16th October 2024
Minister seeks expressions of interest and nominees from representative bodies
The Minister for Enterprise, Trade and Employment is seeking nominees as representatives of expert, technical, legal, government and regulatory bodies. Also sought are expressions of interest from suitably qualified candidates for appointment to one of the six Ministerial nominations to the Employment Law Review Group (ELRG).
Ministerial nominees to the ELRG will be appointed by the Minister arising from a call for expressions of interest which is open to all interested parties. It is proposed to have a maximum of six such nominees on the ELRG. The deadline for receipt of expressions of interest is 3pm, 8 November 2024.
Members of the ELRG will give their services voluntarily. All members will be appointed for a four-year term and can be re-appointed for up to two terms. The Chairperson can serve up to ten years in total.
The Programme for Government contains a commitment to “review whether the legal provisions surrounding collective redundancies and the liquidation of companies effectively protect the rights of workers”. Following discussions with the Social Partners, the 'Plan for Action on Collective Redundancies following Insolvency' was published on 9 June 2021. This set out several commitments to further safeguard the rights of workers including the setting up on a statutory basis of an Employment Law Review Group.
The ELRG has been established on a statutory basis by the enactment of the Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024, which was commenced on 1 July 2024.
The ELRG’s function will be to monitor, review, and advise on all aspects of employment and redundancy law, with a specific focus on promoting good workplace relations in the State, simplifying the operation of employment and redundancy law in the State, and ensuring that the State’s suite of employment rights and redundancy legislation remains relevant and fit for purpose and is updated to reflect international developments.
The ELRG will comprise of members who have expertise and an interest in the development of employment and redundancy law, including practitioners (the legal profession and accountants/liquidators), users (business and unions), regulators (implementation and enforcement bodies) and representatives from government departments.
The ELRG’s focus will be more expert, technical, and legal rather than representative of stakeholders’ interests. Members will engage with the work programme of the ELRG and contribute to ELRG reports.
The Minister for Enterprise, Trade and Employment, Peter Burke TD said:
“The ELRG will provide a valuable resource in conducting ongoing assessments of employment law to ensure our legal framework is fit for purpose. Emerging trends will be examined to ensure that our employment legislation adapts to changes in the evolving contemporary workplace.”
Membership of the ELRG will consist of representatives of the bodies and agencies listed in Appendix 1 below.
Welcoming the call for nominees and expressions of interest, Minister of State for Business, Employment and Retail, Emer Higgins TD said:
“The ELRG will be comprised of members with an interest and expertise in the development of employment and redundancy law. This will include members from the legal, accountancy and insolvency professions; representatives from business, unions and regulators; as well as Ministerial nominees.”
The legislative enactments that will be kept under review by the ELRG are listed in Appendix 2 below.
See: Call for Expressions of Interest – Appointment as Ministerial Nominees to the Employment Law Review Group
APPENDIX 1
Nominating Body
- Chairperson – a member of ELRG who is appointed by Minister to be Chairperson
- The Irish Business and Employers Confederation (IBEC)
- The Irish Small and Medium Enterprises Association (ISME)
- Irish Congress of Trade Unions (ICTU)
- The Law Society of Ireland
- The Employment Bar Association
- Restructuring and Insolvency Ireland
- Department of Enterprise Trade and Employment
- Department of Social Protection
- Department of Children, Equality, Disability, Integration and Youth
- Workplace Relations Commission
- Labour Court
- The Courts Service
- Office of the Attorney General
- Chief State Solicitor’s Office
- Ministerial Nominees
APPENDIX 2
List of relevant employment and redundancy enactments
- Redundancy Payments Acts 1967–2014
- Protection of Employment Act 1977
- Payment of Wages Act 1991
- Unfair Dismissals Acts 1977–2015
- Organisation of Working Time Act 1997
- European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003
- Minimum Notice and Terms of Employment Acts 1973–2005
- National Minimum Wage Act 2000
- European Communities (Protection of Employment) Regulations 2000
- Protection of Young Persons (Employment) Act 1996
- Terms of Employment (Information) Acts 1994–2014
- Protection of Employees (Part-Time Work) Act 2001
- European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003
- Protection of Employees (Fixed Term Work) Act 2003
- Employees (Provision of Information and Consultation) Act 2006 (Section 21)
- Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (other than section 9(1) and 9(2))
- Protection of Employment (Temporary Agency Work) Act 2012
- Employment (Miscellaneous Provisions) Act 2018
- Industrial Relations (Amendment) Act 2015
- Workplace Relations Act 2015
- European Union (Posting of Workers) Regulations 2016
- Registered Employment Agreements (REAs) and Sectoral Employment Orders (SEOs)
- Sick Pay Act 2022
- Payment of Wages (Amendment) (Tips and Gratuities) Act 2022
- Part 3 of the Work Life Balance and Miscellaneous Provisions Act 2023
- Part 2 of Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024
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