In short
This law, the Conditions of Employment Act, 1944, amends the earlier Conditions of Employment Act, 1936, by making specific changes to certain sections of that principal Act.
What it regulates
- Exclusions from the Principal Act's scope, specifically regarding fishing.
- Who can bring a prosecution for certain offenses under the Principal Act.
- How working hours are calculated for different types of workers.
- The handling of ongoing legal proceedings related to specific working hour claims.
Who it concerns
- Employers of workers.
- Workers, particularly those involved in continuous process shift work.
- Trade unions and their officials.
Key points
- "Fishing" is now excluded from the scope of the Principal Act.
- A worker or a trade union official can bring a prosecution against an employer for an offense under the Principal Act.
- For workers doing continuous process shift work, the amount of time an employer permits them to work after completing fifty-six hours in any week is considered.
- Existing legal proceedings commenced before February 16, 1944, regarding certain working hour claims may not be affected by these amendments, depending on their status.
đ Legal text
Conditions of Employment Act, 1944
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Conditions of Employment Act, 1944
Conditions of Employment Act, 1944
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Number 12 of 1944.
CONDITIONS OF EMPLOYMENT ACT, 1944.
ARRANGEMENT OF SECTIONS
Section
1.
The Principal Act.
2.
Amendment of section 3 of the Principal Act.
3.
Amendment of section 9 of the Principal Act.
4.
Amendment of section 43 of the Principal Act.
5.
Savers in relation to certain proceedings.
6.
Short title and collective citation.
Act Referred to
Conditions of Employment Act, 1936
No. 2 of 1936
Number 12 of 1944.
CONDITIONS OF EMPLOYMENT ACT, 1944.
AN ACT TO AMEND THE
CONDITIONS OF EMPLOYMENT ACT, 1936
. [26th April, 1944.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:â
The Principal Act.
1.âIn this Act the expression âthe Principal Actâ means the
Conditions of Employment Act, 1936.
(No. 2 of 1936).
Amendment of section 3 of the Principal Act.
2.â(1) Sub-section (1) of
section 3
of the Principal Act is hereby amended by the insertion before the words ânor the transport of persons or goodsâ of the words ânor fishingâ.
(2) Sub-section (1) of this section shall be deemed to have come into operation on the date on which the Principal Act came into operation.
Amendment of section 9 of the Principal Act.
3.â
Section 9
of the Principal Act is hereby amended by the insertion therein after sub-section (2) of the following sub-section:â
â(2A) A prosecution for an offence under any section of this Act committed by an employer of a worker in relation to such worker may be brought at the suit of such worker or of any official of a trade union of which such worker is a member.â
Amendment of section 43 of the Principal Act.
4.â(1) Sub-section (3) of
section 43
of the Principal Act is hereby amended by the insertion before the words âthe amount of timeâ of the words â(as respects workers doing continuous process shift work) the amount of time in any week for which any employer permits any worker to work after having completed fifty-six hours of work and (as respects all other workers)â.
(2) Sub-section (1) of this section shall be deemed to have come into operation on the date on which the Principal Act came into operation.
Savers in relation to certain proceedings.
5.âWhere any proceedings were commenced before the 16th day of February, 1944, to recover any moneys alleged to be payable by reason of sub-section (2) of
section 43
of the Principal Act to a worker doing continuous process shift workâ
(a) if the proceedings were finally determined before the date of the passing of this Act,
section 4
of this Act shall not operate to invalidate the determination,
(b) if the proceedings were not finally determined before the date of the passing of this Act, any court before which the proceedings may come shall proceed as if
section 4
of this Act had not been enacted.
Short title and collective citation.
6.â(1) This Act may be cited as the Conditions of Employment Act, 1944.
(2) The Principal Act and this Act may be cited together as the Conditions of Employment Acts, 1936 and 1944.
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