred by paragraph (1) shall, from the commencement of this Order, be read as references to the Minister for Education and Science.

(3) The functions of the Minister for Education and Science under sections 27(3) and 32(1) of the Industrial Training Act 1967 and paragraph 2(2) (inserted by section 9 of the Labour Services (Amendment) Act 2009 ) of Part I of the Schedule to the Labour Services Act 1987 are transferred to the Minister for Enterprise, Trade and Employment.

C2

Act included in collective citation (20.01.2010) by Labour Services (Amendment) Act 2009 (38/2009), s. 13(2), S.I. No. 12 of 2010.

Short title, collective citation, construction and commencement.

13.— ...

(2) The Labour Services Acts 1987 and 1999 and this Act may be cited together as the Labour Services Acts 1987 to 2009.

...

Act also included in collective citation (26.02.2001) by Qualifications (Education and Training) Act 1999 (26/1999), s. 1(3)(d), S.I. No. 57 of 2001.

C3

Enforcement of Act extended (1.09.1994) by Labour Services Act 1987—Apprenticeship Rules 1994 (S.I. No. 228 of 1994), rule 11.

11. Prosecution of Offences

An offence under the Industrial Training Act 1967 or the Labour Services Act 1987 or this Statutory Instrument may be prosecuted by an Foras.

Editorial Notes:

E1

Previous affecting provision: functions transferred from Minister for and Department of Labour to Minister for and Department of Industry and Commerce (20.01.1993) by Labour (Transfer of Departmental Administration and Ministerial Functions) Order 1993 (S.I. No. 18 of 1993).