Protection of Employees (Employers' Insolvency) (Forms and Procedure) Regulations, 1984.

S.I. No. 356/1984 - Protection of Employees (Employers' Insolvency) (Forms and Procedure) Regulations, 1984. S.I. No. 356 of 1984. PROTECTION OF EMPLOYEES (EMPLOYERS' INSOLVENCY) (FORMS AND PROCEDURE) REGULATIONS, 1984. I, RUAIRI QUINN, Minister for Labour, in exercise of the powers conferred on me by sections 6 16 of the Protection of Employees (Employers' Insolvency) Act, 1984 (No. 21 of 1984), hereby make the following regulations: 1. These Regulations may be cited as the Protection of Employees (Employers' Insolvency) (Forms and Procedure) Regulations, 1984. 2. In these Regulations "the Act" means the Protection of Employees (Employers' Insolvency) Act, 1984 (No. 21 of 1984). (3) The following forms shall be used as regards applications under section 6 of the Act: ) in the case of applications for payment in respect of unpaid normal weekly remuneration, entitlements under a sick pay scheme or holiday pay, the form (Form 1P1) set out in Part 1 of the Schedule to these Regulations, ) in the case of applications for payment of unpaid awards made by the Employment Appeals Tribunal as regards entitlements under the Act of 1973, the form (Form 1P2) set out in Part II of the said Schedule, and ) in the case of applications for payment of entitlements payable under the Act of 1974, the Act of 1977 or the Employment Equality Act, 1977 (No. 16 of 1977), any amount described in subparagraph (vii) of section 6(2) ( ) of the Act or applications for payment in respect of a claim described in subparagraph (iii) of section 6(3) ( ) of he Act, the form (Form 1P4) set out in Part III of the said Schedule. 4. An application under section 6 of the Act shall be made to the Minister— ) in case, in relation to the insolvency of the employer concerned, a person stands for the time being appointed under section 5 of the Act, through that person, and ) in any other case— (i) where there is for the time being in relation to the employer concerned a relevant officer, through that officer, (ii) where there is not for the time being in relation to such employer a relevant officer, by being sent to the Secretary, Department of Labour, Davitt House, Mespil Road, Dublin 4. 5. (1) Where an application under section 6 of the Act is, pursuant to Regulation 4 of these Regulations, received by a relevant officer or a person appointed under section 5 of the Act, the officer or person, having examined the application, shall, as soon as may be, forward a copy thereof to the Minister accompanied by a statement prepared by such officer or person as regards the application. (2) The following forms shall be used as regards statements required by paragraph (1) of this Regulation— ) in case the application to which such a statement relates is an application described in paragraph (a) or (b) of Regulation 3 of these Regulations, the form (Form 1P3) set out in Part IV of the Schedule to these Regulations, ) in case such application is an application described in paragraph (c) of the said Regulation 3, the form (Form 1P5) set out in Part V of the said Schedule. 6. (1) Where an application under section 6 of the Act is received by the Minister through a relevant officer or a person appointed under section 5 of the Act, unless the Minister is satisfied that there are particular reasons for making the payment directly to the applicant, any payment falling to be made on foot of the application shall be made to the officer or person through whom it was received. (2) Where a payment is made by a relevant officer or a person appointed under section 5 of the Act by reason of an application under section 6 of the Act, such relevant officer or person shall, as soon as may be, inform the Minister in writing, of the making of the payment and also whether or not, in relation to the amount payable on foot of the application, any deductions have been made by him as regards income tax, pay related social insurance or pension scheme contributions, and in case any such deductions are made, as regards each such deduction particulars of the amount deducted and the purpose for which the deduction was made. GIVEN under my Official Seal, this 20th day of December, 1984. RUAIRI QUINN, Minister for Labour. EXPLANATORY NOTE The purpose of these Regulations is to prescribe the forms to be used and procedures to be followed by employees and relevant officers (liquidators, receivers or persons appointed by the Minister) in relation to applications for the payment of certain claims. These are claims for arrears of wages, sick