Article

Employment and Industrial Relations Act - Article 36; Subsidiary Legislation 452.80 - whole regulation

Description

The notice periods in case of redundancies are indicated in article 36 of the Employment and Industrial Relations Act 2002 and are estimated according to the employee’s continuous length of service, which are:

• Less than one month - without notice;
• More than one month and up to six months - one week;
• More than six months and up to two years - two weeks;
• More than two years and up to four years - four weeks;
• More than four years and up to seven years - eight weeks;
• More than seven years and up to eight years - nine weeks;
• More than eight years and up to nine years - ten weeks;
• More than nine years and up to ten years - eleven weeks;
• More than ten years - twelve weeks.

Longer period of notice may be agreed in the case of technical, administrative, executive or managerial posts.

Regulations on collective redundancies (defined as the termination of the employment by an employer on grounds of redundancy of 10 employees if 21 to 99 persons are employed, 10% of the workforce if 100 to 299 are employed; and 30 or more employees if 300 or more persons are employed) require that employers inform the employees' representatives 30 days in advance about who are the employees to be made redundant. The applicable notice periods as indicated in article 36 of the main act are still to be adhered to. Nevertheless, no redundancy may take effect before the lapse of the said period of 30 days, unless in exceptional circumstances where the Director of Industrial and Employment Relations allows the employer a shorter notification period. In any case the employee shall still have the right to the applicable notice period (or to a compensation in lieu if the period or part of, is not respected), as stipulated by article 36 of the act.

In the case of collective redundancies, the employer must notify the employees’ representatives in writing before terminating their employment, ensuring that the representatives have the opportunity to consult with the employer (which consultations are to begin within seven working days from the day of notification). The employer must also inform the Director responsible for Employment and Industrial Relations. Where the intended collective redundancy concerns members of the crew of a seagoing ship, the employer must notify the Registrar General of Shipping and Seamen, as specified by L.N. 281 of 2017, which transposes part of Directive (EU) 2015/1794 of the European Parliament and of the Council of 6 October 2015.

Commentary

Labour legislation and related amendments are discussed at policy formulation stage in the tripartite Employment Relations Board (ERB). Members forming this board come from trade unions, employers' associations and the government.

Additional metadata

Cost covered by

None

Involved actors other than national government

Employer organisation Trade union Other

Involvement (others)

Employment Relations Board

Thresholds

Affected employees: No, applicable in all circumstances
Company size: No, applicable in all circumstances
Additional information: No, applicable in all circumstances

Sources

• Watson Wyatt, 2006, Employment Terms & Conditions Report Europe, Volume I Brussels, Belgium
• Chapter 452 - Employment and Industrial Relations Act, 2002
• Subsidiary Legislation 452.80 - Collective Redundancies (Protection of Employment) Regulations