S.I. No. 581/2001 - Protection of Employees (Employers' Insolvency) (Forms and Procedure) (Amendment) Regulations, 2001.

I, TOM KITT, Minister of State at the Department of Enterprise, Trade and Employment in exercise of the powers conferred on me by section 6 and 16 of the Protection of Employees (Employees' Insolvency) Act, 1984 (No. 21 of 1984) and the Labour (Transfer of Departmental Administration and Ministerial Functions) Order, 1993 ( S.I. No. 18 of 1993 ) as adapted by the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 305 of 1997 ), and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) No. 2 Order, 1997 ( S.I. No. 330 of 1997 ) hereby make the following regulations:

1.       (1)      These Regulations may be cited as the Protection of Employees (Employers' Insolvency) (Forms and Procedure) (Amendment) Regulations, 2001.

(2)      These Regulations shall come into operation on 1 January, 2002.

2.      In these Regulations -

“the Act” means the Protection of Employees (Employers' Insolvency) Act, 1984 (No. 21 of 1984);

“Principal Regulations” means the Protection of Employees (Employers' Insolvency) (Forms and Procedure) Regulations, 1984 ( S.I. No. 356 of 1984 );

and

“Regulations of 1991” means the Protection of Employees (Employers' Insolvency) (Forms and Procedure) (Amendment) Regulations, 1991 ( S.I. No. 349 of 1991 ).

3.      The Principal Regulations (as amended by the Regulations of 1991) are amended by -

(a)      The substitution for Regulation (3) of the following Regulation as Regulation (3):

“3.      (1)      The following forms are prescribed as the forms to be used as regards applications under section 6 of the Act:

(a)      in the case of an application for payment in respect of the period of minimum notice specified under section 4 of the Minimum Notice and Terms of Employment Act, 1973 (No. 4 of 1973), the form (Form EIP 2) set out in Part 2 of the Schedule to these Regulations; and

(b)      in the case of an application for payment in respect of any other case to which section 6 of the Act applies, the form (Form EIP 1) set out in Part 1 of the Schedule to these Regulations.”,

(b)      the substitution in Regulation 4(b)(ii) of “the Secretary General, Department of Enterprise, Trade and Employment, Davitt House, 65A Adelaide Road, Dublin 2.” for “the Secretary, Department of Labour, Davitt House, 65A Adelaide Road, Dublin 2.”,

(c)      by the substitution for paragraph (2) of Regulation 5 of the following paragraph:

“(2)      A statement required by paragraph (1) of this Regulation shall be made by means of the form (Form EIP 3) set out in Part 3 of the Schedule to these Regulations.”,

(d)      The insertion after Regulation 6 of the following as Regulation 7:

“7.      A person shall be deemed to have complied with any requirements under these Regulations to make an application or to prepare a statement in a form prescribed by these Regulations where the application or statement, as case may be, is made in a form to like effect to the prescribed form concerned.”,

and

(e)      The substitution of the matter in the Schedule to these Regulations for the matter in the Schedule to the Principal Regulations.

SCHEDULE

Part 1

Form EIP1

EMPLOYEE'S APPLICATION FOR PAYMENT(S) UNDER THE INSOLVENCY PAYMENTS SCHEME

An Roinn Fiontar, Trádála agus Fostaíochta

Department of Enterprise, Trade and Employment

Insolvency Payments Scheme

Protection of Employees (Employers' Insolvency) Acts, 1984 to 2001

Part 1      Your Details

Part 2      Employer Details

Part 3      Employment Details

Part 4      Arrears of Wages

Deductions from wages : i.e Union Dues, V.H.I., etc.

Part 5      Arrears of Holiday Pay

Part 6      Arrears due under a Company Sick Pay Scheme

Part 7       Anti-Discrimination (Pay) Act, 1974 or Employment Equality Act, 1977

Note: Please attach copy of recommendation, determination, decision, award or judgement as appropriate.

Date refers to date of recommendation, determination, decision, etc

Part 8       Unfair Dismissals Act, 1977 or Court Awards in respect of Unfair or Wrongful Dismissal

Note: Please attach copy of recommendation, determination, order or judgement as appropriate.