pay and holiday pay; unpaid awards by the Employment Appeals Tribunal under the Minimum Notice and Terms of Employment Act, 1973 ; arrears of statutory minimum wages; entitlements under the Unfair Dismissals Act, 1977 and arising from Court awards for damages at common law for wrongful dismissal; entitlements under the Anti-Discrimination (Pay) Act, 1974 and under the Employment Equality Act, 1977 FORM 1P 1 EMPLOYEE'S APPLICATION FOR PAYMENT OF ARREARS OF WAGES, SICK PAY, AND HOLIDAY PAY OWED BY AN INSOLVENT EMPLOYER An Roinn Saothair - Department of Labour Protection of Employees (Employers' Insolvency) Act, 1984 IMPORTANT: PLEASE READ THESE NOTES BEFORE COMPLETING THIS FORM. 1. After completion, this form should be sent or returned to the insolvent employer's representative. 2. The insolvent employer's representative is the person appointed in connection with an employer's insolvency (e.g. receiver, liquidator, person appointed by Minister for Labour). 3. Deductions for income tax, pay related social insurance and occupational pension scheme contributions etc., will be made by the employer's representative from payments due to the employees where appropriate. 4. A separate form IP2 should be completed where payment is being claimed in respect of minimum notice and form IP4 should be used for claims in respect of arrears of statutory minimum wages or entitlements arising under the Unfair Dismissals Act, 1977 , the Anti - Discrimination (Pay) Act, 1974 or the Employment Equality Act, 1977 5. The maximum period for which arrears are payable for each individual item is 8 weeks. In the case of sick pay, payment will not exceed the difference between any social welfare benefit payable and normal pay. 6. There is a ceiling on gross weekly wages for the purposes of calculating arrears. You should refer to the explanatory booklet for the ceiling applicable. PART 1 COMPLETE THIS FORM IN BLOCK CAPITALS Employee's Revenue and Social Insurance (R.S.I.) Number: First Name: Address of Employee |___|___|___|___|___|___|___|___|___| ________________________ Business name and address of insolvent Employer: ________________________ ___________________________________ ________________________ ___________________________________ Date of Termination of Employment ___________________________________ ___________________________________ Address of place of employment. PART 2: ARREARS OF WAGES Total Number of Weeks————— Gross Weekly Pay————————————————————————————————————— (See Note 6) Total Arrears of Wages Claimed———————————————————————————————— (See Note 5) PART 3: ARREARS DUE UNDER A COMPANY SICK PAY SCHEME Total Number of Weeks—————— Total amount of Social Welfare Benefit payable during the period——————————————————— Weekly Payment by Employer under Sick Pay Scheme——————————————————————— (Exclusive of Social Welfare Payments) Gross Weekly Pay————————————————————————————————————— (See Note 6) Total Arrears of Sick Pay Claimed——————————————————————————————— (See Note 5) PART 4: ARREARS OF HOLIDAY PAY Total Number of Weeks—————— Gross Weekly Pay————————————————————————————————————— (See Note 6) Total Arrears of Holiday Pay Claimed—————————————————————————————— (See Note 5) I apply for payment due to me under the Protection of Employees (Employers' Insolvency) Act, 1984 and declare that I have made no other applications in respect of the amounts shown above. I am aware that my rights and remedies against my employer in respect of this amount will be transferred to the Minister for Labour when payment has been made. _____________________ _____________________ WARNING: Legal proceedings may be taken against anyone making a false statement on this form. FORM 1P 2 EMPLOYEE'S APPLICATION FOR PAYMENT OF AN EMPLOYMENT APPEALS TRIBUNAL AWARD UNDER THE MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACT, 1973 An Roinn Saothair - Department of Labour Protection of Employees (Employer's Insolvency) Act, 1984 IMPORTANT: PLEASE READ THESE NOTICE BEFORE COMPLETING THIS FORM 1. After completion, this form should be sent or returned to the insolvent employer's representative. 2. The insolvent employer's representative is the person appointed in connection with an employer's insolvency (e.g. receiver, liquidator, person appointed by the Minister for Labour). 