Part-Time Employees (Amendment) Regulations, 2010

L.N. 117 of 2010

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

Part-Time Employees (Amendment) Regulations, 2010

IN exercise of the powers conferred by articles 25 and 48 of

the Employment and Industrial Relations Act, the Prime Minister

made the following regulations:–

(1) The title of these regulations is the Part-Time

Employees (Amendment) Regulations, 2010 and they shall be read

and construed as one with the Part-Time Employees Regulations,

2002, hereinafter referred to as “the principal regulations”.

(2) These regulations shall apply to all part-time

employees who are engaged as such as from the date of the

coming into force of these regulations, or after.

(3) In the case of part-time employees whose part-time

employment is one in respect of which social security contributions

are not payable in terms of the Social Security Act, who have been

engaged as such prior to the date of coming into force of these

regulations and who are still in their part-time employment on the

date of the coming into force of these regulations, regulations 2 and

4 shall commence to apply in their regard upon the expiry of six

months from the date of the coming into force of these regulations.

In regulation 3 of the principal regulations, the definition

“principal employment” shall be deleted.

In regulation 4 of the principal regulations

(a) In sub-regulation (1) thereof, for the words

“Without prejudice to what is stated in regulation 6, it” there

shall be substituted the word “It”; and

(b) for sub-regulation (2) thereof, there shall be

substituted the following

“(2) Part-time employees shall be paid the

same hourly rate applicable to comparable whole-time

employees

Provided that a part-time employee who in a

particular week works hours not exceeding the normal

weekly hours of a comparable whole-time employee,

and is paid at the normal hourly rate for such hours,

shall not be considered as being treated less favourably

than a comparable whole-time employee solely because

the comparable whole-time employee is paid at a higher

rate for those hours worked in excess of normal weekly

hours, so however that

(a) if the part-time employee’s weekly

hours of work exceed the normal weekly hours

of a comparable whole-time employee, any such

hours exceeding the normal weekly hours of a

comparable whole-time employee, shall be paid

at the same rate as that applicable to comparable

whole-time employees;

(b) any hours worked on Sundays and

public holidays, whether in respect of normal hours

of work or for hours in excess of normal hours of

work of comparable whole time employees, shall

be paid at the same hourly rates applicable to

comparable whole-time employees.”.

In sub-regulation (1) of regulation 6 of the principal

regulations, for the words “Those part-time employees, whose part-

time employment is their principal employment shall be entitled

pro rata to –” there shall be substituted the words

“All part-time employees shall be entitled pro rata inter

alia to –”.

€0.19