S.I. No. 197/2003 - Protection of Employees (Employers' Insolvency) (Forms and Procedure) (Amendment) Regulations 2003

(1)These Regulations may be cited as the Protection of Employees (Employers' Insolvency) (Forms and Procedure) (Amendment) Regulations 2003.

(2)These Regulations shall come into operation on 25 May 2003. 2.

(1)In these Regulations — “Act” means the Protection of Employees (Employers' Insolvency) Act 1984 (No. 21 of 1984); “Principal Regulations” means the Protection of Employees (Employers' Insolvency) (Forms and Procedure) Regulations 1984 ( S.I. No. 356 of 1984 ).

(2)In these Regulations, unless otherwise indicated — (

1. a)a reference to any enactment shall be construed as a reference to that enactment as amended by any other enactment, and (
2. b)a reference to a Regulation or Schedule is to a Regulation of, or Schedule to, these Regulations. 3. The Principal Regulations are amended by — (
3. a)substituting the following for Regulation 3: “3. The following forms are prescribed as the forms to be used as regards applications under section 6 of the Act: (
4. a)in the case of an application for payment in respect of unpaid normal weekly remuneration, entitlements under a sick pay scheme, holiday pay or payment in respect of the period of minimum notice specified under section 4 of the Minimum Notice and Terms of Employment Act 1973 (No. 4 of 1973), the form (EIP1) set out in Part 1 of the Schedule to these Regulations, and (
5. b)in the case of an application for payment in respect of any other case to which section 6 of the Act applies, the form (EIP4) set out in Part 2 of the Schedule to these Regulations.”, and (
6. b)substituting the matter in the Schedule for the matter in the Schedule to the Principal Regulations. SCHEDULE PART 1 Form EIP1 Department of Enterprise, Trade and Employment EMPLOYEE'S APPLICATION FOR PAYMENT(S) OF WAGES, HOLIDAY PAY, MINIMUM NOTICE AND SICK PAY UNDER THE INSOLVENCY PAYMENTS SCHEME An Roinn Fiontar, Trádála agus Fostaíochta Department of Enterprise, Trade and Employment Protection of Employees (Employers' Insolvency) Acts, 1984-2003 NOTE: PLEASE READ NOTES BELOW BEFORE COMPLETING THIS FORM 1. An employer is regarded as insolvent for the purposes of the Acts if in Liquidation, Receivership, adjudicated bankrupt, etc. 2. When completed, this Form should be returned to the Relevant Officer. 3. The Relevant Officer is the person appointed in connection with an employer's Insolvency (e.g., Receiver, Liquidator, etc.). 4. The maximum period for which arrears are normally payable is 8 weeks. However, for the purposes of calculating arrears, a statutory ceiling on gross weekly wages is applied. The current ceiling is €507.90 per week. 5. Gross amounts are paid under the Scheme and are subject to Income Tax and PRSI. Deductions for Income Tax, Pay-Related Social Insurance and Occupational Pension Scheme contributions, etc., will be made by the Relevant Officer from payments due to the employees where appropriate. 6. In relation to a claim for overtime, bonus or commission, please give both the actual amount due and average amount, calculated in accordance with Schedule 3 of the Redundancy Payments Act 1967 . If rates given in Part 4 and Part 5 differ, please explain. 7. Deductions for union dues, VHI/BUPA, etc. which were made from gross wages and not paid over to the appropriate authority should be inserted in Part 4. 8. In the case of sick pay, payment will not exceed the difference between any social welfare benefit payable and gross weekly pay. 9. PLEASE NOTE THAT FAILURE TO COMPLETE THE FORM FULLY MAY RESULT IN DELAY IN MAKING THE PAYMENT Department of Enterprise, Trade and Employment Tel:

(01)6312121 Davitt House Fax:

(01)6313217 65a Adelaide Road Web: www.entemp.ie Dublin 2 Lo-call 1890 220222 Part 1 Your Details (Please complete in Block Capitals) Figures Letters Employee's PPS No. Employee's Surname Employee's First name Employee's Address Date of Birth Day Month Year Class of Insurance Please attach copy of P45 if available Part 2 Employer Details Name of Employer Employer's Address Type of Business(e.g., clothing manufacturer) Name of Receiver/Liquidator/Employer Representative Telephone No. (Including area code) Part 3 Employment Details Occupation Date of Commencement of employment Day Month Year Date of Termination of employment Day Month Year Gross Pay € Week € Month or No. of days and hours normally worked per week Days Hours Director Secretary Shareholder If you were a Director, Secretary or Shareholder of the Company, please indicate as appropriate Part 4 Arrears of Wages Pay If you are owed wages, overtime, bonus or commission payments, give details in the spaces provided. If wages claim includes “bounced” cheques, please attach cheques. In relation to overtime and commission, please see Note

