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Protection of Employees (Part-Time Work) Act, 2001

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Number 45 of 2001


PROTECTION OF EMPLOYEES (PART-TIME WORK) ACT, 2001


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title, collective citation and construction.

2.

Commencement.

3.

Interpretation (generally).

4.

Regulations and orders.

5.

Repeal.

6.

Expenses.

PART 2

Part-Time Work and the Rights of Part-Time Employees

7.

Interpretation (Part 2).

8.

Application of relevant enactments.

9.

Conditions of employment for part-time employees.

10.

Proportionate provision of certain conditions of employment.

11.

Part-time employees who work on a casual basis.

12.

Objective grounds for less favourable treatment.

13.

Review of obstacles to the performance of part-time work.

14.

Voidance of certain provisions.

15.

Prohibition of penalisation of employee by employer.

16.

Complaints to rights commissioner.

17.

Appeals from and enforcement of decisions of rights commissioner.

18.

Enforcement of determinations of Labour Court.

19.

Non-application of sections 16 to 18.

PART 3

Miscellaneous

20.

Clarification of effect of certain enactments in relation to posted workers and other persons having an employment relationship in the State.

21.

Amendment of section 14(2) of Protection of Employment Act, 1977.

SCHEDULE


Acts Referred to

Carer's Leave Act, 2001

2001, No. 19

Civil Service Regulation Act, 1956

1956, No. 46

Courts Act, 1981

1981, No. 11

Employment Agency Act, 1971

1971, No. 27

Local Government Act, 1941

1941, No. 23

Minimum Notice and Terms of Employment Acts, 1973 and 1984

Organisation of Working Time Act, 1997

1997, No. 20

Protection of Employees (Employers' Insolvency) Acts, 1984 and 1990

Protection of Employment Act, 1977

1977, No. 7

Redundancy Payments Act, 1967

1967, No. 21

Redundancy Payments Acts, 1967 to 1990

Terms of Employment (Information) Act, 1994

1994, No. 5

Trade Union Act, 1941

1941, No. 22

Unfair Dismissals Acts, 1977 to 1993

Worker Participation (State Enterprises) Acts, 1977 to 1993

Worker Protection (Regular Part-Time Employees) Act, 1991

1991, No. 5

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Number 45 of 2001


PROTECTION OF EMPLOYEES (PART-TIME WORK) ACT, 2001


AN ACT TO PROVIDE FOR THE IMPLEMENTATION OF DIRECTIVE 97/81/EC OF 15 DECEMBER, 1997, OF THE COUNCIL OF THE EUROPEAN COMMUNITIES CONCERNING THE FRAMEWORK AGREEMENT ON PART-TIME WORK CONCLUDED BY UNICE, CEEP AND THE ETUC1 , TO CLARIFY THE EFFECT CERTAIN ENACTMENTS RELATING TO EMPLOYEES HAVE IN CASES WHERE THE EMPLOYEE CONCERNED IS A POSTED WORKER (WITHIN THE MEANING OF DIRECTIVE 96/71/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 16 DECEMBER, 1996, CONCERNING THE POSTING OF WORKERS IN THE FRAMEWORK OF THE PROVISION OF SERVICES2 ) OR OTHERWISE HAS AN EMPLOYMENT RELATIONSHIP IN THE STATE, TO AMEND SECTION 14(2) OF THE PROTECTION OF EMPLOYMENT ACT, 1977, AND TO PROVIDE FOR RELATED MATTERS. [15th December, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1 O.J. No. L14, 20.1.1998, p. 9

2 O.J. No. L018, 21.1.1997, p. 1