Dáil Éireann Debate, Wednesday - 23 September 2020
145. Deputy Louise O'Reilly asked the Minister for Social Protection if the extension of the restriction on redundancy rights precludes a laid-off worker who cannot afford to wait to be rehired and takes another job, and loses their entitlement to redundancy lump sum payments from the original employer; and if they will qualify for that redundancy payment at a future date when the restrictions are lifted. [25786/20]
Amharc ar fhreagraFirstly I would like to say that the decision to extend the emergency measure relating to temporary lay-off or short-time work which arose as a result of Covid-19 has been a difficult one. I know many employees who have been laid off are experiencing great uncertainty but in making this decision the Government had to consider the need to ensure businesses survive, which in turn ensures further permanent job losses are avoided as much as possible.
While an employee may be temporarily laid off from their usual employment, there is no statutory provision in employment legislation which prohibits them from seeking alternative employment. If an employee chooses to take up other employment during that temporary lay-off and they remain available to resume their employment with their usual employer, they have an entitlement to claim redundancy from that employer when this emergency measure ends.
When the emergency measure ceases to have effect and the employee has not been taken back to work by their usual employer, they are entitled to claim redundancy from that employer. Under existing provisions the employer can then either agree to the redundancy payment if they still have no work available to offer the employee, or the employer may within seven days of the employee’s claim for redundancy, give a counter notice by offering the employee not less than 13 weeks unbroken employment (with no lay-off or short-time) starting within four weeks of the employee serving notice.
If the employer does not fulfil the counter notice above and the lay-off or short-time persists the employee retains the right to claim redundancy from their employer.
In situations where an employer offers to take the employee back to work from temporary lay-off to their job and the employee chooses not to return to that employment a redundancy situation does not arise and the employee does not have an entitlement to claim redundancy.
