Myles & Co. Solicitors - Part Time Employment Law, Hours,Contract,Holidays.

Employment rights of part-time workers
Information
The Protection of Employees (Part-Time Work) Act, 2001, came into operation in Ireland on 20th December 2001. This Act aims:
To ensure that a part-time employee in Ireland cannot be treated less favourably than a comparable full-time employee regarding conditions of employment To ensure that all employee protection legislation applies to a part-time employee in the same manner as it already applies to a full-time employee. Any qualifying conditions (with the exception of any hours thresholds) that apply to a full-time employee in any of that legislation also apply to a part-time employee To enhance the quality of part-time work To facilitate the development of part-time work on a voluntary basis and to contribute to the flexible organisation of working time in a way that takes account of the needs of employers and workers.
The Act abolishes the requirement that a part-time worker should be in the continuous hourly employment of the employer for not less than 13 weeks and should normally be expected to work not less than 8 hours per week. However, the calculation of continuous service for the purposes of entitlement under, for example, the Unfair Dismissals and Redundancy Acts still applies. In effect, a part-time employee will still be required to have 12 months continuous service with his/her employer from the start of the employee's employment.
Rules
Circumstances in which a part-time worker can be compared to a full-time worker
A part-time worker can be compared to a full-time worker when:
The part-time worker performs the same work as the full-time worker under the same or similar conditions. (Or both workers are interchangeable with the other in relation to the work). The work performed by one of the employees is of the same or a similar nature to that performed by the other worker. In addition, any differences between the work performed or the conditions under which it is performed by each worker are either of little importance in relation to the work as a whole, or occur so irregularly as not to be insignificant
And
The work performed by the part-time employee is equal or greater in value to the work performed by the other employee concerned.
A part-time agency worker can only compare himself or herself to a comparable full-time employee who is also an agency worker. Likewise, a part-time employee, who is not an agency worker, cannot compare themselves to a full-time agency worker.
Part-time workers and overtime
Part-time workers are entitled to overtime if the full time employee to which they compare themselves is paid overtime after working his/her maximum hours per week.
In order to claim overtime however, your employer can determine that part-time employees must work the same number of hours as a full-time employee before you can claim overtime. (In other words, if full time employees must work a 39 hour week before overtime rate of pay is paid, then your employer can state that part-time employees must work the same number of hours). In this case, if you work 20 hours per week, any hours worked between 20 and 39 hours must be paid at the normal rate.
It's useful to bear in mind also, that employers in Ireland are not required by law to pay employees higher rates (i.e., 'double time') for work completed in overtime. You must however, receive at the very least, your normal hourly rate of pay for overtime.
Holiday entitlements of part-time workers
Under the Organisation of Working Time Act, 1997, a part-time worker's annual leave entitlement is 8% of the hours worked in a leave year, subject to a maximum of 4 working weeks annual leave. Read more about annual leave and public holidays in Ireland here.
Circumstances in which a part-time worker can be treated less favourably than a full-time worker
A part-time employee can be treated less favourably than a comparable full-time employee where such treatment can be justified in two circumstances:
Where the part-time worker's less favourable treatment can be justified on "objective grounds" Pensions
What constitutes "objective grounds" for less favourable treatment?
"Objective grounds" for treating a part-time worker less favourably than a comparable full-time employee are based on considerations other than the status of the employee as a part-time worker. These grounds occur where the less favourable treatment is necessary for the purpose of achieving a legitimate objective of the employer.
However, what may be not considered as objective grounds in relation to less favourable treatment of a part-time employee may be considered objective grounds in relation to a casual part-time employee.
Pensions
A part-time employee who normally works less than 20 per cent of the normal hours of the comparable full-time employee can be treated in a less favourable manner with regard to a pension scheme or arrangement. However, this provision does not prevent an employer and a part-time employee from entering into an agreement whereby the part-time employee receives the same pension benefits as a comparable full-time employee.
Is an employer obliged to provide access to part-time work to his or her employees?
An employer is not obliged to provide access to part-time work to his or her employees.
Penalisation of part-time employees by employers
An employer is prohibited from penalising a part-time employee on the grounds that:
The employee exercised or proposes to exercise his/her right not to be treated in a less favourable manner than a comparable full-time employee in relation to conditions of employment The employee,in good faith, opposed by lawful means an act that is unlawful under the Protection of Employees (Part-Time Work) Act The employee refused to accede to a request by the employer to transfer from performing full-time work to performing part-time work or vice versa
Or
The employee gave evidence in any proceedings under the Protection of Employees (Part-Time Work) Act or gave notice of his or her intention to do so or to do any other thing referred to in the bulleted points mentioned above.
