Protection of Employees (Part-Time Work) Act 2001
Number 45 of 2001
PROTECTION OF EMPLOYEES (PART-TIME WORK) ACT 2001
REVISED
Updated to 14 October 2020
This Revised Act is an administrative consolidation of the Protection of Employees (Part-Time Work) Act 2001. 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 45 of 2001
PROTECTION OF EMPLOYEES (PART-TIME WORK) ACT 2001
REVISED
Updated to 14 October 2020
ARRANGEMENT OF SECTIONS
Preliminary and General
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Section |
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1. |
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2. |
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3. |
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4. |
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5. |
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6. |
Part-Time Work and the Rights of Part-Time Employees
Miscellaneous
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20. |
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21. |
Amendment of section 14(2) of Protection of Employment Act, 1977. |
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Acts Referred to |
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Carer’s Leave Act, 2001 |
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Civil Service Regulation Act, 1956 |
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Courts Act, 1981 |
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Employment Agency Act, 1971 |
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Local Government Act, 1941 |
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Minimum Notice and Terms of Employment Acts, 1973 and 1984 |
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Organisation of Working Time Act, 1997 |
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Protection of Employees (Employers’ Insolvency) Acts, 1984 and 1990 |
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Protection of Employment Act, 1977 |
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Redundancy Payments Act, 1967 |
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Redundancy Payments Acts, 1967 to 1990 |
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Terms of Employment (Information) Act, 1994 |
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Trade Union Act, 1941 |
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Unfair Dismissals Acts, 1977 to 1993 |
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Worker Participation (State Enterprises) Acts, 1977 to 1993 |
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Worker Protection (Regular Part-Time Employees) Act, 1991 |
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Number 45 of 2001
PROTECTION OF EMPLOYEES (PART-TIME WORK) ACT 2001
REVISED
Updated to 14 October 2020
AN ACT TO PROVIDE FOR THE IMPLEMENTATION OF DIRECTIVE 97/81/EC OF 15 DECEMBER, 1997, OF THE COUNCIL OF THE EUROPEAN COMMUNITIES CONCERNING THE FRAMEWORK AGREEMENT ON PART-TIME WORK CONCLUDED BY UNICE, CEEP AND THE ETUC1, TO CLARIFY THE EFFECT CERTAIN ENACTMENTS RELATING TO EMPLOYEES HAVE IN CASES WHERE THE EMPLOYEE CONCERNED IS A POSTED WORKER (WITHIN THE MEANING OF DIRECTIVE 96/71/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 16 DECEMBER, 1996, CONCERNING THE POSTING OF WORKERS IN THE FRAMEWORK OF THE PROVISION OF SERVICES2) OR OTHERWISE HAS AN EMPLOYMENT RELATIONSHIP IN THE STATE, TO AMEND SECTION 14(2) OF THE PROTECTION OF EMPLOYMENT ACT, 1977, AND TO PROVIDE FOR RELATED MATTERS. [15th December, 2001]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Functions 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
...
Protection of Employees (Part-Time Work) Act 2001 (No. 45 of 2001)
...
C2
Application of collectively cited Unfair Dismissals Acts 1977 to 2007 restricted:
• (15.07.2015) by European Union (Bank Recovery and Resolution) Regulations 2015 (S.I. No. 289 of 2015), reg. 40(4)(b), in effect as per reg. 1(2).
• (28.10.2011) by Central Bank and Credit Institutions (Resolution) Act 2011 (27/2011) s. 70(3)(b), S.I. No. 548 of 2011.
• (21.12.2010) by Credit Institutions (Stabilisation) Act 2010 (36/2010) s. 23(3)(b), S.I. No. 623 of 2010.
• (21.12.2010) by Credit Institutions (Stabilisation) Act 2010 (36/2010) s. 44(6)(b), S.I. No. 623 of 2010.
• (21.01.2009) by Anglo Irish Bank Corporation Act 2009 (1/2009), s. 19(5)(b), commenced on enactment.
The following is one version of the wording used but there are several:
Power of special manager to remove officers, employees and others
70.—...
