European Communities (Safeguarding of Employees’ Rights on Transfer of Undertakings) (Amendment) Regulations, 2000

• Jurisdiction: Ireland
• Citation: IR SI 487/2000
• Year: 2000

I, MARY HARNEY, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), for the purpose of giving further effect to Council Directive No. 77/187/EEC of 14 February, 19771 , make the following Regulations:

1. These Regulations may be cited as the European Communities (Safeguarding of Employees' Rights on Transfer of Undertakings) (Amendment) Regulations, 2000.

2. In these Regulations—

“Act of 1994” means Terms of Employment (Information) Act, 1994 (No. 5 of 1994);

“Principal Regulations” means European Communities (Safeguarding of Employees' Rights on Transfer of Undertakings) Regulations, 1980 ( S.I. No. 306 of 1980 ).

3. The Principal Regulations and these Regulations may be cited together as the European Communities (Safeguarding of Employees' Rights on Transfer of Undertakings) Regulations, 1980 and 2000, and shall be construed together as one.

4. Regulation 2(1) of the Principal Regulations is amended by the substitution of the following for all words after the definition of “the Council Directive”:

“‘excepted body’ has the meaning assigned to it by section 6 (3) of the Trade Union Act, 1941 (No. 22 of 1941), as amended;

‘Minister’ means Minister for Enterprise, Trade and Employment;

‘representatives’, in relation to employees employed in an undertaking, business or part of a business who are affected, or likely to be affected, by the transfer of that undertaking, business or part of a business means—

(a) a trade union, staff association or excepted body with which it has been the practice of the employees' employer to conduct collective bargaining negotiations; or

(b) in the absence of such a trade union, staff association or excepted body, a person or persons chosen (under an arrangement put in place by the employer) by such employees from among their number to represent them in negotiations with the employer.”

5. (1) An employee, or a trade union, staff association or excepted body on behalf of an employee, may present a complaint to a rights commissioner that an employer has contravened Regulation 7 of the Principal Regulations as amended by these Regulations, and if he, she or it does so, the rights commissioner shall—

(a) give the parties an opportunity to be heard by the rights commissioner and to present to the rights commissioner any evidence relevant to the complaint,

(b) give a decision in writing in relation...