The RP9 form is merely a form of notice between the employer and employee where the issue of temporary lay off occurs. It is not a form that is submitted to the Department for any statutory purpose. There is no obligation on the employer or employee to use the RP9 form for this purpose and Notice may be given orally without the use of the RP9.
In general, a layoff situation exists when an employer suspends an employee's employment because there is no work available, when the employer expects the cessation of work to be temporary and when the employer notifies the employee to this effect. While layoff situations are commonly experienced in the construction sector, there is no legislative exclusion in relation to the use of periods of layoff for other sectors.
An employee who has been laid off or kept on short time or a mixture of both either for four consecutive weeks or for a broken series of six weeks where all six weeks occur within a 13 week period, may, if he so wishes, claim a redundancy payment. The Redundancy Payment claim would be conditional on the employer not issuing a counter claim by offering 13 weeks continual employment, starting within four weeks of the date of receipt of the employees’ claim for redundancy.
If the employee chooses not to accept the offer of continual employment, he/she is deemed to have voluntarily left the employment and the question of minimum notice payments does not arise. Depending on the circumstances of the case, he/she may qualify for a redundancy payment, which would be a matter, in the first instance for the employer but could, if necessary, be submitted to the Employment Appeals Tribunal for adjudication. The employee does not have to claim statutory redundancy as soon as he has been laid off or kept on short time but could submit this at a later time if he so chooses.