Written answers

Tuesday, 8 September 2020

Department of Employment Affairs and Social Protection

Employment Rights

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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731. To ask the Minister for Employment Affairs and Social Protection if a person that is temporarily laid off work is subject to the definition of a break in service (details supplied); and if she will make a statement on the matter. [22125/20]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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Provisions in relation to continuity of employment are contained in the Minimum Notice and Terms of Employment Act 1973. The First Schedule to the Act provides that a lay-off shall not amount to the termination by an employer of his employee’s service.

An employee's service is considered continuousunless he/she is either dismissed or voluntarily leaves his/her job.

If the employees have concerns or complaints regarding their employment rights, the mechanism for them to use is the Workplace Relations Commission. The WRC is the organisation which is mandated to secure compliance with employment rights legislation. The Customer Service section of the WRC operates a telephone helpline at 1890 808090. They can provide further information in relation to employment, equality and industrial relations rights and obligations, and how to obtain redress where appropriate.

I trust this clarifies the matter for the Deputy.

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