Protection of Employment Act 1977

Obligation on employer to notify Minister of proposed redundancies.

12

12.(1) Where an employer proposes to create collective redundancies, he shall notify the Minister in writing of his proposals at the earliest opportunity and in any event at least 30 days before the first dismissal takes effect.

F30[(2) The Minister may prescribe the particulars to be specified in a notification under this section and, without prejudice to the generality of the foregoing, regulations under this section shall make provision for the following:

(a) particulars of the employer;

(b) particulars of the proposed collective redundancies;

(c) particulars of the consultations with the employees’ representatives;

(d) such other particulars in relation to the employer’s proposal as the Minister considers appropriate.]

(3) A copy of a notification under this section shall be supplied as soon as possible by the employer affected to the employees’ representatives affected who may forward to the Minister in writing any observations they have relating to the notification.

F30[(4) In the case of collective redundancies arising from the employer’s business being terminated following the commencement of bankruptcy or winding up proceedings or for any other reason as a result of a decision of a court of competent jurisdiction, the responsible person shall comply with the obligations of an employer under this section.]

F31[(5) Where the proposal to create collective redundancies concerns members of the crew of a seagoing vessel, the employer shall

(a) where the vessel flies the Irish flag, notify the Minister in accordance with subsection (1), or

(b) where the vessel flies the flag of another State, notify the competent authority of that other State.]

Annotations

Amendments:

F30

Substituted (1.07.2024) by Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024 (14/2024), s. 9(a), (b), S.I. No. 303 of 2024.

F31

Inserted (18.01.2018) by European Communities (Seafarers) Regulations 2018 (S.I. No. 15 of 2018), reg. 4(2).

Editorial Notes:

E14

Power pursuant to subs. (2) exercised (1.07.2024) by Protection of Employment Act 1977 (Notification of Proposed Collective Redundancies) Regulations 2024 (S.I. No. 324 of 2024), in effect as per reg. 1(2).

E15

Dismissal prior to expiry of periods specified in ss. 9(3) and 12(1) made an offence (8.05.2007) by Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (27/2007), s. 10(3), commenced on enactment.

E16

Previous affecting provision: subs. (4) inserted (9.12.1996) by Protection of Employment Order 1996 (S.I. No. 370 of 1996), art. 11; substituted (1.07.2024) as per F-note above.

E17

Previous affecting provision: power pursuant to section exercised (10.05.1977) by Protection of Employment Act, 1977 (Notification of Proposed Collective Redundancies) Regulations 1977 (S.I. No. 140 of 1977); revoked (1.07.2024) by Protection of Employment Act 1977 (Notification of Proposed Collective Redundancies) Regulations 2024 (S.I. No. 324 of 2024), reg. 4, in effect as per reg. 1(2).