1. Type From To No. of weeks/days Gross weekly wage Amount Due (wages, bonus, etc.) Day Mth Year Day Mth Year (Actual) € € € € € € € € Average (if required) (See Note 6) € Total Arrears of Wages Claimed € Deductions from Wages, e.g., Union Dues, VHI/BUPA, etc. Type From To No. of weeks Weekly Deduction Amount Due Day Mth Year Day Mth Year € € € € € € € € Total Arrears of Deductions Claimed € Part 5 Arrears of Holiday Pay From To Total no of weeks due (incl. public holidays due) Day Mth Year Day Mth Year Annual Leave Entitlement No. of days Annual Leave Taken No. of days Public Holidays Due No. of days Gross Weekly Pay € Arrears of Holiday Pay Claimed € Part 6 Minimum Notice No. of Weeks' Notice Due/Awarded Gross Weekly Pay € Total Amount of Minimum Notice Claimed € If claim is in respect of an Employment Appeals Tribunal Award, please attach copy of the Tribunal Award and complete the following: Day Month Year Date of Employment Appeals Tribunal Award Reference Number of Award Part 7 Arrears due under a Company Sick Pay Scheme From To Total no. of weeks due (incl. any public hols. due) Day Mth Year Day Mth Year Weekly amount of Social Welfare Benefit € Total amount of Social Welfare Benefit payable during the period € Weekly payment by Employer under Sick Pay Scheme (Exclusive of Social Welfare payments) € Gross Weekly Pay € Total Arrears of Sick Pay Claimed € I apply for payment due to me under the Protection of Employees (Employers' Insolvency) Acts 1984-2003 and declare that I have made no other applications in respect of the amounts shown above. I am aware that my rights and remedies against my employer in respect of these amounts will be transferred to the Minister for Enterprise, Trade and Employment when payment has been made. I also declare in respect of the amounts claimed above that I have made no appeal in respect of these amounts and I am not aware, to the best of my knowledge, that these amounts are the subject of appeal by someone else. Signature:___________________________________________ Date:________________________________ WARNING: LEGAL PROCEEDINGS MAY BE TAKEN AGAINST ANYONE MAKING A FALSE STATEMENT ON THIS FORM PART 2 Form EIP4 Department of Enterprise, Trade and Employment EMPLOYEE'S APPLICATION FOR PAYMENT(S) UNDER THE INSOLVENCY PAYMENTS SCHEME OF ENTITLEMENTS UNDER THE EMPLOYMENT EQUALITY ACT, 1998, UNFAIR DISMISSALS ACT, 1977 COURT AWARDS IN RESPECT OF UNFAIR OR WRONGFUL DISMISSAL, MATERNITY PROTECTION ACT, 1994, ADOPTIVE LEAVE ACT, 1995 PARENTAL LEAVE ACT, 1998, NATIONAL MINIMUM WAGE ACT, 2000 AND STATUTORY MINIMUM WAGES UNDER AN EMPLOYMENT REGULATION ORDER An Roinn Fiontar, Trádála agus Fostaíochta Department of Enterprise, Trade and Employment Protection of Employees (Employers' Insolvency) Acts, 1984-2003 NOTE: PLEASE READ NOTES BELOW BEFORE COMPLETING THIS FORM
2. An employer is regarded as insolvent for the purposes of the Acts if in Liquidation, Receivership, adjudicated bankrupt, etc.
3. When completed, this Form should be returned to the Relevant Officer. The Relevant Officer is the person appointed in connection with an employer's insolvency (e.g., Receiver, Liquidator, etc).
4. A separate Form EIP1 should be completed where payment is being claimed in respect of Arrears of Wages, Sick Pay, Holiday Pay or Minimum Notice.
5. Claims in respect of statutory minimum wages can only be made in respect of employments covered by an Employment Regulation Order. In case of doubt about the application of an Employment Regulation Order, claimants should contact the Labour Inspectorate Section of this Department.
6. Please attach a copy of the Recommendation, Determination or Order as appropriate, if available.
7. PLEASE NOTE THAT FAILURE TO COMPLETE THE FORM FULLY MAY RESULT IN DELAY IN MAKING THE PAYMENT. Department of Enterprise, Trade and Employment Tel:

