S.I. No. 339/1989 - Social Welfare (Commencement of Employment) Regulations, 1989.

S.I. No. 339 of 1989.

SOCIAL WELFARE (COMMENCEMENT OF EMPLOYMENT) REGULATIONS, 1989.

The Minister for Social Welfare, in exercise of the powers conferred on him by sections 3 and 111 of the Social Welfare (Consolidation) Act, 1981 (No. 1 of 1981) and section 15A of that Act (as inserted by the Social Welfare (No. 2) Act, 1987 (No. 29 of 1987) and amended by the Social Welfare Act, 1989 (No. 4 of 1989)), hereby makes the following Regulations:—

1. These Regulations may be cited as the Social Welfare (Commencement of Employment) Regulations, 1989.

2. In these Regulations:—

"inspector" means an inspector appointed under section 114 of the Social Welfare (Consolidation) Act, 1981 ;

"specified industry" means:—

(i) the construction industry including the building, alteration decoration, repair or demolition of any building or structure, and

(ii) forestry work;

"sub-contractor" means a person engaged under a contract for service to perform a service.

3. (1) An employer or any other person who engages a sub-contractor to perform a service in a specified industry shall notify the Minister of the date of commencement of any such employment.

(2) A sub-contractor engaged to perform a service in a specified industry shall notify the Minister of the date of commencement of employment of any person engaged to perform that service either with him or on his behalf whether under a contract for service or under any other arrangements made or to be made by him.

(3) A notification under this article shall be required in respect of employments which commence on or after the 1st day of January, 1990.

4. Every notification under article 3 of these Regulations shall:—

( a ) be made in the form set out in the Schedule hereto or in a form substantially to the like effect,

( b ) contain the particulars indicated in that form,

( c ) be signed by or on behalf of the employer, any other person, or sub-contractor required to make such notification, and

( d ) be sent within one month of the date of commencement of the relevant employment to the employment exchange or to such other place appointed by the Minister as a local employment office nearest to the place of business of the employer, any other person, or sub-contractor required to make such notification.

5. Where a notification under article 3 of these Regulations has been made otherwise than in the appropriate form, the Minister may, if he thinks fit, treat the notification as if it has been made in the appropriate form.

6. An employer, any other person, or subcontractor required by virtue of article 3 of these Regulations to notify the Minister of the commencement of an employment shall retain the receipt issued to him in respect of such notification for a period of two years from the date of notification and shall produce the receipt at such time as an inspector may require.

7. Any question arising as to whether a'' employment is an employment to which these Regulations apply shall be decided by a deciding officer appointed under section 295 of the Social Welfare (Consolidation) Act, 1981 .

SCHEDULE

Article 4

Notification of Commencement of Employment of Sub-contractors.

Part 1

Details of employer or any other person who engages sub-contractor

Name

Address

Telephone Number

Employer's Registered Number

[where the person is an employer]

Part 2

Details of sub-contractor

Name

Address

R.S.I. Number*

VAT Number

*In the absence of an RSI No. the date of birth MUST be given.

Day

Month

Year

Date of Birth

Marital Status

Description of work

Date of commencement

Signature of Employer or other person who has engaged sub-contractor

Date

(Not Block Letters)

GIVEN under the Official Seal of the Minister for Social Welfare this

14th day of December, 1989.

MICHAEL WOODS,

Minister for Social Welfare.

EXPLANATORY NOTE.

These regulations impose an obligation on employers and other persons who, on or after 1 January, 1990, engage a sub-contractor to carry out work in the construction industry or forestry work to notify the Minister for Social Welfare of the date of commencement of such employments. The regulations also impose an obligation on sub-contractors engaged to carry out work in these areas to notify the Minister of the date of commencement of employment of any person engaged to carry out that work either with them or on their behalf.

Section 15A of the Social Welfare (Consolidation) Act, 1981 provides that any person who fails to provide the required notification shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or a term of imprisonment not exceeding one year and on conviction on indictment to a fine not exceeding £10,000 or a term of imprisonment not exceeding three years.