LABOUR SERVICES ACT 1987

Staff of An Foras and subsidiary.

7

7. (1) ( a) An Foras may appoint such, and such number of, persons to be members of the staff of An Foras as it may determine with the consent of the Minister and the Minister for Finance.

( b) The board of the subsidiary may appoint such, and such number of, persons to be members of the staff of the subsidiary as it may determine with the consent of the Minister and the Minister for Finance.

(2) ( a) A member of the staff of An Foras (other than the Director General) or of the staff of the subsidiary shall be paid, out of the moneys at the disposal of An Foras or the subsidiary, as the case may be, such remuneration and allowances for expenses incurred by him as An Foras, or the subsidiary, as the case may be, with the consent of the Minister and the Minister for Finance, may determine.

( b) A member of the staff of An Foras referred to in paragraph (a) or the staff of the subsidiary shall hold his office or employment on such other terms and conditions as An Foras or, as the case may be, the board of the subsidiary, with the consent of the Minister and the Minister for Finance, may determine.

(3) The grades of the staffs of An Foras and the subsidiary, and the numbers of each staff in each grade, shall be determined by An Foras with the consent of the Minister and the Minister for Finance or, as the case may be, the board of the subsidiary with the consent of the Minister and the Minister for Finance.

(4) ( a) Every person who immediately before the establishment day is a member of the staff of An Chomhairle or the Agency shall, on that day, be transferred to, and become a member of the staff of, An Foras.

( b) Every officer of the Minister who has been designated by the Minister at any time before such day as may be appointed by the Minister by order shall, on the day of such designation, be transferred to, and become a member of, the staff of An Foras.

( c) The Minister shall not make an order under paragraph (b) without having notified in writing any recognised trade unions or staff associations concerned and An Foras of his intention to do so and considering any representations made by them or any of them in relation to the matter within such time as may be specified in the notification.

(5) ( a) The terms and conditions relating to tenure of office which are granted by An Foras in relation to a member of the staff of An Foras who was transferred by subsection (4) to its staff from An Chomhairle or the Agency shall not, while he is in the service of An Foras, be less favourable to him than those prevailing immediately before the establishment day in An Chomhairle or the Agency, as may be appropriate, save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned.

( b) The terms and conditions relating to tenure of office which are granted by An Foras in relation to a member of the staff of An Foras who was designated by the Minister and under subsection (4) transferred by that subsection to its staff shall not, while he is in the service of An Foras, be less favourable to him than those prevailing for the time being in the civil service; any alteration in the conditions in regard to tenure of office of any such member shall not be such as to render those conditions less favourable to him than those prevailing in the civil service at the time of such alteration save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned. If a dispute arises between An Foras and any such member as to conditions prevailing in the civil service, the matter shall be determined by the Minister for Finance after consultation with the Minister.

(6) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a member of the staff of An Chomhairle or the Agency or an officer of the Minister designated by the Minister under subsection (4), who is transferred by that subsection to the staff of An Foras shall not, while in the service of An Foras, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service (other than those relating to tenure of office) than the scale of pay to which he was entitled and the terms and conditions of service (other than those relating to tenure of office) to which he was subject immediately before the day on which he was so transferred.

(7) Until such time as the scales of pay and the terms and conditions of service (other than those relating to tenure of office) of staff so transferred are varied by An Foras, following consultation with any recognised trade unions and staff associations concerned, the scales of pay to which they were entitled and the terms and conditions of service (other than those relating to tenure of office), restrictions, requirements and obligations to which they were subject immediately before their transfer shall continue to apply to them and may be applied or imposed by An Foras or the Director General, as the case may be, while they are in the service of An Foras. No such variation shall operate to worsen the scales of pay or the terms or conditions of service aforesaid applicable to a member of such staff immediately before the day on which he was transferred by subsection (4) to the staff of An Foras, save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned.

(8) In relation to staff transferred by subsection (4) to the staff of An Foras, previous service in An Chomhairle, the Agency or the civil service shall be reckonable for the purposes of, but subject to any other exceptions or exclusions in, the Redundancy Payments Acts, 1967 to 1984, the Holidays (Employees) Act, 1973, the Minimum Notice and Terms of Employment Acts, 1973 and 1984, and the Unfair Dismissals Act, 1977.

(9) An Foras may perform any of its functions through or by a member of its staff duly authorised by An Foras in that behalf.