(01)6312121 Davitt House Fax:

(01)6313217 65a Adelaide Road Web: www.entemp.ie Dublin 2 Lo-call 1890 220222 Part 1 Your Details (Please complete in Block Capitals) Figures Letters Employee's PPS No. Employee's Surname Employee's First name Employee's Address Date of Birth Day Month Year Class of Insurance Please attach copy of P45 if available Part 2 Employer Details Name of Employer Employer's Address Type of Business(e.g., clothing manufacturer) Name of Receiver/Liquidator/Employer Representative Telephone No. (Including area code) Part 3 Employment Details Occupation Date of Commencement of employment Day Month Year Date of Termination of employment Day Month Year Gross Pay € Week € Month or No. of days and hours normally worked per week Days Hours Director Secretary Shareholder If you were a Director, Secretary or Shareholder of the Company, please indicate as appropriate Part 4 Employment Equality Act, 1998 Date Has an appeal been lodged? Yes/No Day Mth Year Amount Reference No. Equality Officer Decision € Mediated Settlement € Labour Court Determination € Civil Court Award/Order € Note: Please attach copy of decision, mediated settlement, determination or award/order, as appropriate. Date refers to date of decision, settlement, etc. Part 5 Unfair Dismissals Act, 1977, or Court Awards in respect of Unfair or Wrongful Dismissal Date Has an appeal been lodged? Yes/No Day Mth Year Amount Reference No. Rights Commissioner Recommendation € Employment Appeals Tribunal Determination € Civil Court Award/Order € Note: Please attach copy of recommendation, determination, award or order, as appropriate. Date refers to date of recommendation, determination, etc Part 6 Maternity Protection Act, 1994, Adoptive Leave Act, 1995 or Parental Leave Act, 1998 Please tick as appropriate Maternity Protection Act, 1994 Adoptive Leave Act, 1995 Parental Leave Act, 1998 Date Has an appeal been lodged? Yes/No Day Mth Year Amount Reference No. Rights Commissioner Recommendation € Employment Appeals Tribunal Determination € Civil Court Award/Order € Note: Please attach copy of recommendation, determination, or award/order, as appropriate. Date refers to date of recommendation, determination, etc. Part 7 National Minimum Wage Act, 2000 Note: A claim under this part is not payable unless proceedings against the employer under Section 45

(1)of the Industrial Relations Act, 1946 , for the amount involved have been instituted. Date Has an appeal been lodged? Yes/No Day Mth Year Amount Reference No. Rights Commissioner Decision € Labour Court Determination € Civil Court Award/Order € Note: Please attach copy of decision, determination or award/order, as appropriate. Date refers to date of decision, determination, etc. Part 8 Statutory Minimum Wages under an Employment Regulation Order Title of Employment Regulation Order Have proceedings been instituted against the employer? (please tick appropriate box) Yes No If Yes, by whom? In which Court? (If applicable) State the period in respect of which the claim is being made From To Day Mth Year Day Mth Year Total No. of Weeks Gross Weekly Pay € Total Claimed € I apply for payment due to me under the Protection of Employees (Employers' Insolvency) Acts 1984-2003 and declare that I have made no other applications in respect of the amounts shown above. I am aware that my rights and remedies against my employer in respect of these amounts will be transferred to the Minister for Enterprise, Trade and Employment when payment has been made. I also declare in respect of the amounts claimed above that I have made no appeal in respect of these amounts and I am not aware, to the best of my knowledge, that these amounts are the subject of appeal by someone else. Signature:___________________________________________ Date:________________________________ WARNING: LEGAL PROCEEDINGS MAY BE TAKEN AGAINST ANYONE MAKING A FALSE STATEMENT ON THIS FORM PART 3 Form EIP3 Department of Enterprise, Trade and Employment Insolvency Payments Scheme Protection of Employees (Employers' Insolvency) Acts, 1984-2003 APPLICATION BY A RELEVANT OFFICER FOR FUNDS IN RESPECT OF: WAGES, HOLIDAY PAY, SICK PAY, MINIMUM NOTICE ENTITLEMENTS/ AWARDS, ENTITLEMENTS UNDER THE EMPLOYMENT EQUALITY ACT, 1998, UNFAIR DISMISSALS ACT, 1977, COURT AWARDS IN RESPECT OF UNFAIR OR WRONGFUL DISMISSAL, MATERNITY PROTECTION ACT, 1994, ADOPTIVE LEAVE ACT, 1995, PARENTAL LEAVE ACT, 1998, NATIONAL MINIMUM WAGE ACT, 2000 AND STATUTORY MINIMUM WAGES UNDER AN EMPLOYMENT REGULATION ORDER. NOTE: PLEASE READ NOTES BELOW BEFORE COMPLETING THIS FORM 1. When making an initial claim to the Insolvency Payments Section on behalf of the former employees of an Insolvent Company, copies of the following documentation must be attached: (

