Written answers

Tuesday, 5 March 2019

Department of Employment Affairs and Social Protection

Legislative Reviews

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
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525. To ask the Minister for Employment Affairs and Social Protection her plans to update the Minimum Notice and Terms of Employment Acts 1973 to 2001; and if she will make a statement on the matter. [10381/19]

Photo of Regina DohertyRegina Doherty (Meath East, Fine Gael)
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As with all employment legislation, my Department continues to monitor the effectiveness of the Minimum Notice and Terms of Employment Acts so as to ensure that it is fit for purpose and meets the requirements of employers and employees.  

The Deputy will note that the Employment (Miscellaneous Provisions) Act 2018 was signed by the President on 25 December 2018 and came into force yesterday, the 4th March 2019.

The main provisions of the Act are that -

- Employers shall give employees basic terms of employment within five days;

- Zero hour contracts are prohibited except in situations of genuine casual employment and where they are essential to allow employers to provide cover in emergency situations or to cover short-term absence;

- Employees called in to work but sent home again without work are entitled to a new minimum payment;

- Banded Hours provisions are introduced: a new right for employees whose contract of employment does not reflect the reality of the hours they habitually work whereby they will be entitled to be placed in a band of hours that better reflects the hours they have worked over a 12 month reference period; and

- there are strong anti-penalisation provisions for employees who invoke their rights under this legislation.

The introduction of this important legislation will improve the security and predictability of working hours for employees on insecure contracts.

I hope this clarifies the matter for the Deputy.

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