3. This form should be used only for a claim in respect of an unpaid minimum notice award. A separate form IP1 should be completed where payment is being claimed in respect of unpaid wages, sick pay entitllements or holiday pay and form IP4 should be used for claims in respectof arrears of statutory minimum wages or entitlements arising under the Unfair Dismissals Act, 1977 , the Anti Discrimination (Pay) Act, 1974 or the Employment Equality Act, 1977 4. There is a ceiling on gross wages for the purpose of making payments from the Fund. You should refer to the explanatory booklet for the ceiling applicable. PART 1 COMPLETE THIS FORM IN BLOCK CAPITALS Employee's Revenue and Social Insurance (R.S.I.) Number: First Name: Address of Employee |___|___|___|___|___|___|___|___|___| ________________________ Business name and address of insolvent Employer: - ________________________ ___________________________________ ________________________ ___________________________________ Date of Termination of Employment ___________________________________ ___________________________________ Address of place of employment. PART 2: AWARD BY THE EMPLOYMENT APPEALS TRIBUNAL UNDER SECTION 12 of THE MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACT, 1973 Date of Employment Appeals Tribunal Award——————— Reference number of award————————————— Gross weekly Wage———————————————————————— Total Amount Claimed/due—————————————————————— PLEASE ATTACH A COPY OF THE TRIBUNAL AWARD I apply for payment due to me under the Protection of Employees (Employer's Insolvency) Act, 1984 and declare that I have made no other applications in respect of the amount shown above. I am aware that my rights and remedies against my employer in respect of this amount will be transferred to the Minister for Labour when payment has been made. Signature_________________________ ___ Date______________________ WARNING: Legal proceedings may be taken against anyone making a false statement on this form. FORM 1P 3 APPLICATION BY AN EMPLOYER'S REPRESENTATIVE FOR FUNDS IN RESPECT OF WAGES, SICK PAY, HOLIDAY PAY AND MINIMUM NOTICE AWARDS. An Roinn Saothair - Department of Labour Protection of Employees (Employers' Insolvency ) Act, 1984 PLEASE COMPLETE THIS FORM IN BLOCK CAPITALS |__|__|__|__|__|__|__|__| EMPLOYER'S PAYE REGISTERED NUMBER |__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__| BUSINESS NAME OF INSOLVENT EMPLOYER |__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__| BUSINESS ADDRESS |__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__| |__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__| |__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__|__| NATURE OF BUSINESS FOR OFFICIAL USE __________________________________________________________ NACE |__|__|__|__|__| Date of Insolvency TYPE OF INSOLVENCY (e.g. liquidation, receivership, bankruptcy etc.) (e.g. date of appointment of liquidator receiver etc.) _______________________________ To: Minister for Labour, Davitt House, Mespil Road, Dublin 4. In connection with the provisions of the Protection of Employees (Employers' Insolvency) Act, 1984 , I have accepted, based on the best information available to me, the entitlement of employees as shown overleaf. No other notification has been made by me 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 Government Departments. I hereby give my consent to the disclosure of such information 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 forms IP1 and IP2 as appropriate signed by the employees involved are attached. The Instrument of payment should be drawn in favour of ——————————————— Address————— Signature of Employer's Representative ________________________________ Date __________________________ Telephone ______________ (1) (2) (3) (4) (5) (6) (7) Employee's Name Revenue & Social Insurance Number Total arrears of Wages Net Total Arrears of Sick Pay Total Arrears of Holiday Pay Amount of Minimum Notice Award by EAT Total of Columns (3), (4), (5), & (6) GRAND TOTAL FORM 1P 4 EMPLOYEE'S APPLICATION FOR PAYMENTS OF ARREARS OF STATUTORY MINIMUM WAGES, ENTITLEMENTS UNDER THE ANTI - DISCRIMINATION (PAY) ACT, 1974, EMPLOYMENT EQUALITY ACT, 1977 , UNFAIR DISMISSAL ACT, 1977 OR COURT AWARDS IN RESPECT OF UNFAIR DISMISSAL. AN ROINN SAOTHAIR - DEPARTMENT OF LABOUR Protection of Employess (Employer's Insolvency) Act, 1984 IMPORTANT: Please read these notes before completing this form. 1. After comletion, this form should be sent or returned to the insolvent employer's representative. 2. The insolvent employer's representative is the person appointed in connection with an employer's insolvency (e.g. receiver, liquidator, person appointed by Minister for Labour). 3. A separate form IP1 should be completed where payment is being claimed in respect of arrears of wages, sick pay and holiday pay and form IP2 should be used for claims in repect of Minimum Notice awards by the Employment Appeals Tribunal. 