Page 33 - Workplace Relations Guide to Employment Law

Workplace Relations Commission -
Guide to Employment, Labour and Equality Law

5 Part-Time Employees

General when his/her normal hours of work
constitute less than 20 per cent of
The Protection of Employees (Part-Time the normal hours of work of the
Work) Act 2001 provides that comparable full-time employee.
This provision does not prevent an
(i) A part-time employee (as defined employer and a part-time employee
below) cannot be treated in a from entering into an agreement
less favourable manner than a whereby that employee may receive
comparable full-time employee in the same pension benefits as a
relation to conditions of employment. comparable full-time employee.

(ii) All employee protection legislation
applies to part-time employees in the
same manner as it already applies to Who is Covered By The Act?
full-time employees. Any qualifying
conditions (with the exception of
any hours thresholds) applying to In general the Act applies to any part-time
full-time employees in any of that employee
legislation, also apply to part-time
employees. (i) working under a contract of
employment or apprenticeship
(ii) employed through an employment
THE 2001 ACT ALSO PROVIDES THAT agency, or
(iii) holding office under, or in the service
(i) A part-time employee may be treated of, the State including members
in a less favourable manner than of the Garda Siochana and the
acomparable full-time employee Defence Forces, civil servants and
where such treatment can be employees of any health board,
justified on objective grounds (see harbour authority, the Health
definition below). Service Executive, local authority or
education and training board.
(ii) A part-time employee may be treated
less favourably than a comparable
full-time employee in relation to In the case of agency workers, the party
any pension scheme or arrangement who is liable to pay the wages (employment

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