Trevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

I move amendment No. 91:

In page 62, between lines 25 and 26, to insert the following:"(2) Section 1(3) of the Act of 1984 is amended by the insertion of the following paragraph:

"(e) the employer is deemed to be insolvent in circumstances where he has ceased trading and payments to employees have been determined by the Minister to have de factobeen stopped on a permanent basis for a period of six weeks or more.".

(3) Section 4 of the Act of 1984 is amended by the insertion of the following paragraph:

“(g) where following notification in writing by the employee, employees or a representative body to the Minister the employer is deemed to be insolvent in circumstances where he has ceased trading and payments to employees have been determined by the Minister to have de factobeen stopped on a permanent basis for a period of six weeks or more.".".

This amendment proposes, in page 62, between lines 25 and 26, to insert the following:

"(2) Section 1(3) of the Act of 1984 is amended by the insertion of the following paragraph:"(e) the employer is deemed to be insolvent in circumstances where he has ceased trading and payments to employees have been determined by the Minister to have de factobeen stopped on a permanent basis for a period of six weeks or more.".

This amends the interpretation section of the Protection of Employees (Employers' Insolvency) Act 1984 to enable workers access the insolvency fund where their former employer has ceased trading and is, in effect, insolvent but has not been formally placed in liquidation or receivership, has not been declared legally bankrupt, has not died, or has not been deemed insolvent under legislation of another EU member state.

The second part of the amendment amends the definition of insolvency for the purpose of application of the Act of 1984 to facilitated workers being in a position to apply under the insolvency fund where their former employer has ceased trading but has not been formally placed in liquidation or receivership, has not been declared legally bankrupt, has not died, or has not been deemed insolvent under legislation of another EU member state.

Amendment No. 94 proposes to amend section 6 of the Protection of Employees (Employers' Insolvency) Act 1984.