STATUTORY INSTRUMENTS

S.I. No. 197 of 2003

Protection of Employees (Employers' Insolvency) (Forms and Procedure) (Amendment) Regulations 2003

I, FRANK FAHEY, Minister of State at the Department of Enterprise, Trade and Employment in exercise of the powers conferred on me by sections 6 and 16 of No. 21 of 1984 ) and the Labour (Transfer of Departmental Administration and Ministerial Functions) Order, 1993 ( S.I. No. 18 of 1993 ) as adapted by the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 305 of 1997 ) and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) Order 2003 ( S.I. No. 156 of 2003 ), hereby make the following regulations:

1.       (1)       These Regulations may be cited as the Protection of Employees (Employers' Insolvency) (Forms and Procedure) (Amendment) Regulations 2003.

(2)       These Regulations shall come into operation on 25 May 2003.

2.       (1)       In these Regulations --

“Act” means No. 21 of 1984 );

“Principal Regulations” means the Protection of Employees (Employers' Insolvency) (Forms and Procedure) Regulations 1984 ( S.I. No. 356 of 1984 ).

(2)       In these Regulations, unless otherwise indicated --

(a)      a reference to any enactment shall be construed as a reference to that enactment as amended by any other enactment, and

(b)      a reference to a Regulation or Schedule is to a Regulation of, or Schedule to, these Regulations.

3.       The Principal Regulations are amended by --

(a)      substituting the following for Regulation 3:

“3.      The following forms are prescribed as the forms to be used as regards applications under section 6 of the Act:

(a)      in the case of an application for payment in respect of unpaid normal weekly remuneration, entitlements under a sick pay scheme, holiday pay or payment in respect of the period of minimum notice specified under section 4 of the Minimum Notice and Terms of Employment Act 1973 ( No. 4 of 1973 ), the form (EIP1) set out in Part 1 of the Schedule to these Regulations,

and

(b)      in the case of an application for payment in respect of any other case to which section 6 of the Act applies, the form (EIP4) set out in Part 2 of the Schedule to these Regulations.”,

and

(b)      substituting the matter in the Schedule for the matter in the Schedule to the Principal Regulations.

SCHEDULE

PART 1

Form EIP1

 Department of

Enterprise, Trade

 and Employment

EMPLOYEE'S APPLICATION FOR PAYMENT(S) OF WAGES, HOLIDAY PAY, MINIMUM NOTICE AND SICK PAY UNDER THE INSOLVENCY PAYMENTS SCHEME

An Roinn Fiontar, Trádála agus Fostaíochta

Department of Enterprise, Trade and Employment

Protection of Employees (Employers' Insolvency) Acts, 1984-2003

NOTE: PLEASE READ NOTES BELOW BEFORE COMPLETING THIS FORM

If you are owed wages, overtime, bonus or commission payments, give details in the spaces provided.

If wages claim includes “bounced” cheques, please attach cheques. In relation to overtime and commission, please see Note 6.

Deductions from Wages, e.g., Union Dues, VHI/BUPA, etc.

PART 2

Form EIP4

 Department of

Enterprise, Trade

 and Employment

EMPLOYEE'S APPLICATION FOR PAYMENT(S) UNDER THE INSOLVENCY PAYMENTS SCHEME OF ENTITLEMENTS UNDER THE EMPLOYMENT EQUALITY ACT, 1998 , UNFAIR DISMISSALS ACT, 1977, COURT AWARDS IN RESPECT OF UNFAIR OR WRONGFUL DISMISSAL, MATERNITY PROTECTION ACT, 1994, ADOPTIVE LEAVE ACT, 1995, PARENTAL LEAVE ACT, 1998, NATIONAL MINIMUM WAGE ACT, 2000 AND STATUTORY MINIMUM WAGES UNDER AN EMPLOYMENT REGULATION ORDER

An Roinn Fiontar, Trádála agus Fostaíochta

Department of Enterprise, Trade and Employment

Protection of Employees (Employers' Insolvency) Acts, 1984-2003

NOTE: PLEASE READ NOTES BELOW BEFORE COMPLETING THIS FORM

Note: Please attach copy of decision, mediated settlement, determination or award/order, as appropriate. Date refers to date of decision, settlement, etc.

Note: Please attach copy of recommendation, determination, award or order, as appropriate. Date refers to date of recommendation, determination, etc

Note: Please attach copy of recommendation, determination, or award/order, as appropriate. Date refers to date of recommendation, determination, etc.

Note: Please attach copy of decision, determination or award/order, as appropriate. Date refers to date of decision, determination, etc.

PART 3

Form EIP3

 Department of

Enterprise, Trade

 and Employment

Insolvency Payments Scheme

Protection of Employees (Employers' Insolvency) Acts, 1984-2003

APPLICATION BY A RELEVANT OFFICER FOR FUNDS IN RESPECT OF:

WAGES, HOLIDAY PAY, SICK PAY, MINIMUM NOTICE ENTITLEMENTS/ AWARDS, ENTITLEMENTS UNDER THE EMPLOYMENT EQUALITY ACT, 1998 , UNFAIR DISMISSALS ACT, 1977, COURT AWARDS IN RESPECT OF UNFAIR OR WRONGFUL DISMISSAL, MATERNITY PROTECTION ACT, 1994, ADOPTIVE LEAVE ACT, 1995, PARENTAL LEAVE ACT, 1998, NATIONAL MINIMUM WAGE ACT, 2000 AND STATUTORY MINIMUM WAGES UNDER AN EMPLOYMENT REGULATION ORDER.

NOTE: PLEASE READ NOTES BELOW BEFORE COMPLETING THIS FORM

RELEVANT OFFICER CERTIFICATE

Please attach a schedule of employee entitlements. Annex EIP3(a) attached shows the format required. Please ensure that your schedule is clearly headed by the company name and PAYE No.

Declaration

To: Minister for Enterprise, Trade and Employment

In connection with the provisions of the Protection of Employees (Employers' Insolvency) Acts, 1984-2003, I have accepted and certify, based on the best information available to me, the entitlement of the employees as shown on the attached schedule. I have made no other application in respect of these entitlements. I understand that it may be necessary for you to refer information on the entitlements to the Revenue Commissioners and/or to other Government Departments. I hereby give my consent to the disclosure of such information as is in my possession. I also agree to make available to you such records as may be required for examination. I undertake to distribute the appropriate amounts to the employees concerned from the funds received pursuant to this application. Copies of employee claims are on the relevant forms are attached.

I declare that the company is insolvent and that there are no funds available from which the entitlements claimed on the attached schedule can be paid.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of these Regulations is to prescribe revised forms and certificates to be used in connection with the submission of claims under Section 6 of the Protection of Employees (Employers' Insolvency) Acts, 1984 to 2003.

Published by the Stationery Office