Employment law -

Terms of Employment (Information) Act 1994

• The full names of the employer and the employee

• The address of the employer

• The place of work or, where there is no main place of work, a statement indicating that an employee is required or permitted to work at various places

• Job title or nature of the work

• Date of commencement of employment

• If the contract is temporary, the expected duration of employment

• If the contract is for a fixed term

• The rate of pay or method of calculating pay *

• Whether pay is weekly, monthly or otherwise *

• Terms or conditions relating to hours of work, including overtime *

• Terms or conditions relating to paid leave (other than paid sick leave) *

• Any terms or conditions relating to incapacity for work due to sickness or injury *

• Any terms or conditions relating to pensions and pension schemes *

• Periods of Notice or method for determining periods of notice *

• A reference to any collective agreements which affect the terms of employment

Terms of Employment (Information) Act 1994Optional but advisable….• In addition to the minimum terms required under the 1994 Act you should consider the following:

• Probation period.

• Phone/laptop.

• Expenses.

• Sick pay policy.

• Holidays (over the minimum required).

• Lay off/short term.

• Right to search.

• Right to test for alcohol/drugs.

• Retirement age.

• Grievance procedure.

• Disciplinary procedure.

How to include these…

These can be incorporated:

• The letter of employment.

• Staff handbook.

Employment Record – Statutory Obligation

Employer registration number with the revenue

Full Name, Address and PPS Number for each employee (full-time and part-time)

Terms of Employment for each employee

Payroll details – i.e. Gross to Net, Rate per hour, Overtime,

Deductions, Shift and other Premiums and Allowances,

Commissions and Bonuses, Service Charges, etc.

Copies of Payslips.

Employees’ Job ClassificationsDates of commencement and, where relevant, termination of employmentHours of Work for each employee (including starting and finishing times, meal breaks and rest periods). These may be in the form of Form OWT1 or in a form substantially to like effect.Register of employees under 18 years of ageWhether board and/or lodgings are provided and relevant detailsHoliday and Public Holiday entitlements received by each employeeAny documentation necessary to demonstrate compliance with employment rights legislationAdditional records may be required to be held depending on the sector/business involved.

Why do I need to keep these…WRC inspectors have full power to seek access to these records

Organisation of Working Time Act 1994

Organisation of Working Time Act 1994

• Maximum number of hours over average week 48 hours.

• Working average calculated over a 4 month period

• Agriculture 6 months is allowed.

• Breaks.

The maximum number of hours that an employee should work in an average working week is 48 hours. This working week average should be calculated over a four-month period. There are however some exceptions to this average period.

Averaging may be balanced out over a 4, 6 or 12 month period depending on the circumstances. The 48-hour net maximum working week can be averaged according to the following rules:

for employees generally - 4 monthsfor employees where work is subject to seasonality, a foreseeable surge in activity, or where employees are directly involved in ensuring continuity of service or production - 6 monthsfor all employees who enter into a collective agreement with their employers which is approved by the Labour Court - 12 months.

Zero Hours Contracts

These have become popular in the retail and catering trade in particular. Compensation is payable when employee is not required to work even though they have made themselves available over that time without the guarantee of any work. If contract of employment requires a person to be available 48 hours in a week they are entitled to a minimum payment of 12 hours if not required to work for that week.

Protection of Young Persons (Employment) Act 1996

• This sets out the employer’s obligations for children and young persons.

• Child – a person who is under 16 years of age or the school leaving age whichever is the higher.

• Young person – a person who has reached 16 years of age or the school leaving age (whichever is higher but is less than 18 years of age).

• General prohibition on employment of children under 16

• Exceptions

• 14-15 year olds – light work:

• During school holidays once minimum three week break from work.

• Part time during school term (over 15 years only, max 8 hours per week).

• As part of an improved work experience programme.

Mandatory Records – in addition to other records!

• Full name.

• Date of birth.

• Time work begins/finishes each day.

• Rates of wages/salary paid.

• Total amount of wages paid.

• If under 16 you must see copy of birth cert/obtain written permission of parent/guardian.

• If under 18 provide:

• Copy of official summary of Protection of Young Persons (Employment) Act.