1. a)Notice of appointment of Liquidator/Receiver (
2. b)Statement of Affairs/Accounts 2. Initial claims for each employee should be accompanied by a copy of the employee's P45 or written confirmation of his/her class of insurance. 3. PLEASE NOTE THAT FAILURE TO COMPLETE THE FORM FULLY MAY RESULT IN DELAY IN MAKING THE PAYMENT. DETAILS OF INSOLVENT COMPANY Employer's PAYE Registered No. Figures Letters Name of company Business Address Nature of Business Names of Directors and Company Secretary PPS No. % Shareholding Figures Letters Date of Insolvency Day Mth Year Type of Insolvency RELEVANT OFFICER CERTIFICATE Name of Relevant Officer Name of Company Business Address Telephone No. (including area code) Relevant Officer Tax No. Figures Letters Please attach a schedule of employee entitlements. Annex EIP3(
3. a)attached shows the format required. Please ensure that your schedule is clearly headed by the company name and PAYE No. No. of pages of Annex EIP3(
4. a)attached Declaration To: Minister for Enterprise, Trade and Employment In connection with the provisions of the Protection of Employees (Employers' Insolvency) Acts, 1984-2003, I have accepted and certify, based on the best information available to me, the entitlement of the employees as shown on the attached schedule. I have made no other application in respect of these entitlements. I understand that it may be necessary for you to refer information on the entitlements to the Revenue Commissioners and/or to other Government Departments. I hereby give my consent to the disclosure of such information as is in my possession. I also agree to make available to you such records as may be required for examination. I undertake to distribute the appropriate amounts to the employees concerned from the funds received pursuant to this application. Copies of employee claims are on the relevant forms are attached. I declare that the company is insolvent and that there are no funds available from which the entitlements claimed on the attached schedule can be paid. The Instrument of payment should be drawn in favour of (Relevant Officer) Address Signature of Relevant Officer Date Department of Enterprise, Trade and Employment Tel:

(01)6312121 Davitt House Fax:

(01)6313217 65a Adelaide Road Web: www.entemp.ie Dublin 2 Lo-call 1890 220222 Schedule of Employee Entitlements Form EIP3 Company Name PAYE No. Annex (

1. a)Employee's Name PPS No. Total Arrears of Wages Deductions (Union dues, VHI/BUPA, etc.) Total Arrears of Holiday Pay Total Arrears of Sick Pay Total Minimum Notice Total of Columns (c), (d), (e), (
2. f)& (
3. g)(
4. a)(
5. b)(
6. c)(
7. d)(
8. e)(
9. f)(
10. g)1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Total € Employee's Name PPS No. Employment Equality Act, 1998 Unfair Dismissals Act, 1977, Court Awards in respect of Unfair or Wrongful Dismissals Maternity Protection Act, 1994, Adoptive Leave Act, 1995, Parental Leave Act, 1998 National Minimum Wage Act, 2000 Statutory Minimum Wages Under an Employment Regulation Order Total of Columns (j), (k), (l), (
11. m)& (
12. n)(
13. h)(
14. i)(
15. j)(
16. k)(
17. l)(
18. m)(
19. n)1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Total € GIVEN under my hand, 22 May 2003 FRANK FAHEY Minister of State at the Department of Enterprise, Trade & Employment EXPLANATORY NOTE (This note is not part of the Instrument and does not purport to be a legal interpretation.) The purpose of these Regulations is to prescribe revised forms and certificates to be used in connection with the submission of claims under Section 6 of the Protection of Employees (Employers' Insolvency) Acts, 1984 to 2003. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais