An Introduction to Employment Law in Ireland

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An Introduction to Employment Law

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Aim of the Day

The aim of this programme is to give you the essentials in relation to their responsibilities as an employer

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Learning Objectives

Duties of an employer

Duties of the employee

Health and Safety Considerations

Health and Safety Training

Contracts of Employment

Different types of Contracts

Employee Relationship Management

Disciplinary Procedures

Rates of Pay

Dealing with Unions

Conflict Resolution

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Who is working for you?

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Measure Twice Cut Once

1. Interview Process2. Qualifications3. Experience4. References

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To be sure to be Sure

Setting Clear ExpectationsSetting Clear StandardsProbation PeriodProgress checkFeedback to New EmployeeFeedback from New EmployeeGet out of gaol clause

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Types of Contracts

Fixed Term ContractsPart Time ContractsFlexible ContractsFull Time Contracts

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Provision of Services Versus Employment Contract

Provision of Services is where a company or person provides a service to you. The same Laws apply in relation to termination of contracts as with any other service

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EMPLOYMENT CONTRACTS

Expressed TermsImplied TermsImplied by custom an Practice in Trade

Formation of the Contract

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DUTIES OF AN EMPLOYER

To provide WorkTo pay wages or remunerationTo provide for the Safety of the employeesTo indemnify employees except where

employee breaks law employee had no right to give order

Common Law Duties of the Employer

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DUTIES OF THE EMPLOYEES

To give personal ServiceTo obey lawful ordersTo exercise reasonable care and skillTo act in good faithTo maintain secrecyTo indemnify their employer – reimburse for damages done

Common Law Duties of the employee

EMPLOYMENT LAW

Right to information about contract of employment2001 Act removed exclusion for those working under 8 hours per weekAct does not apply to employee who will work under one monthAgency or company must give particulars of employment in writing (Contract of Employment)

Terms of Employment (Information) Acts 1994 - 2001

Essential Ingredients of a Contract of EmploymentNature of Post of employment Temporary/PermanentDuration of employmentDuties hours and overtime from time to timeWorking hoursSalary or Hourly rateTravel and subsistence allowances where relevantHoliday entitlementsSpecial Leave – Compassionate leave, forced madure leave, Sick Leave entitlementsNotice of Termination of employmentMaternity Procedures and entitlementsMedical examinations (if applicable)Declaration and signatures – employee and employer (both sign this document)Probation Period details will usually also be listed.

Contract of Employment must include

Where employee is required to work outside state must get written statement with period required, currency paid, benefits in cash, terms of repatriation.Statement must be signed by employerIf employee leaves within two months, must still be given above statementEmployers required to give employees under 18 copy of the Official Summary of the Protection of Young Persons (Employment) Act 1977Employee can complain to Rights Commissioner where employer fails to give employment contract.

Terms of Employment (Information) Acts 1994 - 2001

Regulates payment of wages, Wages must be readily negotiable method Must get payslip with payments and

deductions Gives protection against unlawful deductions

from wages.Act Applies to

Employee, Apprentice, agency or sub- contractor, employee in the service of state

Payment of Wages Act 1991

Wages can be paid by cash, cheque, bank draft, money order, credit transfer, any other method specified by the Minister for Enterprise, Trade and Employment.Must be a written statement with every paymentStatements must be confidentialEmployers can only deduct PAYE, PRSI, VHI or agreed loans etc.Employees can complain to Rights CommissionerTransitional arrangements apply to employees paid by other method than cash when Act of 1979 came in.

Payment of Wages Act 1991

Statutory Maximum Working Time, Rest and HolidaysEach 7 days can only work on average 48 hoursWhen working midnight to 7am can only work average 8 hours per every 24 hour periodEntitled to a weekly rest break of 24 consecutive hoursAct permits exceptions to rest provisions in event to exceptional circumstancesMinimum holidays (pro rata) is 4 weeks.Part time employees get 6 hours holidays for every hundred hours worked

Organisation of Working Time Act 1977

Employees not covered include seafarers, fishermen, lighthouse staff, established civil servants etc.If sick cert provided leave not counted as holidaysHoliday time off determined by employerPay for time off at normal rateWhen leaving must be paid any outstanding holidays dueEntitlement to the Nine Public Holidays as well

Organisation of Working Time Act 1977

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HEALTH AND SAFETY

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EMPLOYEE INDUCTIONS

Contract of Employment SignedSafety Induction, Done and Signed offJob InductionWalk around PremisesEquipment TrainingEmergency Procedures

Employer responsible for thisObliged to provide safe working conditionsMust have a safety statementEmployees responsible to taking reasonable care with machinery etcHealth and Safety Authority established under the 1989 Act to enforce Occupational Safety and Health

Safety, Health and Welfare at Work Act 2005

Outlaws Discriminatory Practises in relation to interviewing, access to employment, access to training and pay conditions.Cannot discriminate under the following grounds -gender, -marital status,- family status, -age, -race, -religious belief, -disability, -sexual orientation and –-membership of the Traveller community. The Act also prohibits sexual and other harassment.Act established Equal Authority to enforce the Act

Employment Equality Acts 1998 - 2007

Compliments Employment Equality Acts 1998 – 2007 to protect against discrimination in non employment areasDirect and indirect discrimination under 9 groundsCovers discrimination against disabilityExemptions where provision of service would cause substantial risk or damageClaimants must notify person who claim is being made about

Equal Status Acts 2000 -2004

Young persons = workers under 18

Covers Minimum entry age for employment limits working hours Rest intervals Prohibition of night work