• Details of terms of employment with one month of taking up of job.

• Display official summary (abstract) of the Act at workplace where it can be easily read.

• Less working hours and greater breaks.

Holidays/Annual Leave

Leave year – April 1 to March 31.Off site training, protective leave taken into account when calculating holidays.Pay for annual leave must be paid in advance.Timing of leave – Section 12 allows employer decide when employee can take leave:Need for employee to reconcile work and family responsibilities.Opportunities for rest and recreation.

Public Holidays

• Currently 9 public holidays. Employer options:

• Paid day off on the holiday.

• Paid day off within a month.

• An extra day’s annual leave.

• An extra day’s pay.

• Day’s pay is what the person would normally have got.

• Those on protected leave entitled to benefit of public holidays.

Protective Leave

• Adoptive leave.

• Carer’s leave.

• Maternity leave.

• All employees including casual workers entitled to this regardless of how long they have been working:• 26 week maternity leave plus 16 weeks unpaid leave.

• Parental leave.• 18 weeks unpaid parental leave for each parent before child is 8 years/16 years for children with

disabilities/long term illness

• Force majeure leave:• Allows employees to deal with family emergencies up to a maximum of 3 days in any 12 consecutive

months/5 days/36 months.

• Paternity leave.• Two continuous weeks paid leave in respect of births from September 2016 – State payment €230 per week.

Data Protection

• Personal data.

• Data controller.

• Data processor.

• Obligation to maintain it safely.

• Obligation not to disclose to third parties.

• Obligation to process data for very specific reasons and not to keep beyond what is required.

• Request for data as part of personal injury or WRC claim.

Provision of Minimum Notice

Length of Service Minimum Notice

13 weeks – 2 years 1 week

2 – 5 years 2 weeks

5 – 10 years 4 weeks

10 – 15 years 6 weeks

More than 15 years 8 weeks

Unfair Dismissal

• Every dismissal of an employee will be presumed to have been unfair unless

the employer can show substantial grounds justifying the dismissal.

• Act applies to employees over 16 years of age with at least 12 months

continuous service

• If dismissal results from pregnancy, TU activity, invoking protective leave

• WRC can award up to 2 years gross remuneration

Other grounds where WRC will consider a dismissal unfair• an employee’s pregnancy, giving birth or breastfeeding or any matters connected

therewith

• the exercise or proposed exercise by an employee of a right under the Maternity Protection Act, 1994 & 200

• the exercise or contemplated exercise by an employee of the rights to adoptive leave, or additional adoptive leave under the Adoptive Leave Act 1995 & 2005

• the exercise or proposed exercise by the employee of the right to parental leave or force majeure leave under and in accordance with the Parental Leave Act, 1998 & 2006

• an employee’s entitlements, future entitlements, exercise or proposed exercise of rights under the National Minimum Wage Act 2000

• an employee’s trade union membership or activities

• the exercise or proposed exercise by the employee of the right to carer’s leave under and in accordance with the Carer’s Leave Act, 2001

Equality issues -

• Membership or proposed membership of a trade union or engaging in trade union activities, whether within permitted times during work or outside of working hours

• Religious or political opinions

• Legal proceedings against an employer where an employee is a party or a witness

• Race, colour, sexual orientation, age, or membership of the Traveller community

• Pregnancy, giving birth or breastfeeding or any matters connected with pregnancy or birth

• Availing of rights under legislation to maternity leave, adoptive leave, carer's leave, parental or force majeure leave

• Unfair selection for redundancy

How to dismiss…..

Disciplinary Procedure

Important to have a detailed disciplinary procedure and to follow it.

Part of employee contract/staff handbook.

Follow procedure to the letter.

Opportunity to address allegation.

Person to attend and support.

Potential outcome of investigation to be outlined.

Suspension whilst investigation ongoing.

Verbal warning – Written warning - Dismissal

Take Away Points

• Familiarise yourself with the legislation.

• Have template documents.

• Have process for opening personnel file on employees and maintaining it.

• Make it clear to the employee their obligations under the contract.

• Ensure proper training.

• If an issue arises follow procedures.