(3) Nothing in subsection (1) or (2) deprives a person of any right to claim compensation or damages from that credit institution for the loss of his or her office or appointment. However—
(a) a court, tribunal or rights commissioner may not grant any remedy that would have the effect of preventing or restraining the special manager from exercising the special manager’s powers under this section, and
(b) a court, tribunal or rights commissioner may not make an order under the Unfair Dismissals Acts 1977 to 2007 for the reinstatement or re-engagement of such a person.
C3
Application of collectively cited Unfair Dismissals Acts 1977 to 2007 potentially restricted:
• (1.08.2015) by Industrial Relations (Amendment) Act 2015 (27/2015), s. 20(4), S.I. No. 329 of 2015.
• (1.08.2013) by Central Bank (Supervision and Enforcement) Act 2013 (26/2013), s. 41(5), S.I. No. 287 of 2013.
• (6.07.2012) by Property Services (Regulation) Act 2011 (40/2011), s. 67(5) and sch. 4, S.I. No. 198 of 2012.
• by Charities Act 2009 (6/2009), s. 62(3), not commenced as of date of revision.
• (9.08.2011) by Criminal Justice Act 2011 (22/2011), s. 20(4), S.I. No. 411 of 2011.
• by Prevention of Corruption (Amendment) Act 2001 (27/2001), s. 8A(5), (6) and sch. 1 para. 3(8), as inserted (15.12.2010) by Prevention of Corruption (Amendment) Act 2010 (33/2010), ss. 4 and 6, commenced on enactment.
• (1.06.2010) by Inland Fisheries Act 2010 (10/2010), s. 38(3), commenced on enactment.
• by Labour Services Act 1987 (15/1987), s. 13B(3), as inserted (20.01.2010) by Labour Services (Amendment) Act 2009 (38/2009), s. 7, S.I. No. 12 of 2010.
• (21.12.2009) by National Asset Management Agency Act 2009 (34/2009), s. 223(5), S.I. No. 545 of 2009.
• by Health Act 2004 (42/2004), s. 55M(4), as inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.
• (15.07.2008) by Chemicals Act 2008 (13/2008), s. 26(3), S.I. No. 273 of 2008.
• (27.05.2008) by European Communities (Cross-Border Mergers) Regulations 2008 (S.I. No. 157 of 2008), reg. 39(9).
• by European Communities (European Aviation Safety Agency) Regulations 2003 (S.I. No. 469 of 2003), reg. 10(4), as inserted (8.04.2008) by European Communities (European Aviation Safety Agency) (Amendment) Regulations 2008 (S.I. No. 95 of 2008), regs. 3(d).
• (13.06.2007) by European Communities (Occurrence Reporting in Civil Aviation) Regulations 2007 (S.I. No. 285 of 2007), reg. 9(7).
• (29.05.2007) by European Communities (European Cooperative Society) (Employee Involvement) Regulations 2007 (S.I. No. 259 of 2007), reg. 20(8).
• (1.05.2007) by Consumer Protection Act 2007 (19/2007), s. 87(3), (4) and sch. 6, para. 4(2), S.I. No. 178 of 2007.
• (1.01.2007) by Employment Permits Act 2006 (16/2006), s. 26(5), S.I. No. 682 of 2006.
• (14.12.2006) by European Communities (European Public Limited-Liability Company) (Employee Involvement) Regulations 2006 (S.I. No. 623 of 2006), reg. 19(8).
• (24.07.2006) by Employees (Provision of Information and Consultation) Act 2006 (9/2006), s. 13(7), S.I. No. 382 of 2006.
• by Parental Leave Act 1998 (30/1998), s. 16A(3) as inserted (18.05.2006) by Parental Leave (Amendment) Act 2006 (13/2006), s. 11, commenced on enactment.
• (1.09.2005) by Safety, Health and Welfare at Work Act 2005 (10/2005), s. 27(5), S.I. No. 328 of 2005.
