redundancy

doylerevo

Can i get redundancy, i have been put on a 3 day a week "24hours" from my noraml 5 day "39hours" the last 2 months with company 9 years. Can i apply for redundancy??
any info helpful thanks

LegacyUser

From what you have told us you may be able to apply for redundancy.

If you go on to the welfare.ie website at the bottom of the home page you will see redundancy and insolvency, click on this and when it comes up with the next page on the side bar you will see redundancy click on this.
There are a lot of questions and answers there on this.

weisses

No ... 3 day week is not considered short time afaik

doylerevo

Redundancy Form RP9 may be used for this purpose, but it is not a requirement. Where employers fail to give clear notice of lay-off being temporary, they leave themselves immediately open to claims for statutory redundancy payments.

Can a claim for redundancy be made during a period of layoff or shortime?

Where an employee has been laid off or kept on short-time or a mixture of both either for four consecutive weeks or for a broken series of six weeks where all six weeks occur within a 13 week period. The employee, if they then wish to claim a redundancy payment may do so. Provided the employer does not counter claim by offering 13 weeks continual employment, the employee can claim a redundancy lump sum. However, the employee cannot then demand to be given notice under the Minimum Notice legislation as they are deemed to have voluntarily left their employment

Redundancy Payments Act 1967

Right of Employer To Give Counter Notice

Section 13

13.—(1) Subject to subsection (2), an employee shall not be entitled to a redundancy payment in pursuance of a notice of intention to claim if, on the date of service of that notice, it was reasonably to be expected that the employee (if he continued to be employed by the same employer) would, not later than four weeks after that date, enter upon a period of employment of not less than thirteen weeks during which he would not be laid off or kept on short-time for any week.

(2) Subsection (1) shall not apply unless, within seven days after the service of the notice of intention to claim, the employer gives to the employee notice (in this Part referred to as a counter-notice) in writing that he will contest any liability to pay to him a redundancy payment in pursuance of the notice of intention to claim.

(3) If, in a case where an employee gives notice of intention to claim and the employer gives a counter-notice, the employee continues or has continued, during the next four weeks after the date of service of the notice of intention to claim, to be employed by the same employer, and he is or has been laid off or kept on short-time for each of those weeks, it shall be conclusively presumed that the condition specified in subsection (1) was not fulfilled.

How can an employee claim redundancy when they have been laid off or been on shortime for either four consecutive weeks or for a broken series of six weeks with a 13 week period? An employee must give their employer notice in writing terminating their contract of employment (Form RP9 may be used for this purpose) to claim his redundancy once the time limits have passed.

The employee does not have to claim their redundancy as soon as they have been laid off or kept on short-time for either of the periods mentioned earlier. They can wait longer, if they choose.

doylerevo

hard to understand if this covers "systematic short time"

doylerevo

hard to understand if this covers "systematic short time"