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21 1967

REDUNDANCY PAYMENTS ACT, 1967

PART I

Preliminary and General

Short title.

1. —This Act may be cited as the Redundancy Payments Act, 1967.

Interpretation.

2. —(1) In this Act—

the Act of 1952” means the Social Welfare Act, 1952 ;

business” includes a trade, industry, profession or undertaking, or any activity carried on by a person or body of persons, whether corporate or unincorporate, or by a public or local authority or a Department of State, and the performance of its functions by a public or local authority or a Department of State;

date of dismissal”, in relation to an employee, means—

(a) where his contract of employment is terminated by notice given by his employer, the date on which that notice expires,

(b) where his contract of employment is terminated without notice, whether by the employer or by the employee, the date on which the termination takes effect, and

(c) where he is employed under a contract for a fixed term, and that term expires without the contract being renewed, the date on which that term expires,

and cognate phrases shall be construed accordingly;

employee” means a person who has entered into or works under (or, in the case of a contract which has been terminated, worked under) a contract with an employer, whether the contract is for manual labour, clerical work or otherwise, is express or implied, oral or in writing, and whether it is a contract of service or apprenticeship or otherwise, and “employer” and reference to employment shall be construed accordingly;

employee's redundancy contribution” and “employer's redundancy contribution” have the meanings assigned to them by section 27;

the Employment Service” means the employment service operated under the control of the Minister and known by that title;

lay-off” has the meaning assigned to it by section 11 (1);

lump sum” has the meaning assigned to it by section 19;

the Minister” means the Minister for Labour;

prescribed” means prescribed by regulations made by the Minister under this Act;

rebate” has the meaning assigned to it by section 29;

redundancy payment” has the meaning assigned to it by section 7;

short-time” has the meaning assigned to it by section 11 (2);

sickness” or “illness” includes being incapable of work within the meaning of the Act of 1952;

special redundancy scheme” has the meaning assigned to it by section 47;

the Tribunal” has the meaning assigned to it by section 39 (1);

week”, in relation to an employee whose remuneration is calculated weekly by a week ending on a day other than Saturday, means a week ending on that other day and, in relation to any other employee, means a week ending on Saturday, and “weekly” shall be construed accordingly;

weekly payment” has the meaning assigned to it by section 30.

(2) In this Act a reference to a Part, section or schedule is to a Part or section of, or schedule to, this Act unless it is indicated that reference to some other enactment is intended.

(3) In this Act a reference to a subsection, paragraph, sub-paragraph or other division is to the subsection, paragraph, sub-paragraph or other division of the provision (including a schedule) in which the reference occurs, unless it is indicated that reference to another provision is intended.

(4) For the purposes of the operation of this Act in relation to an employee whose remuneration is payable to him by a person other than his employer, reference in this Act to an employer shall be construed as reference to the person by whom the remuneration is payable.

Commencement.

3. —This Act shall come into operation on such day as the Minister appoints by order.

Classes of persons to which this Act applies.

4. —(1) Subject to this section and to section 47 this Act shall apply to employees employed in employment which is insurable for all benefits under the Social Welfare Acts, 1952 to 1966 and to employees who were so employed in such employment in the period of two years ending on the date of termination of employment.

(2) This Act shall not apply to a person who is normally expected to work for the same employer for less than 21 hours in a week.

(3) (a) For the purpose of the application of this Act to an employee who is employed in a private household this Act (other than section 20) shall apply as if the household were a business and the maintenance of the household were the carrying on of that business by the employer.

(b) This Act shall not apply to any person in respect of employment where the employer is the father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, halfbrother or halfsister of the employee, where the employee is a member of the employer's household and the employment is related to a private dwelling house or a farm in or on which both the employer and the employee reside.

(4) The Minister may by order declare that this Act shall not apply to a class or classes of persons specified in the order and from the commencement of the order this Act shall not apply to that class or those classes.

(5) Notwithstanding subsection (2), the Minister may by order declare that this Act shall apply to a specified class of worker and from the commencement of the order this Act shall apply to that class.

(6) The Minister may by order amend or revoke an order under this section.

Laying of regulations and certain draft orders before Houses of Oireachtas.

5. —(1) Whenever an order is proposed to be made under section 4 (4), 4 (5), 4 (6), 19 (3), 28 (3), 30 (3) or 47, a draft of the proposed order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

(2) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.