lrc_1973_act_4

(LRC Revised)

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LRC Revised Act

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACT 1973 REVISED Updated to 14 October 2020 (LRC Revised) Open official source

Number 4of 1973

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACT 1973

REVISED

Updated to 14 October 2020

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Minimum Notice and Terms of Employment Act 1973

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Regulated Professions (Health

and Social Care) (Amendment) Act 2020

(16/2020), enacted 14 October 2020, and all

statutory instruments up to and including the

Employment Affairs and Employment Law

(Transfer of Departmental Administration and Ministerial Functions) Order 2020

(S.I. No. 438 of 2020), made 13 October 2020, were considered in the preparation of

this

Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

revisedacts@lawreform.ie.

Number

1973

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACT 1973

REVISED

Updated to 14 October

2020

ARRANGEMENT OF SECTIONS

Section

Interpretation.

1A.

Application of Act to civil servants.

Commencement.

Non-application of Act.

Minimum period of notice.

Rights of employee during period of notice.

Right of employer to notice.

Right to waive notice.

Right to terminate contract of employment without notice.

Written statement of terms of employment.

10.

Failure of employer to furnish statement.

11.

Reference of disputes to Tribunal.

12.

[Decision of adjudication officer under section 41 of Workplace Relations Act 2015.]

12A.

Decision of Labour Court on appeal from decision referred to in section 12.

13.

Provisions relating to winding up and bankruptcy.

14.

Regulations.

15.

Laying of Regulations and certain draft orders before Houses of Oireachtas.

16.

Expenses of Minister.

17.

Short title.

FIRST SCHEDULE

Computation of Continuous Service

SECOND SCHEDULE

Rights of Employee During Period of Notice

Acts Referred to

Redundancy Payments Act, 1967

1967, No. 21

Civil Service Commissioners Act, 1956

1956, No. 45

Merchant Shipping Act, 1894

1894, c. 60

Companies Act, 1963

1963, No. 33

Preferential Payments in Bankruptcy (Ireland) Act, 1889

1889, c. 60

Number

1973

MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACT 1973

REVISED

Updated to 14 October

2020

AN ACT TO REQUIRE A MINIMUM PERIOD OF NOTICE TO TERMINATE THE EMPLOYMENT OF THOSE

WHO HAVE BEEN EMPLOYED FOR A QUALIFYING PERIOD, TO PROVIDE FOR MATTERS CONNECTED WITH

THE GIVING OF NOTICE, AND TO REQUIRE EMPLOYERS TO GIVE WRITTEN PARTICULARS OF THE

TERMS OF EMPLOYMENT, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID.

th May

, 1973]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

Functions under

collectively cited

Minimum Notice and Terms of Employment Acts

transferred

and references construed (14.10.2020) by

Employment Affairs and Employment Law

(Transfer of Departmental Administration and Ministerial Functions) Order

2020

(S.I. No. 438 of 2020), arts. 2, 3(1)(a), (2) and sch., in effect as

per art. 1(2), subject to transitional provisions in arts. 4-8.

2. (1) The administration

and business in connection with the exercise, performance or execution of any

functions transferred by Article 3 are transferred to the Department of Business,

Enterprise and Innovation.

(2) References to the

Department of Employment Affairs and Social Protection contained in any Act or any

instrument made under such Act and relating to any administration and business

transferred by paragraph (1) shall, on and after the commencement of this Order,

be construed as references to the Department of Business, Enterprise and

Innovation.

3. (1) The functions vested

in the Minister for Employment Affairs and Social Protection -

(a) by or under the Acts

specified in Part 1 of the Schedule and the provisions of the Acts specified in

Part 2 of the Schedule, and

...

are transferred to the

Minister for Business, Enterprise and Innovation.

...

(2) References to the

Minister for Employment Affairs and Social Protection contained in any Act or

instrument made under such Act and relating to any functions transferred by this

Article shall, on and after the commencement of this Order, be construed as

references to the Minister for Business, Enterprise and Innovation.

SCHEDULE 1

PART 1

ACTS OF THE OIREACHTAS

Minimum Notice and Terms of

Employment Acts 1973 to 2005

...

Date of expected day of return deemed to be date of termination of contract under

certain circumstances for purposes of Act (1.08.2016) by

Paternity Leave and Benefit Act 2016

(11/2016), s. 26(3), S.I. No. 435 of 2016.

Provisions applying where employee not permitted to return to work

26.

(1) This section

applies to an employee who, having duly complied with section 24 , is entitled

under this Part to return to work but is not permitted to do so by the relevant

employer, within the meaning of section 27 (3), and, in this section, in relation

to such an employee, “the expected date of return” means the date

notified under section 24 as the date on which the employee expected to return to

work.

...

(3) For the purposes of the Minimum Notice and Terms of Employment Act 1973 , the

contract of employment of an employee to whom this section applies who is also an

employee to whom that Act applies shall be deemed to have been terminated on the expected

date of return.

...

Functions transferred and specified bodies dissolved (1.01.2005) by

Health Act 2004

(42/2004), ss. 58, 59 and sch. 3 item 54, S.I. No. 885

of 2004.

Dissolution of health boards and other specified bodies.

58.

—The specified bodies are, by this Act, dissolved on the establishment day.

Transfer of functions of specified bodies to Executive.

59.

—(1) The functions that, immediately before the establishment day, were the functions

of a specified body under or in connection with the enactments referred to in Schedule

3 are, by this Act, transferred to the Executive on that day.

(2) If a provision of an enactment referred to in Schedule 3, or a provision of an

instrument made under such enactment, does not come into effect until on or after

the establishment day, a function that on the passing of that enactment or the making

of that instrument was assigned under or in connection with that provision to a specified

body is, by this Act, transferred to the Executive on the commencement of that provision.