The following actions are considered to be penalisations of the employee:
The dismissal of the employee An unfavourable change in the conditions of employment of the employee Unfair treatment of the employee, including selection for redundancy Any other action that is prejudicial to the part-time worker's employment.
Employers will not be considered to have penalised a part-time employee in certain circumstances. For example, in relation to a request by the employer that the employee transfers from full-time work to part-time work (or vice versa) when the following conditions are met:
The employer must have substantial grounds both to justify the making of the request and for taking any action after the employee's refusal to transfer from full-time work to part-time work or vice versa The taking of the action is in accordance with the employee's contract of employment and the provisions of employment rights legislation.
Protections against penalisation
If an employee has less than one year's service and is dismissed within the meaning of the Unfair Dismissals Act, 1973 to 1993, he or she may refer a case to a Rights Commissioner under this Act.
If an employee has more than one year's service and is dismissed within the meaning of the Unfair Dismissals Act, he or she may refer a complaint to a Rights Commissioner under the Act or under the Unfair Dismissals Acts, 1973 to 1993. However, relief may not be granted to the employee in respect of the penalisation under both the Protection of Employees (Part-Time Work) Act, 2001 and Unfair Dismissals Acts, 1973 to 1993.
Employees can refer disputes in relation to entitlement under the Act to a Rights Commissioner of the Labour Relations Commission for adjudication. A decision of the Rights Commissioner can be appealed to the Labour Court for a legally binding determination.
Referring complaints
An employee (or any trade union that the employee belongs to, with the consent of the employee) can present a complaint to a Rights Commissioner. This happens where it appears that the employer has failed to provide an entitlement to which the employee is due under the Protection of Employees (Part-Time Work) Act, 2001. A written notice of complaint must be presented within 6 months of the date of the alleged breach of the Act. The time limit for submitting a complaint may be extended by a further 12 months if the Rights Commissioner is satisfied that the failure to present the complaint within the normal 6-month period was due to reasonable cause. Under the Act, the Rights Commissioner, on receiving a complaint, will send a copy of the notice of complaint to the employer. The Rights Commissioner will then give the parties an opportunity to be heard by them and to present any evidence relevant to the complaint. After hearing the parties, the Rights Commissioner will issue a written decision on the complaint. Proceedings before a Rights Commissioner are confidential and are held in private.
The provisions of the Protection of Employees (Part-Time Work) Act, 2001 regarding the resolution of access to Rights Commissioner or the Labour Court do not apply to members of the Defence Forces.
What can a Rights Commissioner do?
A Rights Commissioner can do one or more of the following:
Decide whether the complaint was well founded Require the employer to pay the employee compensation not exceeding 2 years' remuneration.
In a case where the ownership of a business changes after the breach of the Protection of Employees (Part-Time Work) Act, 2001 that the complaint relates to, the new employer will be considered as the employer with reference to the above decision.
Appealing against a Rights Commissioner's decision
It is possible for an employee or employer to appeal a Rights Commissioner's recommendation to the Labour Court within 6 weeks from the date it was communicated to the parties. The Labour Court will copy the notice of appeal to the other party in the case and hear the parties according to its own procedures.
A complaint by an employee that a Rights Commissioner's decision has not been implemented can be made by the employee concerned to the Labour Court 6 weeks after but within 12 weeks of the date on which the decision was communicated to the employee. The Protection of Employees (Part-Time Work) Act, 2001 precludes the Labour Court from hearing the employer concerned or other evidence in this case.
An employee or employer who is a party to proceedings before the Labour Court can appeal to the High Court on a point of law from a determination of the Labour Court. The determination of the High Court is final and conclusive.
The Minister for Enterprise, Trade and Employment, at the request of the Labour Court, can refer a question of law arising in proceedings before the Labour Court to the High Court.
Enforcement of the Labour Court's determinations
Following the hearing of the appeal, the Labour Court will issue a determination. If the Court's determination is not implemented within 6 weeks from the date it is communicated to the parties, the Circuit Court will make an Order directing the employer to carry out the determination in accordance with its terms. Before the Circuit Court can do this, an application must be made by the employee concerned, by the trade union representing the employee if they have given their consent or by the Minister for Enterprise, Trade and Employment.
(http://www.oasis.gov.ie/).

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