asked the Minister for Labour the minimum legal obligation with respect to the necessity to give notice to employees in the public and private sector; and the criteria governing the termination of employment as far as minimum notice and salary are concerned.
Ceisteanna—Questions. Oral Answers. - Termination of Employment Obligations.
5.
The Minimum Notice and Terms of Employment Act, 1973, lays down minimum periods of notice to be given by employers when terminating a contract of employment.
The Act applies to most employments in the public and private sectors. It does not apply, however, to established civil servants, members of the Permanent Defence Forces, other than a temporary member of the Army Nursing Service, and members of the Garda Siochana. In addition, it does not apply to workers employed for less than 21 hours a week by the same employer, to the immediate family of the employer provided they live with him and are employed in the same private house or farm, or to seamen signing on under the Merchant Shipping Act.
The following are the entitlements under the Act as to the notice of an employee who has been in continuous service with the same employer for at least 13 weeks:
|
Length of Service |
Minimum Notice |
|
13 weeks but less than two years |
one week |
|
two years but less than five years |
two weeks |
|
five years but less than ten years |
four weeks |
|
ten years but less than 15 years |
six weeks |
|
15 years or more |
eight weeks |
The Act does not affect the right of an employer or an employee to terminate a contract of employment without notice because of misconduct by the other party.
Provision is also made in the Act for payment in lieu of notice.
Is it correct to assume that there is a substantial number of people who appear not to be in a position of having what might be called reasonable guarantees against the prospect of their being open to dismissal? Are there many employees who could be dismissed—in other words, excluded from the legislation to which the Minister refers—without notice?
The bulk of the people outside the terms of this Bill would be in the civil service, members of the permanent Defence Forces and the Garda Síochána. The Deputy is well aware that such dismissal is not likely and is not an occurrence in the sectors referred to.
It is possible, though?
I think the Deputy would agree that in the other sector certainly there is more need for the terms of this Bill than there is in the public sector.
Would the Minister not agree that perhaps it would be safer all round if everybody's employment was protected to some degree? Might I ask whether Members of the Oireachtas would come within the ambit of the legislation referred to—Members of the Oireachtas, may I add, who would be likely to learn of their dismissal in the evening newspaper or on television? What would be their position?
I do not think the Deputy seriously expects me to protect the Members of the House of the Oireachtas in their appointments.
The Minister might protect himself.
Much as I might like to, I do not think it would be a very popular decision.
In all seriousness would the Minister not agree that anybody in employment—and I include Members of the Oireachtas—is entitled to at least certain guarantees against the prospect of their dismissal, including members of the public service?
When this Bill was introduced there was reasonable acceptance that the necessity for this legislation was in the private sector.
I would accept that.
Although the Bill was introduced by my predecessor, I fully support the reasons for its introduction. This is where the need lay.
I am not disagreeing with that.