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Covid-19 Pandemic Supports

Dáil Éireann Debate, Wednesday - 9 September 2020

Wednesday, 9 September 2020

Ceisteanna (195)

Steven Matthews

Ceist:

195. Deputy Steven Matthews asked the Minister for Social Protection the legal framework for persons that were made redundant during the Covid-19 pandemic and have to date been unable to access redundancy payments from their employers due to amendments in legislation on 13 March 2020 but can provide evidence that the layoff is not a temporary move due to Covid-19 and in fact a permanent one. [22875/20]

Amharc ar fhreagra

Freagraí scríofa

Firstly, I would like to say that my thoughts are with all workers who have been temporarily laid off or who are faced with job losses at this difficult time. I want to assure the Deputy that the purpose of the emergency measure, which relates to redundancy entitlements following temporary periods of lay-off and short-time work due to Covid-19, is to ensure that employees have a continued link to their job, have a pathway to return to their employment and also to mitigate the serious risks to businesses and jobs.

The existing provisions of Section 12 of the Redundancy Payments Act 1967 (as amended) were not considered adequate to deal with the current Covid-19 emergency situation. As a result of Covid-19, there have been immediate and unprecedented volumes of temporary lay-offs and short-time work. Under the existing timelines set out in Section 12 of the Act this could have resulted in a large number of redundancies over a very short period of time. Employers are obliged to pay redundancy entitlements to employees who have been temporarily laid off after the periods of time currently provided for in Section 12. This would have serious unintended and detrimental financial impacts on businesses and employees and would have an adverse impact on the potential for a business to recover which could result in insolvency situations. This would only exacerbate the risk of further permanent job losses.

For these reasons emergency legislation was enacted which temporarily suspended the provisions of section 12 for the emergency period. The suspension was considered vital to ensure the future viability of businesses which in turn will help prevent further permanent job losses. In light of the on-going emergency situation the end date of the emergency measure was extended to 17th September so that businesses can continue to recover and plan their future staffing requirements.

It is important to note that an employee’s right to claim redundancy after a temporary period of lay-off or short-time has not been removed; rather, it has been deferred for a temporary period in this unprecedented emergency situation.

All other provisions of the Redundancy Payments Act 1967 remain unchanged. In situations where an employer has not placed an employee on temporary lay-off but has in fact permanently let them go, the employer is obliged to comply with existing provisions of the Act such as notice of redundancy and the payment of a statutory lump sum payment to eligible employees.

In the event of a dispute, the employee can seek a determination from the Workplace Relations Commission. The Workplace Relations Commission is the organisation mandated to secure compliance with employment rights legislation and it remains fully operational. If employees have concerns or complaints regarding their employment rights they should contact the WRC directly on their telephone helpline at 1890 808090. Further information is also available at www.workplacerelations.ie.

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