• (14.07.2003) by Protection of Employees (Fixed-Term Work) Act 2003 (29/2003), s. 18(1), commenced on enactment.
• (11.04.2003) by European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003), reg. 5(4).
• (1.07.2002) by Competition Act 2002 (14/2002), s. 50(3), (4) and sch. 3, para. 3, S.I. No. 199 of 2002.
• (2.07.2001) by Carers’ Leave Act 2001 (19/2001), s. 16(3), commenced on enactment.
• (23.01.1999) by Protections for Persons Reporting Child Abuse Act 1998 (49/1998), s. 4(3), commenced as per s. 7(2).
• (30.09.1997) by Organisation of Working Time Act 1997 (20/1997), s. 26(2), S.I. No. 392 of 1997
The following is one version of the wording used, but there are many variations.
Prohibition on penalisation.
38.— ...
(3) If the penalisation of an employee, in contravention of subsection (1), constitutes a dismissal of the employee (within the meaning of the Unfair Dismissals Acts 1977 to 2007), relief may not be granted to the employee in respect of that penalisation both under Schedule 4 of this Act and under the Unfair Dismissals Acts 1977 to 2007.
C4
Application of collectively cited Worker Participation (State Enterprises) Acts 1977 to 2001 restricted (27.09.2006) by Aer Lingus Act 2004 (10/2004), s. 6(2), S.I. No. 476 of 2006.
Number of directors of company and of worker directors under Worker Participation (State Enterprises) Acts 1977 to 2001
6.— ...
(2) Notwithstanding anything contained in the Worker Participation (State Enterprises) Acts 1977 to 2001, or any order or warrant made under those Acts, with effect from the commencement of this subsection those Acts shall cease to apply to the Company, and any person appointed a director of the Company under section 15 of the Worker Participation (State Enterprises) Act 1977 and holding such office immediately prior to such commencement shall thereupon cease to hold such office.
C5
Application of collectively cited Unfair Dismissals Acts 1977 to 1993 potentially restricted by Employment Equality Act 1998 (21/1998), s. 101(2)(b), (4), (5) and sch. (as amended) and s. 101A as inserted (18.07.2004) by Equality Act 2004 (24/2004), ss. 43, 46 and 66(3)(f)(vii), commenced on enactment. The application of the above sections was previously extended with modification by Pensions Act 1990 (25/1990), s. 81J and sch. 4 as inserted (5.04.2004) by Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), s. 22, S.I. No. 141 of 2004, listing alternative provisions for the purposes of Part VII of Pensions Act 1990 and amending Pensions Act 1990, sch. 4.
Alternative avenues of redress
101.— ...
[(2) Where an individual has referred a case to the Director under section 77(1) and either a settlement has been reached by mediation or the Director has begun an investigation under section 79, the individual— ...
(b) if he or she was dismissed before so referring the case, shall not be entitled to seek redress (or to exercise, or continue to exercise, any other power) under the Unfair Dismissals Acts 1977 to 1993 in respect of the dismissal [, unless the Director, having completed the investigation and in an appropriate case, directs otherwise and so notifies the complainant and respondent.]]
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(4) [An employee who has been dismissed shall not be entitled to seek redress under this Part in respect of the dismissal if—]
(a) the employee has instituted proceedings for damages at common law for wrongful dismissal and the hearing of the case has begun,
(b) in the exercise of powers under the Unfair Dismissals Acts, 1977 to 1993, a rights commissioner has issued a recommendation in respect of the dismissal, or
(c) the Employment Appeals Tribunal has begun a hearing into the matter of the dismissal.
[(5) Where the Director issues a direction under subsection (2)(b), the resulting entitlement of the employee under that subsection is deemed to have effect from the date of the direction.]
Parallel claims.
101A.—Where the conduct of an employer constitutes both a contravention of Part III or IV and a contravention of either the Protection of Employees (Part-Time Work) Act 2001 or the Protection of Employees (Fixed-Term Work) Act 2003, relief may not be granted to the employee concerned in respect of the conduct under both this Act and either of the said Acts.