4. Claims in respect of statutory minimum wages can only be made in respect of employments covered by an Employment Regulation Order. In case of doubt, about the application of an Employment Regulation Order, claimants should contact the General Inspectorater Section of this Department. 5. Please attach a copy of Recommendation, deterimation or order as appropriate, if available. 6. Warning: Legal Proceedings may be taken against anyone making a false statement on this form. PART 1 COMPLETE THIS FORM IN BLOCK CAPITALS Employee's Revenue and Social Insurance (R.S.I.) Number: First Name: Address of Employee |___|___|___|___|___|___|___|___|___| ________________________ Business name and address of insolvent Employer: - ________________________ ___________________________________ ________________________ ___________________________________ Date of Termination of Employment ___________________________________ ___________________________________ Address of place of Employment: Gross Weekly Pay £ PART 2 : ANTI - DISCRIMINATION (PAY) ACT, 1974 (1) Equality Officer Recommendation (Note: attach copy of recommendation). Date of Recommendation: Reference Number: Amount of Recommendation ———————————————————————————————————— Has an appeal been lodged with the Labour Court?———————————— (Note: If an appeal has been lodged, no payment can be made unless it is withdrawn, or is determined by the Labour Court. If it has been determined by the Labour Court, please complete section 2 following). (2) Labour Court Determination (Note: attach copy of determination). Date of Determination— Reference Number: Amount of Award Has an appeal been lodged with the High Court?————————————— (3) Fine arising out of Civil Court decision (note: attach copy of decision if available). Date of Decision———— Amount of Award: Location of Sitting——— (4) Compensation awarded by Labour Court or Civil Court (note: attach copy of award). Who awarded the compensation Labour Court Civil Court appropriate box Date of Decision———— Amount of Award: Reference Number——— Location of Sitting——— (if any) (if heard in Civil Court) (5) High Court Judgement (note: attach copy of judgement). Date of Judgement——— Amount of Award: PART 2 : ANTI - DISCRIMINATION (PAY) ACT, 1974 (1) Equality Officer Recommendation (Note: attach copy of recommendation). Date of Recommendation: Reference Number: Amount of Recommendation ———————————————————————————————————— Has an appeal been lodged with the Labour Court?———————————— (Note: If an appeal has been lodged, no payment can be made unless it is withdrawn, or is determined by the Labour Court. If it has been determined by the Labour Court, please complete section 2 following). (2) Labour Court Determination (Note: attach copy of determination). Date of Determination— Reference Number: Amount of Award————————————————————————————————————————— Has an appeal been lodged with the High Court?————————————— (3) Fine arising out of Civil Court decision (note: attach copy of decision if available). Date of Decision———— Amount of Award: Location of Sitting——— (4) Compensation awarded by Labour Court or Civil Court (note: attach copy of award). Who awarded the compensation Labour Court Civil Court appropriate box Date of Decision———— Amount of Award: Reference Number——— Location of Sitting——— (if any) (if heard in Civil Court) (5) High Court Judgement (note: attach copy of judgement). Date of Judgement——— Amount of Award: PART 3 : EMPLOYMENT EQUALITY ACT, 1977 (1) Equality Officer Recommendation (Note: attach copy of recommendation). Date of Recommendation: Reference Number: Amount of Recommendation ———————————————————————————————————— Has an appeal been lodged with the Labour Court?———————————— appropriate box (Note: If an appeal has been lodged, no payment can be made unless it is withdrawn, or is determined by the Labour Court. If it has been determined by the Labour Court. If it has been determined by the Labour Court, please complete section 2 following). (2) Labour Court Determination (Note: attach copy of determination). Date of Determination— Reference Number: Amount of Award————————————————————————————————————————— Has an appeal been lodged with the High Court?————————————— appropriate box (3) Damages/Fine arising out of Civil Court decision (Note: attach copy offine/award, if available). What did the Civil Court Award?————— appropriate box Date of Decision———— Amount of Award: Location of Sitting——— (4) Compensation awarded by Labour Court or Civil Court (note: attach copy of award). Date of award of compensation————— Reference Number: Amount of Award————————————————————————————————————————— Has an appeal been lodged with the High Court?