Terms of Employment (Information) Act 1994


Number 5 of 1994


TERMS OF EMPLOYMENT (INFORMATION) ACT 1994

REVISED

Updated to 1 September 2017


This Revised Act is an administrative consolidation of the Terms of Employment (Information) Act 1994. 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 National Shared Services Office Act 2017 (26/2017), enacted 26 July 2017, and all statutory instruments up to and including Education Support Centres (Appointment and Secondment of Directors) Regulations 2017 (S.I. No. 394 of 2017), made 1 September 2017, 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 5 of 1994


TERMS OF EMPLOYMENT (INFORMATION) ACT 1994

REVISED

Updated to 1 September 2017


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

Terms of Employment (Information) Acts 1994 to 2014 : this Act is one of a group of Acts included in this collective citation to be construed together as one ( Local Government Reform Act 2014 (1/2014), s. 1(21)). The Acts in the group are:

Terms of Employment (Information) Act 1994 (5/1994)

Protection of Employees (Part-Time Work) Act 2001 (45/2001), in so far as it relates to the Terms of Employment (Information) Act 1994

Industrial Relations (Amendment) Act 2012 (32/2012), s. 18

Local Government Reform Act 2014 (1/2014), s. 1(21) and the amendment to the Terms of Employment (Information) Act 1994 provided for in s. 5(6) and sch. 2 part 6 (Note: it appears that the reference to s. 5(6) is intended to be to s. 5(8))

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 1994, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

National Minimum Wage (Low Pay Commission) Act 2015 (22/2015)

Workplace Relations Act 2015 (16/2015)

Local Government Reform Act 2014 (1/2014)

Education and Training Boards Act 2013 (11/2013)

Industrial Relations (Amendment) Act 2012 (32/2012)

Protection of Employees (Temporary Agency Work) Act 2012 (13/2012)

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

Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007 (32/2007)

Social Welfare Consolidation Act 2005 (26/2005)

Protection of Employees (Part-Time Work) Act 2001 (45/2001)

National Minimum Wage Act 2000 (5/2000)

Organisation of Working Time Act 1997 (20/1997)

All Acts up to and including National Shared Services Office Act 2017 (26/2017), enacted 26 July 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Labour Affairs and Labour Law (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 361 of 2017)

Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 245 of 2011)

Enterprise, Trade and Employment (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 185 of 2010)

Terms of Employment (Additional Information) Order 1998 (S.I. No. 49 of 1998)

Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 305 of 1997)

Terms of Employment (Information) Act, 1994 (Section 3 (6)) Order 1997 (S.I. No. 4 of 1997)

Terms of Employment (Information) (Appeals and Complaints) Regulations 1994 (S.I. No. 244 of 1994)

Terms of Employment (Information) Act, 1994 (Commencement) Order 1994 (S.I. No. 96 of 1994)

All statutory instruments up to and including Education Support Centres (Appointment and Secondment of Directors) Regulations 2017 (S.I. No. 394 of 2017), made 1 September 2017, were considered in the preparation of this revision.

Number 5 of 1994


TERMS OF EMPLOYMENT (INFORMATION) ACT 1994

REVISED

Updated to 1 September 2017


ARRANGEMENT OF SECTIONS


Number 5 of 1994


TERMS OF EMPLOYMENT (INFORMATION) ACT 1994

REVISED

Updated to 1 September 2017


AN ACT TO PROVIDE FOR THE IMPLEMENTATION OF DIRECTIVE NO. 91/533/EEC OF 14 OCTOBER, 1991 OF THE COUNCIL OF THE EUROPEAN COMMUNITIES ON AN EMPLOYER’S OBLIGATION TO INFORM EMPLOYEES OF THE CONDITIONS APPLICABLE TO THE CONTRACT OR EMPLOYMENT RELATIONSHIP, TO AMEND THE MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACT, 1973, AND TO PROVIDE FOR RELATED MATTERS. [5 th April, 1994]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Functions under collectively cited Terms of Employment (Information) Acts 1994 to 2014 transferred and “Minister for” and “Department of Jobs, Enterprise and Innovation” construed (1.09.2017) by Labour Affairs and Labour Law (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 361 of 2017), arts. 2, 3, 6-8, in effect as per art. 1(2), subject to transitional provisions in arts. 4, 5. Note that original “Minister for” and “Department of Enterprise and Employment” changed:

• to Minister for and Department of Enterprise, Trade and Employment (12.07.1997) by Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 307 of 1997);

• to Minster for and Department of Enterprise, Trade and Innovation (2.05.2010) by Enterprise, Trade and Employment (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 185 of 2010); and

• to Minister for and Department of Jobs, Enterprise and Innovation (2.06.2011) by Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 245 of 2011).

