B U L L E T I N IRISH EMPLOYMENT LEGISLATION Bulletin No. 56, 13 November 2020 Please file this Bulletin after the Checklist of Pages in the Service Information Section LEGISLATION Parental Leave Act 1998 † Section 6(1A)(b) of the 1998 Act, inserted by s.3 of the Parental Leave (Amend- ment) Act 2019, came into effect on 1 September 2020 and increased the period of parental leave from 22 to 26 working weeks. European Union (Workers on Board Seagoing Fishing Vessels) (Organisation of Working Time) Regulations 2020 (S.I. No. 331 of 2020) † These Regulations better implement Art. 21 of Directive 2003/88/EC in relation to certain aspects of organisation of working time as they relate to workers on board seagoing fishing vessels registered in another Member State whilst in a port in Ireland. The Regulations set out the maximum hours of work and minimum hours of rest for workers on board such seagoing fishing vessels along with enforcement powers and requirements to notify the relevant flag state of any breaches. These Regulations were subsequently revoked and replaced by S.I. No. 441 of 2020 with effect from 14 October 2020 (see below). [9] Irish Employment Legislation R.56: 13 November 2020 European Union (International Labour Organisation Work in Fishing Convention) (Crew List and Fisherman’s Work Agree- ment) Regulations 2020 (S.I. No. 333 of 2020) † These Regulations implement the provisions of Art. 3 of Council Directive 2017/ 159/EU concerning the implementation of the ILO Work in Fishing Convention 2007 and Arts. 12 to 18 of the Annex and Annex 1 to the Directive. The Regula- tions require the master to carry on board a crew list and the owner to ensure that every fisherman employed on board the fishing vessel is provided with a Fish- erman’s Work Agreement. Redundancy Payments Act 1967 (Section 12A (2)) (Covid-19) (No. 3) Order 2020 (S.I. No. 349 of 2020) † This Order further extends the expiration of the ‘‘emergency period’’ in s.12A of the Redundancy Payments Act 1967 (inserted by s.29 of the Emergency Measures in the Public Interest (Covid-19) Act 2020) to 30 November 2020. Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (Workplace Relations Commission) (Designation) Order 2020 (S.I. No. 359 of 2020) † This Order designates the Workplace Relations Commission as a body which can hold its hearings remotely. Protected Disclosures Act 2014 (Disclosure to Prescribed Persons) Order 2020 (S.I. No. 367 of 2020) † This Order revokes and replaces S.I. No. 339 of 2014 (as amended by S.I. Nos. 448 of 2015 and 490 of 2016) and prescribes the persons who are to be the recipient of ‘‘protected disclosures’’ pursuant to s.7 of the Protected Disclosures Act 2014. European Union (Posting of Workers) (Amendment) Regulations 2020 (S.I. No. 374 of 2020) These Regulations transpose Directive 2018/957/EU (which amends Directive 96/71/EC) and amend the Principal Regulations (S.I. No. 412 of 2016) particu- larly as regards the definition of ‘‘net remuneration’’. National Minimum Wage Order (No. 2) 2020 (S.I. No. 427 of 2020) † This Order, which comes into operation on 1 January 2021, will increase the national minimum hourly rate of pay to e10.20. The Order further provides that that rate may include, for board only, e0.91 per hour worked and, for lodgings only, e24.10 per week or e3.45 per day. [10] R.56: 13 November 2020 Irish Employment Legislation Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Func- tions) Order 2020 (S.I. No. 436 of 2020) † This Order transfers the functions vested in the Minister for Justice and Equality under various employment enactments to the Minister for Children and Youth Affairs. The enactments include the Adoptive Leave Acts 1995 and 2005, the Carer’s Leave Act 2001, the Employment Equality Acts 1998 to 2015 (other than ss.27(2) and 37(4) of the 1998 Act), the Irish Human Rights and Equality Commission Act 2014, the Maternity Protection Acts 1994 and 2004, the Parental Leave Acts 1998 to 2019, the Paternity Leave and Benefit Act 2016 and the Parent’s Leave and Benefit Act 2019. The Minister’s title was then changed by S.I. No. 437 of 2020 (see below). Children and Youth Affairs (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 437 of 2020) † This Order alters the name of the Department of, and the title of Minister for, Children and Youth Affairs to the Department of, and the Minister for, Children, Equality, Disability, Integration and Youth. Employment Affairs and Employment Law (Transfer of Depart- mental Administration and Ministerial Functions) Order 2020 (S.I. No. 438 of 2020) † This Order transfers the functions vested in the Minister for Employment Affairs and Social Protection under the following enactments to the Minister for Busi- ness, Enterprise and Innovation: the Minimum Notice and Terms of Employment Acts 1973 to 2005; the Protection of Employment Acts 1977 to 2014; the Protec- tion of Employees (Employers’ Insolvency) Acts 