————————————— as appropriate (5) High Court Judgement (note: attach copy of judgement). Date of Judgement——— Amount of Award: PART 4 : STATUTORY MINIMUM WAGES UNDER AN EMPLOYMENT REGULATION ORDER Note: A claim under this part is not payable unless proceedings against the employer, under section 45 (1) of the Industrial Relations Act, 1946 , for the amount involved have been instituted. State title of Employment Regulation Order—————————————— Have proceedings been instituted against the employer———————————— appropriate box If yes, by whom————— In which Court (if applicable) ————————— State period in respect of which the claim is being made: Total number of weeks————————— Total Arrears Claimed ————————————————————————————————————— PART 5 : UNFAIR DISMISSALS ACT, 1977 (1) Rights Commissioner Recommendation (Note: Attach copy Recommendation). Date of Recommendation— Amount of Award—— Has an appeal been lodged with the Employment Appeals Tribunal?—————————— (2) Employment Appeals Tribunal Determination (Note: Attach copy of determination). Date of Determination——— Reference Number: Amount of Award———————————————————————————————— Has an appeal been lodged with the Circuit Court?————————————————— appropriate box (3) Court Order (See note below) Date of Order—————— Amount of Award—— I apply for payment due to me under the Protection of Employees (Employer's Insolvency) Act, 1984 and declare that I have made no other applications in respect of the amounts shown above. I am aware that my rights and remedies against my employer in respect of this amount will be transferred to the Minister for Labour when payment has been made. I also declare in respect of the amounts claimed above that I have made no appeal in respect of these amounts and I am not aware, to the best of my knowledge, that these amounts are the subject of appeal by anybody else. _______________________ _____________________________ Note: This part should also be used to claim payment of court awards for damages at common law for wrongful dismissal. FORM 1P 5 APPLICATION BY AN EMPLOYER'S REPRESENTATIVE FOR FUNDS TO PAY ENTITLEMENTS UNDER AN EMPLOYMENT REGULATION ORDER, UNFAIR DISMISSALS ACT, 1977 , ANTI-DISCRIMINATION (PAY) ACT, 1974 AND EMPLOYMENT EQUALITY ACT, 1977 An Roinn Saothair - Department of Labour Protection of Employees (Employer's Insolvency) Act, 1984. PLEASE COMPLETE THIS FORM IN BLOCK CAPITALS Business Name of Insolvency Employer Employer's P.A.Y.E Registered Number _________________________________ Business address of Insolvency Employer |__|__|__|__|__|__|__|__| _________________________________ _________________________________ Date of Insolvency _________________________________ (eg date of appointment of Liquidator, Receiver ect.) Nature of Business For Office Use Type of Insolvency (e.g. liquidation, receivership, bankruptcy, etc) ________________________________________________ To: Minister for Labour, Davitt House, Mespil Road, Dublin 4. In connection with the provisions of the Protection of Employees (Employer' Insolvency) Act, 1984, I have accepted, to the best of my knowledge, the entitlement of the employees as shown in this form. No other notification has been made by me in respect of these entitlements. I understand that it may be necessary for you refer information on the entitlements to the Revenue Commissioners and Government Departments. I hereby give my consent to the disclosure of such information as may be necessary. I also agree to make available to you such records as may be required for examination. I undertake to distrivute the appropriate amounts to the employees concerned from the funds received pursuant to this application. I declare in respect of the amounts shown on this form for the employees concerned that I have made no appeal in relation to the amounts shown and I am not aware, to the best of my knowledge, that these amounts are the subject of appeal by the employees concerned or anybody else. The instrument of payment should be drawn in favour of——————————— Address————————— Signature of Employer's Representative _________________________________ Date :__________________ Employer's Name Revenue and Social Insurance Number Amount under the Anti- Discrimination (Pay) Act, 1974. Amount under the Employment Equality Act, 1977 Amount under Unfair Dismissals Act, 1977 or Court Order for wrong ful dismissal Amount under the Industrial Relation Act, 1946 (Employment Regulation Order) Total of Columns (3), (4), (5) and (6). GRAND TOTAL