Table heading: Substituted words for the purposes of Part VII
(2) Where the conduct of an employer constitutes both a contravention of Part VII of the Pensions Act 1990 and a contravention of either the Protection of Employees (Part-Time Work) Act 2001 or the Protection of Employees (Fixed-Term Work) Act 2003, relief may not be granted to the employee concerned in respect of the conduct under both this Act as it applies to Part VII of the Pensions Act 1990 and either of the said Acts.
C6
Application of collectively cited Worker Participation (State Enterprises) Acts 1977 to 2001 restricted (24.08.2004) by Aer Lingus Act 2004 (10/2004), s. 6(4), S.I. No. 455 of 2006.
Number of directors of Company and of worker directors under Worker Participation (State Enterprises) Acts 1977 to 2001.
6.— ...
(4) Notwithstanding anything contained in the Worker Participation (State Enterprises) Acts 1977 to 2001, or any order or warrant made under those Acts, the Minister may by order reduce the number of directors of the Company appointed pursuant to those Acts.
...
C7
Power to make regulations in relation to Act provided by Pensions Act 1990 (25/1990), s. 5(5), as inserted (1.06.2002) by Pensions (Amendment) Act 2002 (18/2002), s. 10, S.I. No. 276 of 2002.
Regulations generally
5.— ...
(5) The Minister may, after consultation with the Minister for Enterprise, Trade and Employment and with the consent of the Minister for Finance, make regulations prescribing any matter or thing in relation to a scheme or PRSA for the purpose of enabling any provision of the Protection of Employees (Part-Time Work) Act, 2001 to have full effect.
C8
Application of collectively cited Worker Participation (State Enterprise) Acts excluded
• (3.07.2001) by Nitrigin Eireann Teoranta Act 2001 (21/2001) s. 5(1), commenced on enactment.
• (8.12.1993) by Irish Aviation Authority Act 1993 (29/1993), s. 71, S.I. No. 355 of 1993
• (31.01.1992) by B & I Line Act 1991 (29/1991), s. 7, S.I. No. 25 of 1992 .
The following is one of similar versions of the wording used.
Non-application
5.—(1) Notwithstanding any provision of the Worker Participation (State Enterprises) Acts, 1977 and 1988, those Acts shall cease to apply to the Company and accordingly the directors of the Company appointed under section 15 of the Worker Participation (State Enterprises) Act, 1977, shall cease to hold office.
(2) This section shall come into operation on such day as the Minister may by order appoint.
C9
Application of collectively cited Worker Participation (State Enterprise) Acts 1977 to 1993 restricted (9.04.1999) by Postal and Telecommunications Services (Amendment) Act 1999 (5/1999) s. 6(1), S.I No. 87 of 1999, subject to transitional provision in subs. (2).
Employee directors
6.—(1) The Worker Participation (State Enterprises) Acts, 1977 to 1993, shall not apply to Bord Telecom Éireann p.l.c.
(2) Notwithstanding subsection (1) and the repeal by this Act of section 10 of the Act of 1996, the term of office of any employee director appointed in accordance with the Worker Participation (State Enterprises) Acts, 1977 to 1993, or of any director or alternate director appointed under the said section 10 and servicing upon the commencement of this section shall continue until such date as may be specified by the Minister.
C10
Power to make order in relation to collectively cited Worker Participation (State Enterprises) Acts 1977 and 2001 provided (12.06.1998) by Worker Participation (State Enterprises) Act 1988 (13/1988), s. 9(2), commenced on enactment.
Power to extend Worker Participation (State Enterprises) Acts, 1977 and 1988 to certain subsidiaries.
9.— ...
(2) Subject to subsection (3) of this section, the Minister may as regards a particular subsidiary to which this section applies, by order provide that any employee of the subsidiary shall, for the purpose of the Worker Participation (State Enterprises) Acts, 1977 and 1988, be regarded as an employee of the designated body (which shall be named in the order).
C11
Application of collectively cited Worker Participation (State Enterprises) Act 1977 to 1993 extended to Bord na Móna (7.07.1998) by Turf Development Act 1998 (26/1998), s. 59, commenced on enactment.
