Posts

01.08.2018

Contract of Employment – Terms Required by Statute

One of the most common oversights attributable to Employers in Ireland is failing to provide all employees with a contract of employment – meeting minimum statutory requirements – within the first 2 months of employment.

The relevant legislation is the Terms of Employment (Information) Acts, 1994-2014. This legislation states that the Contract of Employment must include terms in respect of the following:

  • Registered name & registered address of the Employer;
  • Full name & address of the Employee;
  • Place of work (if field/site based, this should be specified);
  • Job Title;
  • Nature of the work;
  • The date employment in the role commenced;
  • The date employment with the company commenced (this can be different from the above if an employee has been transferred or promoted internally);
  • If the Contract is temporary, the expected duration of the Contract (this should include a statement that the terms of the Unfair Dismissals Acts 1977-2015 do not apply to the contract);
  • If the Contract is for a fixed term, the details of same (this should also include a statement that the terms of the Unfair Dismissals Acts 1977-2015 do not apply to the contract);
  • Details of rest periods & breaks – including meal breaks;
  • Rate of pay;
  • Pay intervals – weekly/fortnightly/monthly;
  • Pay reference period – for the purposes of the National Minimum Wage Act 2000;
  • Hours of work – including overtime, or on-call arrangements;
  • Statement that an employee has the right to ask for a written statement of their average hourly pay – where applicable;
  • Sickness – including pay/welfare arrangements;
  • Details in respect of Pensions;
  • Details of paid leave – including annual leave;
  • Notice Periods;
  • Details of any collective agreements in place; and

In addition to the above, the Unfair Dismissals Acts 1977-2015 state that Employers should also give details in writing of their Disciplinary & Grievance Policies within 28 days of the contract beginning. The details should set out the procedure which the employer will observe before and for the purpose of dismissing the employee.

Employers should consolidate and expand on these terms within their Employee Handbook. Staff can also include additional clauses and industry-specific clauses should they wish to do so.

If you have any questions in relation to contracts and handbooks, please don’t hesitate to contact the team on 1890 253 369

Back to the blog
2018 Graphite HRM