Minimum Notice and Terms of Employment Act, 1973

Minimum Notice and Terms of Employment Act, 1973 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1973 Minimum Notice and Terms of Employment Act, 1973 Minimum Notice and Terms of Employment Act, 1973 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Print Full ActPriontáil an tAcht Iomlán Number 4 of 1973 MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACT, 1973 ARRANGEMENT OF SECTIONS Section

Section 1

Interpretation.

Section 2

Commencement.

Section 3

Non-application of Act.

Section 4

Minimum period of notice.

Section 5

Rights of employee during period of notice.

Section 6

Right of employer to notice.

Section 7

Right to waive notice.

Section 8

Right to terminate contract of employment without notice.

Section 9

Written statement of terms of employment.

Section 10

Failure of employer to furnish statement.

Section 11

Reference of disputes to Tribunal.

Section 12

Rights of employee on default of employer.

Section 13

Provisions relating to winding up and bankruptcy.

Section 14

Regulations.

Section 15

Laying of Regulations and certain draft orders before Houses of Oireachtas.

Section 16

Expenses of Minister.

Section 17

Short title.

FIRST SCHEDULE Computation of Continuous Service SECOND SCHEDULE Rights of Employee During Period of Notice Acts Referred to Redundancy Payments Act, 1967 1967, No. 21 Civil Service Commissioners Act, 1956 1956, No. 45 Merchant Shipping Act, 1894 1894, c. 60 Companies Act, 1963 1963, No. 33 Preferential Payments in Bankruptcy (Ireland) Act, 1889 1889, c. 60 Number 4 of 1973 MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACT, 1973 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:

Interpretation.

1.—In this Act— “the Act of 1967” means the Redundancy Payments Act, 1967 ; “employee” means an individual who has entered into or works under a contract with an employer, whether the contract be for manual labour, clerical work or otherwise, whether it be expressed or implied, oral or in writing, and whether it be a contract of service or of apprenticeship or otherwise, and cognate expressions shall be construed accordingly; “lay-off” has the meaning assigned to it by the Act of 1967; “lock-out” has the meaning assigned to it by Part II of the Act of 1967; “Minister” means the Minister for Labour; “prescribed” means prescribed by regulations made by the Minister under this Act; “short-time” has the meaning assigned to it by the Act of 1967; “strike” has the meaning assigned to it by Part II of the Act of 1967; “the Tribunal” means the Tribunal established under the Act of 1967; “week” means any period of seven consecutive days; “year” means any period of fifty-two weeks.

Commencement.

2.—This Act shall come into operation on such day as the Minister appoints by order.

Non-application of Act.

3.—(1) This Act shall not apply to— (a) employment of an employee who is normally expected to work for the same employer for less than twenty-one hours in a week, (b) employment by an employer of an employee who is the father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, halfbrother or halfsister of the employer and who is a member of the employer's household and whose place of employment is a private dwellinghouse or a farm in or on which both the employee and the employer reside, (c) employment in the Civil Service (other than in an unestablished position) within the meaning of the Civil Service Commissioners Act, 1956 , (d) employment as a member of the Permanent Defence Forces (other than a temporary member of the Army Nursing Service), (e) employment as a member of the Garda Síochána, and (f) employment under an employment agreement pursuant to Part II or Part IV of the Merchant Shipping Act, 1894 .

Minimum period of notice.

4.—(1) An employer shall, in order to terminate the contract of employment of an employee who has been in his continuous service for a period of thirteen weeks or more, give to that employee a minimum period of notice calculated in accordance with the provisions of subsection (2) of this section.

Rights of employee during period of notice.

5.—(1) The provisions of the Second Schedule to this Act shall have effect in relation to the liability of an employer during the period of notice required by this Act to be given— (a) by an employer to terminate the contract of employment of an employee who has been in his continuous service for thirteen weeks or more, and (b) by an employee who has been in such continuous service to terminate his contract of employment with that employer.

Right of employer to notice.

