. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Business - EmploymentRights
One of the most prominent entitlements an employee must receive is a written statement of terms and conditions of employment within eight weeks from date of employment. These terms and conditions would typically include the method of calculating pay and whether or not there is a sick pay scheme in operation (more information can be found in the section regarding your contract of employment). A written statement of pay - a ‘payslip’ - must also be furnished to employees setting out their gross pay and list all deductions made from it.
National Minimum
Wage Act 2000 Under the National Minimum Wage Act 2000, most experienced workers in Ireland are entitled to be paid €8.65 per hour. There are, however, some exceptions to the minimum wage, including those employed by close relatives, those aged less than 18 years and trainees or apprentices.
Average working week
The average working week is 39-hours and the maximum is 48-hours, however it may be noted that the 48-hours maximum is calculated over a four- month reference period, therefore your average working week could fluctuate considerably.
Working hours are governed by EU directives, which stipulate that you are entitled to a minimum of 11 hours’ continuous rest in every 24 hours and at least one rest period in a working day of more than six hours. Employees are also entitled to at least 24 hours’ continuous rest every week.
Holiday entitlements
Holiday entitlements are earned from the date of commencement of employment. The minimum annual leave entitlement is four paid working weeks per leave year. However annual leave is accrued based on time worked by the employee. For instance, a part-time employee is entitled to annual leave consisting of 8% of
hours worked, subject to a maximum of four working weeks in the leave year.
Employees are also entitles to nine public holidays during the year, in respect of which the employer may choose to give them one of the following options:
• A paid day off on the day; or • A paid day off within a month; or • An extra day of paid annual leave; or • An extra day’s pay.
Contract of
employment As an employer paying a regular wage or salary, there is an automatic onus on you to provide a contract of employment to all your employees. As mentioned previously, this contract of employment must be issued to your employee within eight weeks from commencement of employment.
The majority of employees work under open-ended contracts of employment. In other words, the contract continues until such time as the employer or employee ends it. Many other employees however, work under fixed-term or specified- purpose contracts which are contracts which end on a specified date or when a specific task is completed.
The Terms of Employment (Information) Acts 1994 and 2001 provide that an employer is obliged to provide an employee with a written statement of terms of employment within the first two months of the commencement of employment.
The statement of terms must include the following information:
• The full name of employer and employee
• The address of the employer • The place of work • The title of job or nature of work • The date the employment started
• If the contract is temporary, the expected duration of the contract
• If the contract of employment is for a fixed term, the details
• Details of rest periods and breaks as required by law
• The rate of pay or method of calculation of pay
• The pay reference period for the purposes of the National Minimum Wage Act 2000
• Pay intervals • Hours of work
• That the employee has the right to ask the employer for a written statement of his / her average hourly rate of pay as provided for in the National Minimum Wage Act 2000
• Details of paid leave • Sick pay and pension (if any)
• Period of notice to be given by employer or employee
• Details of any collective agreements that may affect the employee’s terms of employment
The Labour Relations Commission has published the code of practice on both Grievance and Disciplinary Procedures which state that employers should have written grievance and disciplinary procedures and they should give employees copies of these at the commencement of employment.
It should also be noted that under the Unfair Dismissals Acts 1977-2007 employers are required to give the employee in writing notice of the procedures to be followed before an employee is dismissed. This must be done within 28 days of entering into a contract of employment.
Changes to your contract of employment can occur due to a change in the law, but otherwise, changes must be agreed between your employer and yourself. The requirement for both the employer's and the employee's consent to changes in the terms of the contract is part of contract law.
Áine Coady is a HR and Health and Safety expert, with a BA in Legal Studies. She works for Athrú Solutions, whose consultants have over 25 years’ experience in both the Employment and Health and Safety arenas. For more information, telephone 01 892 8016 or visit
www.athrusolutions.ie
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