Dáil Éireann Debate, Wednesday - 20 September 2023
227. Deputy Neasa Hourigan asked the Minister for Enterprise, Trade and Employment his plans to increase the period of consecutive days, which is currently 30 days, during which making redundant the relevant number of employees constitutes collective redundancy; and if he will make a statement on the matter. [39626/23]
View answerThe Protection of Employment Act 1977, as amended, implements EU Directive 98/59/EC on the approximation of the laws of the Member States relating to collective redundancies. The Act defines a collective redundancy as where, during any period of 30 consecutive days, the employees being made redundant are:
• 5 employees where 21-49 are employed,
• 10 employees where 50-99 are employed,
• 10% of the employees where 100-299 are employed,
• 30 employees where 300 or more are employed.
A reference period of 30 consecutive days is in line with the majority of other Member States.
In general, I am satisfied that the 30-day reference period set out in legislation is sufficient and the period is achieving the objective to ensure employees are consulted with and provided with relevant information. Any proposed change would require consultation with employee and employer representative groups and careful consideration would have to be given to understand and avoid potential unintended consequences.
I also note that the Joint Oireachtas Committee on Enterprise, Trade and Employment recently examined these issues as part of their pre-legislative scrutiny of the Plan of Action on Collective Redundancies following Insolvency Bill. The Committee did not make any recommendation in relation to changing the 30-day reference period currently in force.
As such, I have no plans currently to review the reference period of 30 consecutive days for collective redundancies.