6.—An employer shall, subject to the right of an employee to give counter-notice under section 10 of the Act of 1967 or to give notice of intention to claim redundancy payment in respect of lay-off or short-time under section 12 of that Act, be entitled to not less than one week's notice from an employee who has been in his continuous employment for thirteen weeks or more of that employee's intention to terminate his contract of employment.

Right to waive notice.

7.—(1) Nothing in this Act shall operate to prevent an employee or an employer from waiving his right to notice on any occasion or from accepting payment in lieu of notice.

Right to terminate contract of employment without notice.

8.—Nothing in this Act shall affect the right of any employer or employee to terminate a contract of employment without notice because of misconduct by the other party.

Written statement of terms of employment.

9.—(1) An employee may, for the purposes of ascertaining or confirming any term of his employment (including the date of commencement of that employment), require his employer to furnish him with a written statement containing all or any of the following particulars in relation to the following matters, that is to say— (a) the date of commencement of his employment, (b) the rate or method of calculation of his remuneration, (c) the length of the intervals between the times at which remuneration is paid, whether weekly, monthly or any other period, (d) any terms or conditions relating to hours of work or over-time, (e) any terms or conditions relating to— (i) holidays and holiday pay, (ii) incapacity for work due to sickness or injury and sick pay, and (iii) pensions and pension schemes, (f) the period of notice which the employee is obliged to give and entitled to receive to determine his contract of employment, or (if the contract of employment is for a fixed term) the date on which the contract expires.

Failure of employer to furnish statement.

10.—(1) An employer who fails to comply with the provisions of section 9 of this Act shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding twenty-five pounds.

Reference of disputes to Tribunal.

11.—(1) Any dispute arising on any matter under this Act (other than a dispute arising on any matter under section 9 of this Act) shall be referred in the prescribed manner to the Tribunal.

Rights of employee on default of employer.

12.—(1) If an employer— (a) fails to give to an employee the notice required by section 4

Provisions relating to winding up and bankruptcy.

13.—(1) There shall be included among the debts which, under section 285 of the Companies Act, 1963 , are, in the distribution of the assets of a company being wound up, to be paid in priority to all other debts, all compensation payable under section 12 of this Act by the Company to an employee, and that Act shall have effect accordingly, and formal proof of the debts to which priority is given under this subsection shall not be required except in cases where it may otherwise be provided by rules made under that Act.

Regulations.

14.—The Minister may make regulations in relation to any matter referred to in this Act as prescribed.

Laying of Regulations and certain draft orders before Houses of Oireachtas.

15.—(1) Whenever an order is proposed to be made under section 3 , 4 , or 9 of this Act, a draft of the proposed order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by both Houses of the Oireachtas.

Expenses of Minister.

16.—Any expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Short title.

17.—This Act may be cited as the Minimum Notice and Terms of Employment Act, 1973.

FIRST SCHEDULE Computation of Continuous Service.

Section 4

Continuity of Service 1. The service of an employee in his employment shall be deemed to be continuous unless that service is terminated by— (a) the dismissal of the employee by his employer, or (b) the employee voluntarily leaving his employment.

Computable Service 8. Any week in which an employee is not normally expected to work for at least twenty-one hours or more will not count in computing a period of service.

SECOND SCHEDULE Rights of Employee During Period of Notice.

Section 5

Employments for which there are normal working hours 2.(a) (i) An employee shall be paid by his employer in respect of any time during his normal working hours when he is ready and willing to work but no work is provided for him by his employer. (ii) In this subparagraph “normal working hours” in the case of an employee who is normally expected to work overtime, include the hours during which such overtime is usually worked. (b) In any case where an employee's pay is not wholly calculated by reference to time, the pay which his employer is bound to pay him under subparagraph (a) shall be calculated by reference to the average rate of pay earned by the employee in respect of any time worked during the thirteen weeks next preceding the giving of notice.

Employments for which there are no normal working hours 3. Subject to paragraph 4 of this Schedule, an employer shall pay to an employee, if there are no normal working hours for that employee under the contract of employment in force in the period of notice, in respect of each week in the period of notice, a sum not less than the average weekly earnings of the employee in the thirteen weeks next preceding the giving of notice.

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