REMAINING NEW CLAUSES
Fixed-term work: Northern Ireland
Mr Alan Johnson
NC3
To move the following Clause:—
(1) The Department for Employment and Learning shall make regulations—
| (a) | for the purpose of securing that employees in fixed-term employment are treated, for such purposes and to such extent as the regulations may specify, no less favourably than employees in permanent employment, and |
| (b) | for the purpose of preventing abuse arising from the use of successive periods of fixed-term employment. |
(2) The regulations may—
| (a) | specify classes of employee who are to be taken to be, or not to be, in fixed-term employment; |
| (b) | specify classes of employee who are to be taken to be, or not to be, in permanent employment; |
| (c) | specify circumstances in which employees in fixed-term employment are to be taken to be, or not to be, treated less favourably than employees in permanent employment; |
| (d) | specify circumstances in which periods of fixed-term employment are to be taken to be, or not to be, successive; |
| (e) | specify circumstances in which fixed-term employment is to have effect as permanent employment; |
| (f) | make provision which has effect in relation to employees in fixed-term employment generally or provision which has effect only in relation to specified classes of employee in fixed-term employment. |
(3) The regulations may—
| (a) | confer jurisdiction (including exclusive jurisdiction) on industrial tribunals; |
| (b) | provide for specified obligations not to apply in specified circumstances; |
| (c) | make provision about notices or information to be given, evidence to be produced and other procedures to be followed; |
| (d) | amend, apply with or without modifications, or make provision similar to any provision of— |
(i) the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919) (including, in particular, Parts 6, 11 and 15),
(ii) the Trade Union and Labour Relations (Northern Ireland) Order 1995 (S.I. 1995/1980 (N.I. 12)), or
(iii) the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c.7);
| (e) | provide for the provisions of specified agreements to have effect in place of provisions of the regulations to such extent and in such circumstances as may be specified. |
(4) Without prejudice to the generality of this section, the regulations may make any provision in relation to employees which appears to the Department for Employment and Learning to be necessary or expedient—
| (a) | for the purpose of implementing Council Directive 99/70/EC on the framework agreement on fixed-term work in its application to terms and conditions of employment; |
| (b) | for the purpose of dealing with any matter arising out of or related to the United Kingdom's obligations under that Directive; |
| (c) | for the purpose of any matter dealt with by the framework agreement or for the purpose of applying the provisions of the framework agreement to any matter relating to fixed term workers. |
(5) Power to make regulations under this section includes power—
| (a) | to make different provision for different cases or circumstances; |
| (b) | to make such incidental, supplementary, consequential or transitional provision as the Department for Employment and Learning thinks fit, including provision amending an enactment. |
(6) Power to make regulations under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
(7) Regulations under this section shall not be made unless a draft of them has been laid before and approved by resolution of the Northern Ireland Assembly.
(8) In this section—
| (a) | "employee" means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment, and |
| (b) | "contract of employment" means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing.'. |
Repeal of section 109 of Employment Rights Act 1996
Hywel Williams
NC1
To move the following Clause:—
'.—Section 109 of the Employment Rights Act 1996 (c. 18) (Upper age limit) is hereby repealed.'.
Mr Alan Johnson
208
Long title, line 9, after 'work;' insert 'to make provision about flexible working;'.
ORDER OF THE COMMITTEE (6TH DECEMBER 2001)
That—
(1) during proceedings on the Employment Bill the Standing Committee do meet on Tuesdays at half-past Ten o'clock and at half-past Four o'clock and on Thursdays at half-past Nine o'clock and at half-past Two o'clock, except that on Thursday 6th December 2001 the Committee shall not meet at half-past Two o'clock and on Tuesday 8th January 2002 the Committee shall not meet at half-past Ten o'clock;
(2) the proceedings shall be taken in the following order, namely Clauses 22 to 29, Schedule 2, Clauses 30 and 31, Schedule 3, Clauses 32 to 38, Schedule 4, Clauses 39 to 41, Clauses 1 to 12, Schedule 1, Clauses 13 to 21, Clauses 42 to 48, Schedule 5, Clauses 49 to 51, Schedule 6, Clause 52, Schedule 7, Clause 53, new Clauses and new Schedules relating to requests for flexible working, remaining new Clauses, remaining new Schedules;
(3) the proceedings on Clauses 22 to 29, Schedule 2, Clauses 30 and 31, Schedule 3, Clauses 32 to 38, Schedule 4, Clauses 39 to 41 (so far as not previously concluded) shall be brought to a conclusion at 7 p.m. on Tuesday 18th December 2001;
(4) the proceedings on Clauses 1 to 12, Schedule 1, Clauses 13 to 21 (so far as not previously concluded) shall be brought to a conclusion at 7 p.m. on Tuesday 15th January 2002;
(5) the remaining proceedings on the Bill (so far as not previously concluded) shall be brought to a conclusion at 7 p.m. on Tuesday 22nd January 2002.
EXCERPT FROM ORDER OF THE HOUSE (27TH NOVEMBER 2001)
Proceedings in Standing Committee
3. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on 22nd January 2002.
4. The Standing Committee shall have leave to sit twice on the first day on which it meets.
|