...

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 Social Protection.

(2) References to the Department of Jobs, Enterprise and Innovation contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Social Protection.

3. (1) The functions vested in the Minister for Jobs, Enterprise and Innovation—

(a) by or under the Acts specified in Part 1 of the Schedule and the provisions of the Acts specified in Part 2 of the Schedule, and

(b) under the Regulations specified in Part 3 of the Schedule,

are transferred to the Minister for Social Protection.

(2) References to the Minister for Jobs, Enterprise and Innovation contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Social Protection.

...

SCHEDULE

PART 1

Acts of the Oireachtas

...

Terms of Employment (Information) Acts 1994 to 2014

...

C2

Minister empowered to make regulations for purpose of Act (16.05.2012) by Protection of Employees (Temporary Agency Work) Act 2012 (13/2012), s. 10(2), commenced on enactment.

Statement of terms of employment of agency workers.

10.— ...

(2) The Minister may, for the purposes of the Act of 1994, make regulations that make provision in relation to the giving of information by hirers to employment agencies for the purposes of enabling employment agencies to comply with that Act.

...

C3

Minister not deemed to be employer (1.01.2012) by Social Welfare Consolidation Act 2005 (26/2005), s. 359A(4) as inserted by Social Welfare and Pensions Act 2010 (37/2010), s. 29(4), S.I. No. 703 of 2011.

Functions of Minister in relation to employment schemes and related schemes and programmes.

359A.— ...

(4) The Minister shall not be, or be deemed to be, an employer, within the meaning of the Terms of Employment (Information) Acts 1994 and 2001 by reason only of the provision of funding by him or her to a person pursuant to a scheme or programme provided under this section.

...

C4

Minister not deemed to be employer within meaning of collectively cited Terms of Employment (Information) Acts 1994 and 2001 (1.09.2010) by Social Welfare (Miscellaneous Provisions) Act 2010 (28/2010), s. 32(2), S.I. No. 443 of 2010.

Functions of Minister.

32.— ...

(2) The Minister shall not be, or be deemed to be, an employer, within the meaning of the Terms of Employment (Information) Acts 1994 and 2001 by virtue only of the provision of funding to a person or persons under a scheme provided under this Part or the scheme referred to in subsection (1)(d)(i) or the programme referred to in subsection (1)(d)(ii).

...

C5

Minister not deemed to be employer within meaning of collectively cited Terms of Employment (Information) Acts 1994 and 2001 (9.07.2007) by Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007 (32/2007), s. 2(3), commenced on enactment.

Functions of Minister.

2.— ...

(3) The Minister shall not be, or be deemed to be, an employer, within the meaning of the Terms of Employment (Information) Acts 1994 and 2001, by virtue only of the provision of funding to a person or persons under any scheme.

...

C6

Application of Act to part-time employees confirmed (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:

E1

Act included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 2 and sch. 1 part 1 item 20, S.I. No. 338 of 2015, with the following effects:

• Authorised officers or inspectors under employment enactments deemed to be appointed under Workplace Relations Act 2015 (16/2015), s. 26(2) and subject to termination under s. 26(4).

• Powers of inspectors for purposes of relevant enactments defined in Workplace Relations Act 2015 (16/2015), s. 27.

• Workplace Relations Commission, an inspector or an adjudication officer authorised to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by Workplace Relations Act 2015 (16/2015) s. 31(5).

• Power of Workplace Relations Commission and official body to disclose information to each other concerning the commission of offence under relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 32.

• Power of Workplace Relations Commission and contracting authority to disclose information to each other concerning the commission of offence under employment enactment/ relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 33.

• Powers of Minister to prosecute under relevant enactments transferred to Workplace Relations Commission and references construed by Workplace Relations Act 2015 (16/2015), s. 37.

• Functions of EAT to hear claims under employment enactments transferred to Workplace Relations Commission and references to EAT construed by Workplace Relations Act 2015 (16/2015) s. 66(1), (2), not commenced as of date of revision.

E2

Power to amend name of employer or other material particular in decision under Act provided (30.09.1997) by Organisation of Working Time Act 1997 (20/1997), s. 39(2), S.I. No. 392 of 1997.