3:51 Sunday 29 March 2020
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Employer’s legal obligations to employees include:
Every employer is legally obliged to:
Under the Terms of Employment (Information) Act, 1994 and 2001 you are legally
required to give certain information in writing, i.e. the important elements of an
employees terms of employment within two months of the employee’s start date.
A quick guide can be downloaded as a .Pdf from the Department of Enterprise,
Trade & Employment here.
Employers should note, since 2001, all the provisions for employees regarding points
below, now flow to those part time employees who may even work for you less than 8
hours per week.
Remember employer’s – a person working for you for more than 1 month is covered
under this Act, and also other Acts relating to employees.
The following are the terms that must be present in the written contract:
Apart from the above it is also your legal obligation as an employer in Ireland to:
- Employer’s and employee’s full name;
- Address of the employer – if the employers is a company then the registered office;
- The place of work or, if it is the case, the fact that the employee is required to work in a variety of locations;
- Job title or the nature of the employment;
- Date the employment began;
- The details of the contract if it is fixed;
- Expected length of the contract if it is temporary;
- Details of rest periods and breaks as required by law.
- rate of remuneration [and the pay reference period for the purposes of the National Minimum Wage Act];
- the pay period (the intervals at which you will be paid);
- hours of work (including overtime);
- paid leave;
- arrangements for when you are unable to work due to sickness or injury;
- pensions and pension schemes;
- periods of notice which both your employer and you must give on ending employment;
- reference to any collective agreements which affect your work contract;
- Statement of employee's right to request and obtain a written statement from the employer of the employee’s average hourly rate of pay for any pay reference period within the previous 12 months. Minimum Wage Act, 2000.
- Make sure that all employee information held on employees is obtained and processed fairly and that the employee knows why the information is needed.
- Grant employees fair procedures in discipline situations.
- Operate a safe and harassment-free environment.
- Prevent discrimination in relation to: access to employment, conditions of employment, training, promotion or re-grading, classification of positions.
- Prepare a written safety statement identifying the risks and hazards of the workplace and how the employer will ensure a safe workplace for employees.
- Provide statutory leave breaks, e.g. public holidays, force majeure leave, maternity and parental leave, and carers leave, etc.
- Ensure that their employees take their minimum annual leave entitlement within the leave year.
- Give employees correct meal breaks while at work as well as the specified daily and weekly rest periods.
- Not allow employees work more than an average of 48 hours per week, including for a second employer.
- Provide a minimum notice period.
Some Useful documents for Employers
Legislation & Statutory Instruments
Statutory Instruments (SIs)
Source of Reference:
- Safety, Health and Welfare at Work Act, 2005 (PDF)
- Protection of Employees (Fixed-Term Work) Act 2003 (343kb PDF)
- Protection of Employees (Part-Time Work) Act, 2001 (PDF)
- Carers Leave Act (No. 19 of 2001) (PDF)
- Minimum Notice and Terms of Employment Acts, 1973 and 2001
- Unfair Dismissals Acts, 1977 to 2001
- National Minimum Wage Act, 2000 (PDF)
- Protection of Young Persons (Employment) Act, 1996 h
- Terms of Employment (Information) Act, 1994
- Payment of Wages Act, 1991
- Organisation of Working Time Act, 1997.
For up to date information always refer to the primary source of the information above, which is the website of the Department of Enterprise, Trade & Employment.
IBEC – Irish Business and Employer’s Confederation
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