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Codes of practice
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20. (1) (a) The Commission may, for the purpose of providing guidance to employers, employees and any other persons to whom this Act applies with respect to compliance with an employment enactment, prepare and submit to the Minister draft codes of practice.
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(b) The Commission may, for the purpose of providing guidance to employers, employees and any other persons to whom this Act applies with respect to compliance with an employment enactment, submit to the Minister a draft code of practice prepared by any person other than the Commission.
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(2) The Minister may give a direction to the Commission requiring it to prepare and submit to him or her a code of practice for the purpose mentioned in subsection (1) .
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(3) The Commission shall comply with a direction under subsection (2) .
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(4) The Commission shall, before submitting a draft code of practice to the Minister under subsection (1), request any person that it considers appropriate, including trade unions and employer representative bodies, to make representations to it in relation to the draft code of practice, and the Commission shall consider any such representations made.
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(5) The Minister may give a direction to the Commission to amend a draft code of practice submitted to him or her in accordance with this section in such manner as is specified in the direction, and the Commission shall comply with the direction and resubmit to the Minister the draft code of practice as so amended.
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(6) The Minister may, by order, declare a draft code of practice submitted or resubmitted to him or her in accordance with this section to be an approved code of practice for the purposes of this Act, and the text of the approved code of practice shall be set out in the order.
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(7) The Commission shall publish an approved code of practice on its internet website.
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(8) Every order under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next twenty one days on which that House sits after the order has been laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
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(9) A code of practice standing approved under this section shall be admissible in evidence in proceedings before a court, the Labour Court or an adjudication officer.
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(10) In this section “employment enactment” does not include the Act of 1998.
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