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Parent's Leave and Benefit Bill 2019 (enacted 24 October 2019)Introductory TextActs Referred toPart 1 Preliminary and general  (ss. 1-4)1. Short title and commencement2. Interpretation3. Voidance or modification of certain provisions in agreements4. ExpensesPart 2 Parent’s leave (ss. 5-16)5. Entitlement to parent’s leave6. Notification to employer7. Allocation of parent’s leave8. Commencement of parent’s leave where relevant parent entitled to maternity leave9. Commencement of parent’s leave where relevant parent entitled to adoptive leave under section 6(1) of Act of 199510. Commencement of parent’s leave for a relevant parent entitled to paternity leave11. Commencement of parent’s leave (early confinement)12. Commencement of parent’s leave (change in day of placement or date of confinement)13. Postponement of parent’s leave by employer14. Postponement of parent’s leave in event of hospitalisation of child15. Entitlement to parent’s leave on death of child16. Entitlement of employed surviving parent to leave on death of relevant parentPart 3 Employment protection (ss. 17-22)17. Interpretation (Part 3)18. Preservation or suspension of rights while on parent’s leave19. Protection of employees from penalisation20. General right to return to work on expiration of parent’s leave21. Postponement of return to work22. Provisions applying where employee not permitted to return to workPart 4 Resolution of disputes (ss. 23-25)23. Disputes regarding entitlements under Act24. Decision under section 41 or 44 of Act of 201525. Burden of proofPart 5 Parent’s benefit (ss. 26-32)26. Amendment of section 21 of Act of 200527. Amendment of section 39 of Act of 200528. Amendment of section 58 of Act of 200529. Parent’s benefit30. Amendment of section 238B of Act of 200531. Amendment of section 241 of Act of 200532. Amendment of section 248 of Act of 2005Part 6 Miscellaneous (ss. 33-38)33. Amendment of Schedule 3 to Redundancy Payments Act 196734. Amendment of section 6 of Act of 197735. Amendment of Act of 199436. Amendment of Act of 199537. Amendment of section 126 of Taxes Consolidation Act 199738. Amendment of Act of 2015
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Version status: Published
Version date: 3 October 2019 - onwards

3. Voidance or modification of certain provisions in agreements

This format of the bill is taken from the text of stage 1 published on 3 October 2019 by Seanad Éireann

(1) A provision in any agreement shall be void in so far as it purports to exclude or limit the application of any provision of this Act or is inconsistent with any provision of this section.

(2) A provision in any agreement which is or becomes less favourable in relation to an employee than a similar or corresponding entitlement conferred on the employee by this Act shall be deemed to be so modified as to be not less favourable.

(3) Nothing in this Act shall be construed as prohibiting the inclusion in an agreement of a provision more favourable to an employee than any provision in Part 2.

(4) References in this section to an agreement are to any agreement, whether a contract of employment or not and whether made before or after the coming into operation of this section.

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