S.I. No. 528/2005 - European Communities (Protection of Employees) (Part-Time Workers) Regulations 2005


S.I. No. 528 of 2005 .

EUROPEAN COMMUNITIES (PROTECTION OF EMPLOYEES) (PART-TIME WORKERS) REGULATIONS 2005.

I, MICHEÁL MARTIN, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Council Directive 97/81/EC of 15 December 19971 , hereby make the following regulations:

1.  These Regulations may be cited as the European Communities (Protection of Employees) (Part-Time Workers Regulations 2005.

2.  The Labour Services Act 1987 (No. 15 of 1987) is amended in Part II of the Schedule—

(a)  in paragraph 10—

(i)   in subparagraph (b), by deleting “and”, and

(ii)  by deleting subparagraph (c),

and

(b)  in paragraph 11, by deleting “and works not less than 18 hours a week for an Foras”.

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GIVEN under my Official Seal, this 18th day of August, 2005.

 

MICHEÁL MARTIN,

Minister for Enterprise, Trade and Employment.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations remove the provision in the Labour Services Act 1987 (No. 15 of 1987) (Paragraph 10(c) of Part II of the Schedule) that an employee must work not less than 18 hours a week for FÁS before being entitled to vote in Worker Director Elections. The Regulations also remove the provision (in Paragraph 11 of Part II of the Schedule that an employee must work not less than 18 hours a week for FÁS to be eligible to be nominated as a candidate at the Elections. This is to give full effect to Section 9 of the Protection of Employees (Part-Time Work) Act 2001 (No. 45 of 2001), which outlaws the discrimination of part-time workers.

1OJ No. L14, 20.1.1998, p.9