STATUTORY INSTRUMENTS

S.I. No156 of 2006

Statistics (National Employment Survey) Order 2006

I, Tom Kitt, Minister of State at the Department of the Taoiseach, in exercise of the powers conferred on me by section 25(1) of the Statistics Act 1993 (No. 21 of 1993) and the Statistics (Delegation of Ministerial Functions) Order 2004 ( S.I. No. 664 of 2004 ), hereby order as follows:

1.      This Order may be cited as the Statistics (National Employment Survey) Order 2006.

2.      In this Order -

-�Act-� means Statistics Act 1993 (No. 21 of 1993);

-�enterprise-� has the meaning given to it by Regulation (EC) No. 1552/2005 of the European Parliament and of the Council of 7 September 2005¹ ;

-�survey-� means National Employment Survey 2006 to be carried out by the Office during the year 2006.

3.        (1)        This Order applies to -

(a)        an enterprise which is classified for statistical purposes under section C, D, E, F, G, H, I, J, K, L, M, N or O of NACE Rev. 1, set out in the Annex to Council Regulation (EEC) No. 3037/90 of 9 October 1990² , as amended by Commission Regulation (EEC) No. 29/2002 of 19 December 2001³ , which has 3 or more employees and which is required by the Office to participate in the survey, and

(b)        an employee employed by an enterprise to which paragraph (a) applies who is selected by that undertaking, in compliance with a direction under section 26 of the Act, to participate in the survey.

(2)        This Order does not apply in respect of information required of enterprises pursuant to the European Communities (Statistics) (National Employment Survey) Regulations 2006.

4.         (1)        Information, the general nature of which is specified in Schedule 1, is prescribed as information required to be provided, within the period specified by the Director General, by each enterprise to which this Order applies to the Office for the purpose of the survey. Except where otherwise specified in Schedule 1, the said information is to be provided in relation to the years 2004, 2005 and 2006, and a reference period in March 2006, as appropriate, as required by the forms and questionnaires referred to in Article 5(a).

(2)        Information, the general nature of which is specified in Schedule 2, is prescribed as information required to be provided, within the period specified by the Director General, by each employee to whom this Order applies to the Office for the purpose of the survey. Except where otherwise specified in Schedule 2, the said information is to be provided by each such employee in respect of himself or herself in relation to or, as appropriate, as of, the month of March 2006, as required by the forms and questionnaires referred to in Article 5(a).

5.         An enterprise or employee required by this Order to provide information to the Office shall provide such information -

(a)        by the completion of forms and questionnaires prepared by the Director General in accordance with section 23 of the Act, and

(b)        where directions under section 26 of the Act have been given to the enterprise, in accordance with those directions.

6.         An enterprise or employee required by this Order to provide information to the Office shall be deemed to comply with that requirement where, with the consent of the Director General, the information is provided by electronic means in a format or manner approved by the Director General.

SCHEDULE 1

Information relating to -

(a)      the total number of persons engaged in the enterprise and a breakdown by employment status and gender of those persons on 31 December 2005,

(b)      the enterprise's training activities and the effects of same;

(c)      the costs and funding of the enterprise's training activities,

(d)      the participants in the enterprise's training for apprentices and trainees,

(e)      the costs and funding of the enterprise's training activities for apprentices and trainees,

(f)      the enterprise's training policies and practices, and

(g)      individual employee data for each employee to whom this Order applies who is employed by the enterprise concerned, including name, PPS number, earnings, number of weeks to which his or her gross annual earnings relate, occupation, PRSI class and days of absence of and hours worked by each such employee and type of employment contract under which he or she is working.

SCHEDULE 2

1.      Information, in relation to the employee concerned, as to his or her -

(a)      gender, age, nationality, and place of residence,

(b)      education and employment history,

(c)      days of unpaid absence from the job,

(d)      job characteristics and attendance patterns, and

(e)      working patterns.

2.      Information in relation to training undertaken by the employee concerned in the year 2005 which was provided by or paid for by the employee's employer.

¹ OJ No. L255, 30.9.2005, p.1.

² OJ No. L293, 24.10.1990, p.1.

³ OJ No. L6, 10.01.2002, p.1.