Redundancy Payments Act 1967
Employment wholly or partly abroad.
25.—(1) An employee shall not be entitled to redundancy payment if on the date of dismissal he is outside the State, unless under his contract of employment he ordinarily worked in the State.
(2) F57[Notwithstanding subsection (1), an employee] who under his contract of employment ordinarily works outside the State shall not be entitled to redundancy payment unless, immediately before he commenced to work outside the State, F58[the employee was insurable for all benefits under the Social Welfare (Consolidation) Act 1993 or would have been insurable for all such benefits but for the fact that the employment concerned was an excepted employment by virtue of paragraph 2, 4 or 5 of Part II of the First Schedule to that Act and the employee] was in the employment of the employer concerned and unless—
(a) he was in the State in accordance with the instructions of his employer on the date of dismissal, or
(b) he had not been afforded a reasonable opportunity by his employer of being in the State on that date.
F59[(2A) An employee who under a contract of employment has worked outside the State and was working in the State for at least two years immediately prior to the date of termination of the employment concerned shall be entitled to redundancy payment in respect of all his employment with the employer concerned.]
(3) In computing, for the purposes of this Act, for what period of service a person was in continuous employment, any period of service in the employment of the employer concerned while the employee was outside the State shall be deemed to have been service in the employment of that employer within the State.
(4) Where an employee who has worked for his employer outside the State becomes entitled to redundancy payment under this Act, the employer in making any lump sum payment due to the employee under section 19 shall be entitled to deduct from that payment any redundancy payment to which that employee may have been entitled under a statutory scheme relating to redundancy in the State in which he was working.
Inserted (1.09.1971) by Redundancy Payments Act 1971 (20/1971), s. 19(1) and sch., S.I. No. 230 of 1971.
Inserted (25.05.2003) by Redundancy Payments Act 2003 (14/2003), s. 8(a), S.I. No. 194 of 2003.
Inserted (25.05.2003) by Redundancy Payments Act 2003 (14/2003), s. 8(b), S.I. No. 194 of 2003.