Employment Law

EMPLOYMENT LAW

The responsibility for Employment Law in Ireland rests largely with two government departments namely the Department of Enterprise Trade and Employment and the Department of Justice Equality and Law Reform. Bills and Acts implemented by other departments are now impinging on employment.

European Union Directives

Almost all of EU Directives on Employment Law set down by the "Social Action Program" developed by the European Union Social Charter (1989) have been implemented.

Draft directives highlighted the variances between each member states' existing legislation and suggested solutions aimed at eliminating commercial advantages of one member state over another. The draft directives were discussed at EU level and final directives were then issued with an implementation date. Business in Ireland is, as a result, almost subject to the same rules as elsewhere in Europe.

In Ireland the Bills or Amendments to existing Acts are circulated to the houses of the Oireachtas and Acts are then passed. This procedure can take up to two years but several Bills/Acts were rushed through in order to comply with implementation dates for EU Directives.

RECENT DEVELOPMENTS (Important issues)

Transnational Information and Consultation of Employees Act, 1996.- Operational September 1996.[Cross borders] (Works Councils - information and consultation of employees.)

Protection of Young Persons (Employment) Act, 1996. - Operational January 1997. (Minimum conditions of employment for children and young people.)

Organisation of Working Time Act , 1997. - Operational September 1997 (Minimum conditions of employment, rest breaks, working time, minimum 20 days holidays 1999.)

Parental Leave Act 1998. - Operational December 1998 (14 weeks unpaid parental leave and 5 days paid emergency leave in any consecutive 36 month period.)

Employment Equality Act, 1998. - Operational October 1999 (Outlaws discrimination in employment.)

Equal Status Act 2000.- Operational 25th October 2000 (prohibits discrimination on specific grounds in connection with the provision of goods, services, property and opportunities.) Fixed-term Work Directive. - To be enacted by July 2001 (Pro-rata application of benefits of full-time employees)

Part-time Work Directive. - Under review with Employee rights section - To be enacted by Jan 2001 (Pro-rata application of benefits of full-time employees)

Framework for Informing and Consulting Employees. - At EU Council discussion stage (Advise to workers of financial status, sale of business etc.)