Protection of Employees (Part-Time Work) Act 2001
3.—(1) In this Act, unless the context otherwise requires—
“collective agreement” means an agreement by or on behalf of an employer on the one hand, and by or on behalf of a body or bodies representative of the employees to whom the agreement relates on the other hand;
“conditions of employment” includes conditions in respect of remuneration and matters related thereto (and, in relation to any pension scheme or arrangement, includes conditions for membership of the scheme or arrangement and entitlement to rights thereunder and conditions related to the making of contributions to the scheme or arrangement);
“contract of employment” means—
(a) a contract of service or apprenticeship, and
(b) any other contract whereby an individual agrees with another person, who is carrying on the business of an employment agency within the meaning of the Employment Agency Act, 1971, and is acting in the course of that business, to do or perform personally any work or service for a third person (whether or not the third person is a party to the contract),
whether the contract is express or implied and, if express, whether it is oral or in writing;
“employee” means a person of any age who has entered into or works under (or, where the employment has ceased, entered into or worked under) a contract of employment and references, in relation to an employer, to an employee shall be construed as references to an employee employed by that employer; and for the purposes of this Act, a person holding office under, or in the service of, the State (including a civil servant within the meaning of the Civil Service Regulation Act, 1956) shall be deemed to be an employee employed by the State or Government, as the case may be, and an officer or servant of a local authority for the purposes of the F1[Local Government Act 2001 (as amended by the Local Government Reform Act 2014),], or of a harbour authority, F2[or health board, or a member of staff of an education and training board] shall be deemed to be an employee employed by the authority F2[or board], as the case may be;
“employer” means, in relation to an employee, the person with whom the employee has entered into or for whom the employee works under (or, where the employment has ceased, entered into or worked under) a contract of employment, subject to the qualification that the person who under a contract of employment referred to in paragraph (b) of the definition of “contract of employment” is liable to pay the wages of the individual concerned in respect of the work or service concerned shall be deemed to be the individual’s employer;
“Framework Agreement” means the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC annexed to Directive 97/81/EC of 15 December, 1997 of the Council of the European Communities;
“Minister” means the Minister for Enterprise, Trade and Employment;
“prescribed” means prescribed by regulations made by the Minister under this Act;
“relevant enactment” means—
(b) the Minimum Notice and Terms of Employment Acts, 1973 and 1984,
(c) the Protection of Employees (Employers’ Insolvency) Acts, 1984 and 1990,
(d) the Redundancy Payments Acts, 1967 to 1990,
(f) the Unfair Dismissals Acts, 1977 to 1993, or
(g) the Worker Participation (State Enterprises) Acts, 1977 to 1993;
“remuneration”, in relation to an employee, includes—
(a) any consideration, whether in cash or in kind, which the employee receives, directly or indirectly, from the employer in respect of the employment, and
(b) any amounts the employee will be entitled to receive on foot of any pension scheme or arrangement.
(2) In this Act—
(a) a reference to a Part or section is a reference to a Part or section of this Act unless it is indicated that reference to some other enactment is intended,
(b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and
(c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment (including this Act).
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(8) and sch. 2 part 6, S.I. No. 214 of 2014.
Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72 and sch. 6 item 39, S.I. No. 211 of 2013.
Modifications (not altering text):
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.
ACTS OF THE OIREACHTAS
Protection of Employees (Part-Time Work) Act 2001 (No. 45 of 2001)