Finian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context

Question 219: To ask the Minister for Jobs, Enterprise and Innovation the position regarding the general terms and conditions of employees who have ten years and five years' employment, respectively, in a specific company; if notice is required; if employment contracts can be set aside to be renegotiated without due consideration to the length of service to an individual company that is currently being contracted to the Health Service Executive. [37264/11]

Richard Bruton (Dublin North Central, Fine Gael)
Link to this: Individually | In context

While individual contracts fall within the area of private law, in general a contract of employment may not be set aside without the agreement of the parties involved. In most circumstances, parties to a contract of employment irrespective of the length of employment, are required to negotiate and agree changes to that contract before it can be binding on both parties. (Exceptions can arise, however, in the cases of employees covered by Registered Employment Agreements which have been negotiated and agreed between employer and employee representative bodies. Once agreed, the terms and conditions are binding on those that are party to such agreements. However, there is nothing in the information provided to suggest that the issue of concern to the Deputy falls within the scope of a Registered Employment Agreement).

In the case of agency workers the contract of employment is between the agency and the worker, other than for the purpose of the Unfair Dismissals Act. The Minimum Notice and Terms of Employment Act, 1973-2001 prescribes minimum terms of notice as set out on the schedule included with this reply.

An employee who has not received the minimum statutory notice is entitled to make a complaint to the Employment Appeals Tribunal, Davitt House, 65A Adelaide Road, Dublin 2.

The Redundancy Payments Act, 1967-2007 also provides that in order to qualify for statutory redundancy an employee must have been employed in insurable employment for a minimum period of two years. Access to redress under the Unfair Dismissal Act, 1977-2007 requires that the employee be employed for a minimum one year.