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INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976 - SECT 49

49.(1) Subject to the following provisions of this Article, this Part applies
to every employment.

(2) Articles 3, 9, 15, 33, 37, 38, 39, 41 and 44 do not apply to any of the
following, that is to say

(a)any employment where the employer is the husband or wife of the employee;

(b)any employment as master or as a member of the crew of a fishing vessel,
where the employee is not remunerated otherwise than by a share in the profits
or gross earnings of the vessel;

(c)any employment where under his contract of employment the employee
ordinarily works outside Northern Ireland.

(3) For the purposes of paragraph (2), a person employed to work on board a
ship registered in the United Kingdom (not being a ship registered at a port
outside Northern Ireland) shall, unless

(a)the employment is wholly outside Northern Ireland, or

(b)he is not ordinarily resident in Northern Ireland,

(4) Articles 3 and 9 do not apply to employment under a contract for a fixed
term of 12 weeks or less or to employment under a contract made in
contemplation of the performance of a specific task which is not expected to
last for more than 12 weeks, unless in either case the employee has been
continuously employed for a period of more than 12 weeks.

(5) Subject to paragraphs (6), (7) and (8), Articles 37, 38, 39 and 44 (which
confer rights which do not depend upon an employee having a qualifying period
of continuous employment) do not apply to employment under a contract which
normally involves employment for less than 16 hours weekly.

(6) If the employee's relations with his employer cease to be governed by a
contract which normally involves work for 16 hours or more weekly and become
governed by a contract which normally involves employment for 8 hours or more,
but less than 16 hours, weekly, the employee shall nevertheless for a period
of 26 weeks computed in accordance with paragraph (7) be treated for the
purposes of paragraph (5) as if his contract normally involved employment for
16 hours or more weekly.

(7) In computing the said period of 26 weeks no account shall be taken of any
week

(a)during which the employee is in fact employed for 16 hours or more;

(b)during which the employee takes part in a strike, or is absent from work
because of a lock-out by his employer; or

(c)during which there is no contract of employment but which by virtue of
paragraph 5(1) of Schedule 1 to the Act of 1965, counts in computing a period
of continuous employment.

(8) An employee whose relations with his employer are governed by a contract
of employment which normally involves employment for 8 hours or more, but less
than 16 hours, weekly shall nevertheless, if he has been continuously employed
for a period of five years or more be treated for the purposes of paragraph
(5) as if his contract normally involved employment for 16 hours or more
weekly.

(9) Articles 39, 41 and 44 do not apply to employment as a merchant seaman.

(10) For the purposes of paragraph (9), employment as a merchant seaman does
not include employment in the fishing industry or employment on board a ship
otherwise than by the owner, manager or charterer of that ship except
employment as a radio officer but save as aforesaid includes employment as
master or a member of the crew of any ship, as an apprentice to the sea
service, and as a trainee undergoing training for the sea service, and
employment in or about a ship in port by the owner, manager or charterer of
the ship to do work of the kind ordinarily done by a merchant seaman on such a
ship while it is in port.

(11) The Department may by order

(a)provide that any provision contained in this Order which is specified in
the order shall not apply to persons or to employments of such classes as may
be prescribed by the order;

(b)add to, vary, revoke or exclude the operation of any of the provisions of
paragraphs (1) to (10).

© 1976 Crown Copyright

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