Application of Worker Participation (State Enterprises) Acts, 1977 to 1993.
59.—The Worker Participation (State Enterprises) Acts, 1977 to 1993, shall apply to the Company as if it were a designated body (within the meaning of those Acts).
C12
Application of collectively cited Redundancy Payments Acts 1967 to 1991, Minimum Notice and Terms of Employment Acts 1973 to 1991 and Unfair Dismissals Acts 1977 to 1993 extended
• (3.12.1998) by Parental Leave Act 1998 (30/1998), s. 25(3), commenced as per s. 1(2).
• (30.1.1995) by Maternity Protection Act 1994 (34/1994), s. 40(2) and (3), S.I. No. 16 of 1995.
The following is one of similar versions of the wording used.
Amendment of enactments.
25.— ...
(3) An employee who is entitled to return to work in the employment concerned in accordance with section 15 but is not permitted by his or her employer to do so—
(a) shall be deemed to have been dismissed on the date on which he or she was entitled to return to work as aforesaid and the dismissal shall be deemed, for the purposes of the Unfair Dismissal Acts, 1977 to 1993, to have been an unfair dismissal unless, having regard to all the circumstances, there were substantial grounds justifying the dismissal,
(b) shall be deemed for the purposes of the Redundancy Payments Acts, 1967 to 1991, to have been dismissed by reason of redundancy on the date aforesaid, and
(c) shall be deemed for the purposes of the Minimum Notice and Terms of Employment Acts, 1973 to 1991, to have had his or her contract of employment with his or her employer terminated on the date aforesaid.
C13
Power to amend decision under Act and other Acts with which it is collectively cited provided (30.09.1997) by Organisation of Working Time Act 1997 (20/1997), s. 39(2) (as amended), S.I. No. 392 of 1997.
Powers of rights commissioner, Employment Appeals Tribunal or Labour Court in certain cases.
39.—(1) In this section “relevant authority” means a rights commissioner, the Employment Appeals Tribunal or the Labour Court.
(2) A decision (by whatever name called) of a relevant authority under this Act or an enactment [or statutory instrument] referred to in the Table to this subsection that does not state correctly the name of the employer concerned or any other material particular may, on application being made in that behalf to the authority by any party concerned, be amended by the authority so as to state correctly the name of the employer concerned or the other material particular.
TABLE
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Minimum Notice and Terms of Employment Acts, 1973 to 1991 |
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Protection of Employees (Employers’ Insolvency) Acts, 1984 to 1991 |
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Redundancy Payments Acts, 1967 to 1991 |
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Unfair Dismissals Acts, 1977 to 1993 |
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[Protection of Employees (Part-Time Work) Act 2001] |
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... |
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Editorial Notes:
E1
Act and collectively cited Minimum Notice and Terms of Employment Acts 1973 to 2005, Protection of Employees (Employers’ Insolvency) Acts 1984 to 2012, Redundancy Payments Acts 1967 to 2014, Terms of Employment (Information) Acts 1994 to 2014, Unfair Dismissals Acts 1977 to 2007 and Protection of Employment Acts 1977 to 2014 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 2 items 12, 16, 18, 20, 14, 19, 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
Funding for expenses in giving effect to collectively cited Protection of Employees (Employers’ Insolvency) Acts 1984 to 2004 and Redundancy Payments Acts 1967 to 2003 provided (1.12.2005) by Social Welfare Consolidation Act 2005 (26/2005), ss. 5(6) and 6(1), S.I. No. 923 of 2005.
E3
Previous affecting provision: functions 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.
E4
Previous affecting provision: application of collectively cited Worker Participation (State Enterprises) Acts potentially excluded with savings (16.12.1996 and 19.12.1996) by Telecommunications (Miscellaneous Provisions) Act 1996 (34/1996), s. 10, S.I. No. 385 of 1996; repealed (9.04.1999) by Postal and Telecommunications Services (Amendment) Act 1999 (5/1999), s. 3 and sch.