Date refers to date of recommendation, determination, order, etc.

Part 9       Maternity Protection Act, 1994 , Adoptive Leave Act, 1995 or Parental Leave Act, 1998

Note: Please attach copy of recommendation, determination, or order as appropriate.

Date refers to date of recommendation, determination, order, etc.

Part 10       National Minimum Wage Act 2000

Note: Please attach copy of decision, determination or judgement as appropriate.

Date refers to date of decision, determination, judgement, etc.

Part 11      Statutory Minimum Wages under an Employment Regulation Order

Note: A claim under this part is not payable unless proceedings against the employer under section 45(1) of the Industrial Relations Act, 1946 , for the amount involved have been instituted.

Part 2

Form EIP2

INSOLVENCY PAYMENTS SCHEME

Protection of Employees (Employers' Insolvency) Acts 1984 to 2001

EMPLOYEE'S APPLICATION FOR PAYMENT OF AN AWARD UNDER THE MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACT, 1973

PART 2:  AWARD BY THE EMPLOYMENT APPEALS TRIBUNAL UNDER SECTION 12 OF THE MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACT, 1973

PLEASE ATTACH A COPY OF THE TRIBUNAL AWARD

I apply for payment due to me under the Protection of Employees (Employers' Insolvency) Acts, 1984 to 2001 and declare that I have made no other applications in respect of the amount shown above. I am aware that my rights and remedies against my employer in respect of this amount will be transferred to the Minister under the Protection of Employees (Employers' Insolvency) Act, 1984 .

Part 3

Form EIP3

Insolvency Payments Scheme

Protection of Employees (Employers' Insolvency) Acts, 1984 to 2001

APPLICATION BY A RELEVANT OFFICER FOR FUNDS IN RESPECT OF:

WAGES, HOLIDAY PAY, SICK PAY, MINIMUM NOTICE AWARDS, ENTITLEMENTS UNDER THE ANTI-DISCRIMINATION (PAY) ACT, 1974 , EMPLOYMENT EQUALITY ACT, 1977 , UNFAIR DISMISSALS ACT, 1977 , COURT AWARDS IN RESPECT OF UNFAIR OR WRONGFUL DISMISSAL, MATERNITY PROTECTION ACT, 1994 , ADOPTIVE LEAVE ACT, 1995 , PARENTAL LEAVE ACT, 1998 , NATIONAL MINIMUM WAGE ACT, 2000 AND STATUTORY MINIMUM WAGES UNDER AN EMPLOYMENT REGULATION ORDER.

IMPORTANT: PLEASE READ NOTES BELOW BEFORE COMPLETING THIS FORM

DETAILS OF INSOLVENT COMPANY

RELEVANT OFFICER CERTIFICATE

Please attach a schedule of employee entitlements, Annex EIP3(a) attached shows the format required. Please ensure that your schedule is clearly headed by the company name and PAYE No. You may use the attached example if you wish.

Declaration

To: Minister for Enterprise, Trade and Employment

In connection with the provisions of the Protection of Employees (Employers' Insolvency) Acts, 1984 to 2001, I have accepted, based on the best information available to me, the entitlement of the employees as shown on the attached schedule. No other application has been made by me in respect of these entitlements. I understand that it may be necessary for you to refer information on the entitlements to the Revenue Commissioners and/or to other Government Departments. I hereby give my consent to the disclosure of such information as is in my possession. I also agree to make available to you such records as may be required for examination. I undertake to distribute the appropriate amounts to the employees concerned from the funds received pursuant to this application. Copies of employee claims on the relevant forms are attached.

I declare that the company is insolvent and that there are no funds available from which the entitlements claimed on the attached schedule can be paid.

Explanatory Note.

(This note is not part of the Instrument and does not purport to be a legal interpretation). The purpose of these Regulations is to prescribe revised formats of the forms and certificates used in connection with submission of claims under Section 6 of the Protection of Employees (Employers' Insolvency) Payments Acts, 1984 to 2001.

The new forms reduce the number of forms from five to three to facilitate the claims procedure.