Minimum Notice and Terms of Employment Act 1973
Number 4of 1973
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACT 1973
REVISED
Updated to 14 October 2020
This Revised Act is an administrative consolidation of the Minimum Notice and Terms of Employment Act 1973. 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 the Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), enacted 14 October 2020, and all statutory instruments up to and including the Employment Affairs and Employment Law (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 438 of 2020), made 13 October 2020, 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 4 of 1973
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACT 1973
REVISED
Updated to 14 October 2020
ARRANGEMENT OF SECTIONS
Computation of Continuous Service
Rights of Employee During Period of Notice
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Acts Referred to |
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1967, No. 21 |
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1956, No. 45 |
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Merchant Shipping Act, 1894 |
1894, c. 60 |
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1963, No. 33 |
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Preferential Payments in Bankruptcy (Ireland) Act, 1889 |
1889, c. 60 |
Number 4 of 1973
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACT 1973
REVISED
Updated to 14 October 2020
AN ACT TO REQUIRE A MINIMUM PERIOD OF NOTICE TO TERMINATE THE EMPLOYMENT OF THOSE WHO HAVE BEEN EMPLOYED FOR A QUALIFYING PERIOD, TO PROVIDE FOR MATTERS CONNECTED WITH THE GIVING OF NOTICE, AND TO REQUIRE EMPLOYERS TO GIVE WRITTEN PARTICULARS OF THE TERMS OF EMPLOYMENT, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [9th May, 1973]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Functions under collectively cited Minimum Notice and Terms of Employment Acts transferred and references construed (14.10.2020) by Employment Affairs and Employment Law (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 438 of 2020), arts. 2, 3(1)(a), (2) and sch., in effect as per art. 1(2), 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 Business, Enterprise and Innovation.
(2) References to the Department of Employment Affairs and Social Protection 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 Business, Enterprise and Innovation.
3. (1) The functions vested in the Minister for Employment Affairs and Social Protection -
(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
...
are transferred to the Minister for Business, Enterprise and Innovation.
...
(2) References to the Minister for Employment Affairs and Social Protection 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 Business, Enterprise and Innovation.
SCHEDULE 1
PART 1
ACTS OF THE OIREACHTAS
Minimum Notice and Terms of Employment Acts 1973 to 2005
...
C2
Date of expected day of return deemed to be date of termination of contract under certain circumstances for purposes of Act (1.08.2016) by Paternity Leave and Benefit Act 2016 (11/2016), s. 26(3), S.I. No. 435 of 2016.
Provisions applying where employee not permitted to return to work
26. (1) This section applies to an employee who, having duly complied with section 24 , is entitled under this Part to return to work but is not permitted to do so by the relevant employer, within the meaning of section 27 (3), and, in this section, in relation to such an employee, “the expected date of return” means the date notified under section 24 as the date on which the employee expected to return to work.
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(3) For the purposes of the Minimum Notice and Terms of Employment Act 1973 , the contract of employment of an employee to whom this section applies who is also an employee to whom that Act applies shall be deemed to have been terminated on the expected date of return.
...
C3
Functions transferred and specified bodies dissolved (1.01.2005) by Health Act 2004 (42/2004), ss. 58, 59 and sch. 3 item 54, S.I. No. 885 of 2004.
Dissolution of health boards and other specified bodies.
58.—The specified bodies are, by this Act, dissolved on the establishment day.
Transfer of functions of specified bodies to Executive.
59.—(1) The functions that, immediately before the establishment day, were the functions of a specified body under or in connection with the enactments referred to in Schedule 3 are, by this Act, transferred to the Executive on that day.
(2) If a provision of an enactment referred to in Schedule 3, or a provision of an instrument made under such enactment, does not come into effect until on or after the establishment day, a function that on the passing of that enactment or the making of that instrument was assigned under or in connection with that provision to a specified body is, by this Act, transferred to the Executive on the commencement of that provision.
(3) The functions transferred by this Act to the Executive include the functions specified in any enactment referred to in Schedule 3 as a function of the following:
(a) the chief executive officer of a health board;
(b) the Regional Chief Executive of the Eastern Regional Health Authority;
(c) the area chief executive of an Area Health Board.
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SCHEDULE THREE
Transfer of Functions and References to Functional Areas
Section 59 and 67.
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54. Minimum Notice and Terms of Employment Acts 1973 to 2001
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C4
Application of Act interpreted (30.01.1995) by Maternity Protection Act 1994 (34/1994), s. 40(3), S.I. No. 16 of 1995.
Provisions applying where employee not permitted to return to work.
40.— ...
(3) For the purposes of the Minimum Notice and Terms of Employment Act, 1973, the contract of employment of an employee to whom this section applies who is also an employee to whom that Act applies shall be deemed to have been terminated on the expected date of return.
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Editorial Notes:
E1
Collectively cited Minimum Notice and Terms of Employment Acts 1973 to 2005 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 12, 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).
E2
Previous affecting provision: functions under collectively cited Minimum Notice and Terms of Employment Acts 1973 to 2005 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; superseded as per C-note above.
E3
Previous affecting provision: name of the Department of and Minister for Enterprise, Trade and Innovation changed to Department of and Minister for 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); superseded as per E-note above.
E4
Previous affecting provision: name of the Department of and Minister for Enterprise, Trade and Employment changed to Department of and Minister for 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); superseded as per E-note above.
E5
Previous affecting provision: name of the Department of and Minister for Enterprise and Employment changed to Department of and Minister for 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. 305 of 1997); superseded as per E-note above.
E6
Previous affecting provision: application of Act to dismissal of certain apprentices confirmed (1.08.1995) by Labour Services Act 1987 Apprenticeship Rules 1995 (S.I. No. 198 of 1995), rule 7(1); revoked (1.05.1997) by Labour Services Act 1987 Apprenticeship Rules 1997 (S.I. No. 168 of 1997), rule 1(3).
E7
Previous affecting provision: application of Act to dismissal of certain apprentices confirmed (1.09.1994) by Labour Services Act 1987 Apprenticeship Rules 1994 (S.I. No. 228 of 1994), rule 7(1); revoked (1.08.1995) by Labour Services Act 1987 Apprenticeship Rules 1995 (S.I. No. 198 of 1995), rule 1(3).
E8
Previous affecting provision: application of Act to dismissal of certain apprentices confirmed (1.09.1993) by Labour Services Act 1987 Apprenticeship Rules 1993 (S.I. No. 236 of 1993), rule 7(1); revoked (1.09.1994) by Labour Services Act 1987 Apprenticeship Rules 1994 (S.I. No. 228 of 1994), rule 1(3) .
E9
Previous affecting provision: name of the Department of and Minister for Industry and Commerce changed to Department of and Minister for Enterprise and Employment (20.01.1993) by Industry and Commerce (Alteration of Name of Department and Title of Minister) Order 1993 (S.I. No. 19 of 1993); superseded as per E-note above.
E10
Previous affecting provision: functions transferred to Department of and Minister for Industry and Commerce and Department of and Minister for Labour construed (20.01.1993) by Labour (Transfer of Departmental Administration and Ministerial Functions) Order 1993 (S.I. No. 18 of 1993), arts. 3, 4, and sch. part 1, subject to transitional provisions in arts. 5-9; superseded as per E-note above.