INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976

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INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 76



76.(1) Subject to the following provisions of this Article, Parts III and IV
apply to every employment.

(2) Articles 20, 42, 43, 48, 49 and 50 do not apply to any of the following,
that is to say

(a)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;

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

(3) For the purposes of paragraph (2)(b) 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 20, 42, 43 and 48 do not apply to any employment where the
employer is the husband or wife of the employee.

Paras.(5) (6) rep. by 1976 NI 28 art.65(3) sch.6

(7) Articles 42, 43, 49 and 50 do not apply to employment as a merchant
seaman.

(8) Subject to 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.

(9) For the purposes of paragraph (7) as it applies in relation to Articles 49
and 50, employment as a merchant seaman means employment as master or as a
member of the crew of a sea-going ship, including an apprentice or trainee
employed on any such ship and employment as a radio officer on such a ship.

(10) Articles 49 and 50 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.

(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).

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Northern Irish Legislation

INDUSTRIAL RELATIONS (NORTHERN IRELAND) ORDER 1976 - SECT 76