1984 to 2019; the Payment of Wages Act 1991; the Terms of Employment (Information) Acts 1994 to 2014; the Organisation of Working Time Act 1997; the National Minimum Wage Act 2000; the Protection of Employees (Part-Time Work) Act 2001; the Protection of Employees (Fixed-Term Work) Act 2003; the Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007; the Protection of Employees (Temporary Agency Work) Act 2012; the Redundancy Payments Act 1967; ss.15 to 17 of the Redundancy Payments Act 1971; the Unfair Dismissals Acts 1977 to 2015; s.20 of the Workplace Relations Act 2015 (insofar as it relates to codes of practice); and the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003). European Union (Workers on Board Seagoing Fishing Vessels) (Organisation of Working Time) (No. 2) Regulations 2020 (S.I. No. 441 of 2020) † These Regulations revoke and replace S.I. No. 331 of 2020 (see above) and set out the maximum hours of work and minimum hours of rest for workers on board [11] Irish Employment Legislation R.56: 13 November 2020 seagoing fishing vessels along with enforcement powers for ‘‘authorised officers’’ and requirements to notify the relevant flag state of any breaches of the Regula- tions. Employment Affairs and Social Protection (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 447 of 2020) † This Order alters the name of the Department of, and the title of the Minister for, Employment Affairs and Social Protection to the Department of, and Minister for, Social Protection. Employment Permits (Amendment) Regulations (No. 2) Order 2020 (S.I. No. 510 of 2020) † These Regulations further amend the Principal Regulations (S.I. No. 95 of 2017) by simplifying the wording with regard to eligible nurses and midwives in Sch.3 and adding an exchange agreement to the list in Sch.5. Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Labour Court) (Designation) Order 2020 (S.I. No. 514 of 2020) † This Order designates the Labour Court as a public body whose statutory provi- sions permit it to hold its meetings remotely. Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (Labour Court) (Designation) Order 2020 (S.I. No. 515 of 2020) † This Order designates the Labour Court as a body which can hold its hearings remotely. Business, Enterprise and Innovation (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 519 of 2020). † This Order alters the name of the Department of, and the title of the Minister for, Business, Enterprise and Innovation to the Department of, and Minister for, Enterprise, Trade and Employment. Redundancy Payments Act 1967 (Section 12A(2)) (Covid-19) (No. 4) Order 2020 (S.I. No. 545 of 2020) † This Order further extends the expiration of the ‘‘emergency period’’ in s.12A of the Redundancy Payments Act 1967 (inserted by s.29 of the Emergency Measures in the Public Interest (Covid-19) Act 2020) to 31 March 2021. [12] R.56: 13 November 2020 Irish Employment Legislation CASES Maternity Protection Act 1994 † The decision of the High Court in Board of Management of Scoil an Chroı́ ro Naofa ı́osa v Donnelly [2020] IEHC 550 is considered. Parental Leave Act 1996 † The decision of an adjudication officer in An Employee v A Public Sector Employer ADJ-00023727 is considered. Protection of Employees (Fixed-Term Work) Act 2003 † The decision of the Labour Court in Health Service Executive v Power FTD 1/2020 is considered, as is the decision of an adjudication officer in A Consultant v A Hospital ADJ-00009074. Protection of Employees (Temporary Agency Work) Act 2012 † The decision of the Court of Justice in Case C-681/18, JH V KG is considered, as is the decision of the Labour Court in CPL Solutions Ltd v Wrodarczyk AWD 3/2020. Redundancy Payments Act 1967 † The decision of the Labour Court in L Connaughton & Sons Ltd v Healy RPD 5/2020 is considered. Protection of Employment Act 1977 † The decision of the Court of Justice in Case C-300/19, UQ v Marclean Technol- ogies is considered. Unfair Dismissals Act 1977 † The decisions of the Labour Court in Keelings Retail v Haskiya UDD 23/2020, Tallaght University Hospital v Gopolan UDD 25/2020 and Rehab Group v Roberts UDD 26/2020 are considered. Employment Equality Act 1998 † The decisions of the Labour Court in A Retail Company v A Worker EDA 12/2020 and Health Service Executive v Hannigan EDA 13/2020 are considered, as are the decisions of an adjudication officer in A Presenter v A Broadcasting Company ADJ-00010297, Fitzpatrick v Public Appointments Service DEC- E2020-001 and Fitzpatrick and Boyle v Commissioner of An Garda Sı́ochána DEC-E2020-002 and 003. [13] Irish Employment Legislation R.56: 13 November 2020 European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 † The decision of the Court of Justice in Joined Cases C-674/18 and C-675/18, EM and FL v TMD Friction, is considered. [14] R.56: 13 November 2020 Irish Employment Legislation
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