Willie Penrose (Longford-Westmeath, Labour)
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Question 199: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the number of employees issued with RP9 forms by employers in the construction industry; the length of time it takes to process same; if this method of temporary lay offs is used by industries other than construction; if her attention has been drawn to the fact that once laid off temporary, the employee, when issued with the RP9 form must wait four weeks and then make a claim for redundancy payment, but which period causes the employee to lose their right to statutory notice or payment in lieu of notice; if she will take steps to remedy this situation; and if she will make a statement on the matter. [33563/09]

Dara Calleary (Mayo, Fianna Fail)
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The RP9 form is merely a form of notice between the employer and employee where the issue of temporary lay off occurs. It is not a form that is submitted to the Department for any statutory purpose. There is no obligation on the employer or employee to use the RP9 form for this purpose and Notice may be given orally without the use of the RP9.

In general, a layoff situation exists when an employer suspends an employee's employment because there is no work available, when the employer expects the cessation of work to be temporary and when the employer notifies the employee to this effect. While layoff situations are commonly experienced in the construction sector, there is no legislative exclusion in relation to the use of periods of layoff for other sectors.

An employee who has been laid off or kept on short time or a mixture of both either for four consecutive weeks or for a broken series of six weeks where all six weeks occur within a 13 week period, may, if he so wishes, claim a redundancy payment. The Redundancy Payment claim would be conditional on the employer not issuing a counter claim by offering 13 weeks continual employment, starting within four weeks of the date of receipt of the employees' claim for redundancy.

If the employee chooses not to accept the offer of continual employment, he/she is deemed to have voluntarily left the employment and the question of minimum notice payments does not arise. Depending on the circumstances of the case, he/she may qualify for a redundancy payment, which would be a matter, in the first instance for the employer but could, if necessary, be submitted to the Employment Appeals Tribunal for adjudication. The employee does not have to claim statutory redundancy as soon as he has been laid off or kept on short time but could submit this at a later time if he so chooses.

Paul Kehoe (Wexford, Fine Gael)
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Question 200: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if she will assist with expediting redundancy payments in respect of a person (details supplied); and if she will make a statement on the matter. [33648/09]

Dara Calleary (Mayo, Fianna Fail)
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The Redundancy Payments Section of my Department received an application for a statutory redundancy lump sum payment on the 1st of July, 2009 in respect of the above applicant. The company for whom the employee in question worked is in liquidation and I understand that the application is currently being processed by my Department and that payment is expected to issue to the individual in the next few weeks.

Mary Wallace (Meath East, Fianna Fail)
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Question 201: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the consideration being given to making an application under the European Globalisation Fund in respect of a company (details supplied) similar to that which was announced for another company. [33666/09]

Mary Coughlan (Donegal South West, Fianna Fail)
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My Department is currently preparing an application seeking co-financing support from the European Globalisation Adjustment Fund (EGF) in relation to workers made redundant at SR Technics. This is being done in consultation with the relevant statutory bodies such as FÁS, Enterprise Ireland, IDA Ireland, the Department of Education and Science, the Higher Education Authority and relevant vocational and third level education institutions. On finalisation of this process, I intend to submit the EGF application to the European Commission later this month.