Collective Redundancies (Protection of Employment)

L.N. 442 of 2004

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

Collective Redundancies (Protection of Employment)

(Amendment) Regulations, 2004

IN exercise of the powers conferred by article 37 of the

Employment and Industrial Relations Act, the Minister of Education,

Youth and Employment has made the following regulations –

The title of these regulations is the Collective Redundancies Title.

(Protection of Employment) (Amendment) Regulations, 2004 and they

shall be read and construed as one with the Collective Redundancies

(Protection of Employment) Regulations, 2002, hereinafter referred to L.N. 428 of 2002.

as “the principal regulations”.

(1) In regulation 1 of the principal regulations, for the Amends regulation

1 of the principal

marginal note “Title.” there shall be substituted the words “Title and regulations.

scope.”, the present provision shall be renumbered as sub-regulation

(1) thereof, and immediately after sub-regulation (1) as renumbered

there shall be added the following new sub-regulation>

“(2) The scope of these regulations is to give effect to the

relevant provisions of EU Council Directive 98#59#EC”.

In sub-regulation (1) of regulation 2 of the principal Amends regulation

2 of the principal

regulations>-

regulations.

(a) in the definition of “collective redundancy”, for

paragraph (c) there shall be substituted the following>

“(c) 30 employees or more in establishments

employing 300 employees or more>”< and

(b) immediately after the definition “collective redundancy”,

there shall be inserted the following new definition>

“ “contract of service for a fixed term” has the same

meaning assigned to it by virtue of the Contract of Service

L.N. 429 of 2002.

for a Fixed Term Regulations, 2002.”.

In regulation 3 of the principal regulations, for paragraph

(b) there shall be substituted the following>

“(b) persons employed on ships falling under the provisions

of the Merchant Shipping Act.”.

In regulation 5 of the principal regulations, for the words “or

for mitigating the consequences thereof” there shall be substituted the

words “and for mitigating the consequences thereof”.

After subregulation (2) of regulation 9 of the principal

regulations, there shall be inserted the following new sub-regulation

(3)>

“(3) Subject to subregulations (1) and (2) hereof, the notice

of termination of employment may begin to run from the date when

the consultations referred to in regulation 5 commence”.

In the English text of regulation 11 of the principal

regulations, after the word “fine” there shall be inserted the word

“(multa)”.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press