Protection of Young Persons (Employment) Act 1996

If under 18 employer must get birth certUnder 15 years of age prohibitedMaximum of 8 hours in day, 40 hours per weekUnder 16 must have 21 day break in summer14 consecutive days off and 2 days off per weekBetween 16 and 18 must have 30 min break after working more than 4 ½ hours.Under 16’s cannot work before 8am or after 8pm

If under 18 employer must recordFull NameDate of birthTime of commencement of work each dayTime of termination of work each dayRate of Wages, salary, normal working hoursTotal wages or salary paid

Statutory entitlements for all pregnant employees26 weeks off, taking at least 2 before and 5 weeks after birthEntitled to take time off without loss of pay for antenatal and postnatal careTo exercise right employee must inform employer 4 weeks before leave, and give medical certificate to confirm expected week of confinement

Maternity Protection Acts 1994- 2004

Can get maternity related benefit during leaveCan take an additional 16 weeks unpaid leave after maternity leaveEmployee not obliged to return to work but must give employer 2 weeks notice of returnWhen employer cant oblige must offer employee suitable alternative postBreastfeeding mothers can be given health and safety leaveWhile on maternity leave entitled to full annual leave

Entitles adopting mother or sole Adopting father to 24 weeks of adoptive leaveMust be adoption order in placeEmployee must give 4 weeks notice in writingMust inform employer in writing about intent to return 4 weeks prior

Adoptive Leave Acts 1995 - 2005

Unpaid leave to provide full-time care for a person in need of such careMaximum leave is 65 weeksEmployees employment cannot be affected by taking leave6 weeks notice in writing needed to recommence work given by employeeEmployee must give to employer copy of decision by Dept of Social and Community and Family affairsEmployers must make record of leave or else there is a fine of €3000 for failing to do soAt end employee entitled to return to work under same contract and conditionsEmployee can complain to rights Commissioner

Carers Leave Act 2001

Brings part time workers under same scope of existing legislationMust have 12 months continuous service under Unfair Dismissals Act and 2 years continuous service to get Redundancy Payments

Protection of Employees (Part-Time Work) Act 2001

Employer must put contract in writingCannot be treated less favourably than full time workers, cannot continuously renew contractsCan only work on fixed term contracts for 4 years and must get a permanent contract

Protection of Employees (Fixed Term Work) Act 2003

National Minimum wage is €8.65Employees entitled to written statement on wagesCan go to Rights Commissioner where employer fails to give written statement on average hourly rate.

National Minimum Wage Act 200

Provides for granting of employment permits to foreign nationalsEmployer required to pay for the fee. Permit granted to employee and not employerAct allows for inspections by Authorised Officers.

Employment Permits Acts 2003 - 2006

Under EU council employees must be informed of changes that will affect them where there is at least 50 employeesEmployers can put in pre-existing agreements to suit circumstancesEmployers must provide information on organisations activities and consultation must take place

Employees (Provision of Information and Consultation) Act 2006

By agreement with NoticeBy death of employer or employeeBy FrustrationBy InsolvencyBy Breach of Contract

Termination of the Contract

BY EMPLOYER TO EMPLOYEELength of Service Minimum Notice13 weeks to 2 years One week2 years to 5 years Two Weeks5 years to 10 years Four weeks10 years to 15 years Six WeeksMore than 15 years Eight Weeks

Minimum Notice and Terms of Employment Acts 1973 - 2005

If employee working more than 13 weeks, must give at least 1 weeks noticeEmployer or employee can voluntarily waive their rights.

Minimum Notice and Terms of Employment Acts 1973 - 2005

Protects employees form being unfairly dismissed.Employees excluded have less than one years service, at retirement age, close relatives, defence forces, gardai, Fas trainees, state employees, officers of local authorites, fixed term contract, trainees, illegal contracts

Unfair Dismissals Acts 1977 - 2007

Dismissed unfairly if No notice given due to conduct of employer (constructive dismissal) Fixed term contract not renewed

Unfair Dismissals Acts 1977 - 2007

Substantial Grounds for dismissal Lack of skill Conduct of employee Redundancy Continuation would break lawEmployer must give written reason within 14 days if required.Claims of unfair dismissals must be made within 6 months.Can go before Rights Commissioner

Unfair Dismissals Acts 1977 - 2007

Employee can be referred to Employment Appeals Tribunal in First PlaceMay be referred to employees Appeals Tribunal.May then go circuit court if employer does not comply within 6 weeksAt this court employer must prove that dismissal was fair.

Unfair Dismissals Acts 1977 - 2007

Reinstatement – Job backRe-engagement in job or equivalentFinancial Compensation

An employee fund to have been unfairly dismissed but who has not suffered financial loss will get a max. Of 4 weeks pay as compensation

Remedies for Unfair Dismissal

Can occur when-Employer ceases to trade-Requirements of business cease-Employer reduces employees-Employer uses different practises-Employer gets another employee to do work which existing employee cannot do.

Redundancy Payments Act 1967 -2007

Gives rebates to employers who pay lump sumsPays employee when employer refuses to payPays outstanding amounts due to employee

Social Insurance Fund

Over 16 years of ageEmployment insurable under Social Welfare Acts2 years continuous employmentDismissal or frustration will not merit redundancy payments

Those entitled to Redundancy Payment

One weeks pay plus two weeks pay irrespective of age for every continuous year of employment subject to a ceiling of €600 per week.

Payment Calculations

Seeks to prevent large-scale compulsory replacement of workers in Ireland by lower-paid alternatives.

Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007

An Introduction to Employment Law brought to you

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