S.I. No. 57/2007 - European Communities (Statistics) (National Employment Survey) Regulations 2007


Statutory Instruments

S.I. 057 of 2007

European Communities (Statistics) (National Employment Survey) Regulations 2007

I, Bertie Ahern, Taoiseach, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), for the purpose of giving further effect to Council Regulation (EC) No. 530/1999 of 9 March 19991 and Commission Regulation (EC) No. 1738/2005 of 21 October 20052 amending Regulation (EC) No. 1916/2000 of 8 September 20003 , hereby make the following regulations:

1.         (1)      These Regulations may be cited as the European Communities (Statistics) (National Employment Survey) Regulations 2007.

(2)      In these Regulations -

“Act” means Statistics Act 1993 (No. 21 of 1993);

“Director General” means Director General of the Office;

“enterprise” and “local unit” has the meaning given to it by Regulation (EC) No. 1738/2005 of 21 October 20052 ;

“Office” means Central Statistics Office;

“survey” means National Employment Survey Oct 2006 to be carried out by the Office during the year 2007.

2.         These Regulations apply to enterprises to which Regulation (EC) No. 1738/2005 of 21 October 20052 applies which are classified for statistical purposes under sections C to K and M to O of NACE Rev. 1, set out in the Annex to Council Regulation (EEC) No. 3037/90 of 9 October 19904 , as amended by Commission Regulation (EEC) No. 29/2002 of 19 December 20015 , which have 10 or more employees and which are required by the Office to participate in the survey.

3.         An enterprise to which these Regulations apply is required to provide to the Office, within the period specified by the Director General, information, the general nature of which is specified in the Schedule. The said information is to be provided in relation to the year 2006, and a reference period in October 2006, as appropriate, as required by the forms and questionnaires referred to in Regulation 4(a).

4.         An enterprise required by virtue of these Regulations to provide information to the Office shall provide such information -

(a)        by the completion of forms and questionnaires prepared by the Director General in accordance with section 23 of the Act, and

(b)        where directions under section 26 of the Act have been given to the enterprise, in accordance with those directions.

5.         An enterprise required by virtue of these Regulations to provide information to the Office shall be deemed to comply with that obligation where, with the consent of the Director General, the information is furnished by electronic means in a format or manner approved by the Director General.

6.         (1)      Everything that may be done under Part III (other than section 25) of the Act in respect of the collection of information or Part IV of the Act in respect of the use of records of public authorities for statistical purposes under the Act may be done for the purposes of these Regulations and the Act is to be read accordingly.

(2)      Reference in the Act to a requirement made, including a direction delivered pursuant to section 26, under the Act is to be read as including a reference to a requirement under these Regulations.

(3)      An officer of statistics under the Act is also such an officer for the purposes of these Regulations.

(4)      Sections 36 to 43 and, in so far as it relates to those sections, section 3, of the Act apply, with any necessary modifications, to these Regulations, and references in those sections to any provision of the Act shall, unless the context otherwise requires, be read as references to the corresponding provision of these Regulations.

7.         (1)      An enterprise which fails to comply with Regulation 3 or 4 commits an offence, and is liable on summary conviction to a fine not exceeding €5,000.

(2)      A person who commits an offence to which Regulation 6(4) relates is liable on summary conviction to a fine not exceeding €5,000.

SCHEDULE 1

Regulation 3

Information relating to -

(a) information about the enterprise to which the sampled employees are attached: Size of the enterprise; Collective pay agreement,

(b) information on individual characteristics of each employee in the sample relating to the reference month: Occupation (ISCO-88(COM)); Type of employment contract,

(c) information on working periods for each employee in the sample: Number of weeks in the reference year to which the gross annual earnings relate; Number of hours paid during the reference month; Number of overtime hours paid in the reference month; Annual days of absence; Annual days of holiday leave,

(d) information on earnings for each employee in the sample: Gross annual earnings in the reference year; Annual bonuses and allowances not paid in each pay period; Gross earnings in the reference month; Earnings related to overtime in the reference month; Special payments for shift work; Average gross hourly earnings in the reference month.

SCHEDULE 2

Information relating to -

individual characteristics of each employee in the sample relating to the reference month: Sex; Age; Highest successfully completed level of education and training (ISCED 97); Length of service in the enterprise.

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GIVEN under my Official Seal

 

this 10th day of February, 2007

 

Bertie Ahern

 

TAOISEACH

Explanatory Note

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

These Regulations provide a statutory basis for collecting statistics in relation to Earnings and Employment for EU requirements.

All EU member states are obliged to compile Structural Statistics on Earnings for the year 2006. In 2007 the Central Statistics Office's Earnings & Employment Costs Division will commence the ‘National Employment Survey Oct 2006’ in order to meet the EU obligation. The NES Oct 2006 survey will include the collection of statistics for national requirements in addition to the EU obligation.

1 OJ No. L63, 12.3.1999, p.6.

2 OJ No. L279, 22.10.2005, p.32.

3 OJ No. L229, 9.9.2000, p.3.

2 OJ No. L279, 22.10.2005, p.32.

2 OJ No. L279, 22.10.2005, p.32.

4 OJ No. L293, 24.10.1990, p.1.

5 OJ No. L6, 10.01.2002, p.1.