Written answers
Wednesday, 20 September 2023
Department of Enterprise, Trade and Employment
Employment Rights
Neasa Hourigan (Dublin Central, Green Party)
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226. To ask the Minister for Enterprise, Trade and Employment his plans to increase the minimum length of notice a person is entitled to under the Minimum Notice and Terms of Employment Acts 1973-2005; and if he will make a statement on the matter. [39625/23]
Neale Richmond (Dublin Rathdown, Fine Gael)
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The Minimum Notice and Terms of Employment Acts 1973 to 2005 provide that if an employee has been in continuous service with the same employer for at least 13 weeks they are entitled to a minimum period of notice if the employer terminates the contract of employment. The period of notice varies according to the length of service as follows:
Length of service | Minimum Notice |
---|---|
13 weeks and up to 2 years | 1 week |
2 years and up to 5 years | 2 weeks |
5 years and up to 10 years | 4 weeks |
10 years and up to 15 years | 6 weeks |
Over 15 years | 8 weeks |
The legislation provides for minimum statutory notice periods. Employers and employees can also agree greater notice periods. The Acts do not prevent an employee from accepting payment in lieu of notice.
If an employee considers that the minimum notice entitlement has not been received, the employee may refer a complaint to the Workplace Relations Commission.
The Minimum Notice and Terms of Employment Acts are not under review at present, however the legislation, like all employment rights laws in Ireland, is monitored on an ongoing basis to ensure it remains robust and fit for purpose.
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