(3) The functions transferred by this Act to the Executive include the functions specified

in any enactment referred to in Schedule 3 as a function of the following

(a) the chief executive officer

of a health board;

(b) the Regional Chief Executive

of the Eastern Regional Health Authority;

an Area Health Board.

...

SCHEDULE THREE

Transfer of Functions and References to Functional Areas

Section 59 and 67.

...

54.

Minimum Notice and Terms of Employment Acts 1973 to 2001

...

Application of Act interpreted (30.01.1995) by

Maternity Protection

Act 1994

(34/1994), s. 40(3), S.I. No. 16 of 1995.

Provisions applying where employee not permitted to return to work.

40.—

...

(3) For the purposes of the Minimum Notice and Terms of Employment Act, 1973, the

contract of employment of an employee to whom this section applies who is also an

employee to whom that Act applies shall be deemed to have been terminated on the expected

date of return.

...

Editorial Notes

Collectively cited

Minimum Notice and Terms of Employment Acts 1973 to 2005

included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by

Workplace Relations Act 2015

(16/2015), s. 2 and sch. 1 part 1 item 12, S.I. No. 338 of 2015, with the following

effects

• Authorised officers or inspectors under employment enactments deemed to be appointed

under

Workplace Relations Act 2015

(16/2015), s. 26(2) and subject to termination under s. 26(4).

• Powers of inspectors for purposes of relevant enactments defined in

Workplace Relations Act 2015

(16/2015), s. 27.

• Workplace Relations Commission, an inspector or an adjudication officer authorised

to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by

Workplace Relations Act 2015

(16/2015) s. 31(5).

• Power of Workplace Relations Commission and official body to disclose information

to each other concerning the commission of offence under relevant enactment provided

Workplace Relations Act 2015

(16/2015), s. 32.

• Power of Workplace Relations Commission and contracting authority to disclose information

to each other concerning the commission of offence under employment enactment/ relevant

enactment provided by

Workplace Relations Act 2015

(16/2015), s. 33.

• Powers of Minister to prosecute under relevant enactments transferred to Workplace

Relations Commission and references construed by

Workplace Relations Act 2015

(16/2015), s. 37.

• Functions of EAT to hear claims under employment enactments transferred to Workplace

Relations Commission and references to EAT construed by

Workplace Relations Act 2015

(16/2015) s. 66(1), (2).

Previous affecting provision: functions under collectively cited

Minimum Notice and Terms of Employment Acts 1973 to 2005

transferred and

Minister for and Department of Jobs, Enterprise and Innovation construed

(1.09.2017) by

Labour Affairs and Labour Law (Transfer of Departmental

Administration and Ministerial Functions) Order 2017

(S.I. No. 361 of

2017), arts. 2, 3, 6-8, in effect as per art. 1(2), subject to transitional

provisions in arts. 4, 5; superseded as per C-note above.

Previous affecting provision: name of the Department of and Minister for

Enterprise, Trade and Innovation changed to Department of and Minister for Jobs,

Enterprise and Innovation (2.06.2011) by

Enterprise, Trade and Innovation

(Alteration of Name of Department and Title of Minister) Order 2011

(S.I.

No. 245 of 2011); superseded as per E-note above.

Previous affecting provision: name of the Department of and Minister for

Enterprise, Trade and Employment changed to Department of and Minister for

Enterprise, Trade and Innovation (2.05.2010) by

Enterprise, Trade and

Employment (Alteration of Name of Department and Title of Minister) Order

2010

(S.I. No. 185 of 2010); superseded as per E-note above.

Previous affecting provision: name of the Department of and Minister

for Enterprise and Employment changed to Department of and Minister for

Enterprise, Trade and Employment (12.07.1997) by

Enterprise and Employment

(Alteration of Name of Department and Title of Minister) Order 1997

(S.I.

No. 305 of 1997); superseded as per E-note above.

Previous affecting provision: application of Act to dismissal of certain apprentices

confirmed (1.08.1995) by

Labour Services Act 1987 Apprenticeship Rules 1995

(S.I. No. 198 of 1995), rule 7(1); revoked (1.05.1997) by

Labour Services Act 1987 Apprenticeship Rules 1997

(S.I. No. 168 of 1997), rule 1(3).

Previous affecting provision: application of Act to dismissal of certain apprentices

confirmed (1.09.1994) by

Labour Services Act 1987 Apprenticeship Rules 1994

(S.I. No. 228 of 1994), rule 7(1); revoked (1.08.1995) by

Labour Services Act 1987 Apprenticeship Rules 1995

(S.I. No. 198 of 1995), rule 1(3).

Previous affecting provision: application of Act to dismissal of certain apprentices

confirmed (1.09.1993) by

Labour Services Act 1987 Apprenticeship Rules 1993

(S.I. No. 236 of 1993), rule 7(1); revoked (1.09.1994) by

Labour Services Act 1987 Apprenticeship Rules 1994

(S.I. No. 228 of 1994), rule 1(3) .

Previous affecting provision: name of the Department of and Minister

for Industry and Commerce changed to Department of and Minister for Enterprise and

Employment (20.01.1993) by

Industry and Commerce (Alteration of Name of

Department and Title of Minister) Order 1993

(S.I. No. 19 of 1993);

superseded as per E-note above.

E10

Previous affecting provision: functions transferred to Department of

and Minister for Industry and Commerce and Department of and Minister for Labour

construed (20.01.1993) by

Labour (Transfer of Departmental Administration and

Ministerial Functions) Order 1993

(S.I. No. 18 of 1993), arts. 3, 4, and

sch. part 1, subject to transitional provisions in arts. 5-9; superseded as per

E-note above.