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NERA roadshow employer presentation
 

NERA roadshow employer presentation

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Slides from NERA Roadshow on Irish Employment Law. http://www.stafforg.com/nera.html

Slides from NERA Roadshow on Irish Employment Law. http://www.stafforg.com/nera.html

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    NERA roadshow employer presentation NERA roadshow employer presentation Presentation Transcript

    • NERA Roadshow 2010
    • “ To achieve a national culture of employment rights compliance” NERA’s Mission Statement
      • Towards 2016 Partnership Agreement
      • Established on an interim basis in 2007
      • Three former sections of DET&E
        • Labour Inspectorate
        • Information Unit
        • Prosecution and enforcement section
      NERA’s Evolution
    • A resource for employers & employees to achieve compliance through: -Information and Education -Inspection -Prosecution -Enforcement How Does NERA Work for you?
    •  
    • NERA’s Research
      • Lo-Call 1890 80 80 90
      • Recorded Information
      • Eform
      • Quarterly Update
      • Publications
      • Awareness Campaigns
      • Presentations
      • Exhibitions
      • Redundancy Payments Call handling
      • www.employmentrights.ie
      NERA’s Information Services
    • WWW.EMPLOYMENTRIGHTS.IE
    • NERA Quarterly Update
    • NERA Annual Review
    • WWW.EMPLOYMENTRIGHTS.IE Key employment rights information is available in the following languages:
      • Lithuanian
      • Polish
      • Portugese
      • Romanian
      • Russian
      • Spanish
      • Arabic
      • Chinese
      • Czech
      • French
      • Irish
      • Latvian
      • Slovakian
    • NERA’s Research
      • Helpline
      • 150,000 calls answered (up 32% on 2008)
      • Email
      • 12,000 + answered
      • Publications
      • 30,000 + distributed
      • Website www.employmentrights.ie
      • 1.5 million+ web impressions
      Information Provided 2009
    • NERA’s Research
      • Service delivered 9:30am to 5pm – including lunch
      • 12 Information Officers
      • Clear concise accurate information on the spot
      • As full a list of options as law allows
      • Clarification for more complex queries
      • Automated Information available
      Call Centre
    • NERA’s Research Call Volumes
    • NERA’s Research
      • Redundancy (55%)
      • Organisation of Working Time (Holidays)
      • Terms and Conditions
      • Payment of Wages
      Key Call Issues
    • NERA’s Research
      • Employees
      • Particpate in SIPTU, ICTU conferences/exhibitions
      • Presentations to groups
      • Employers
      • Roadshows with RAI and SFA
      • Presentations to Chambers, CEB’s
      • Social Partners
      • Training/presentations to CIC’s
      • Work with MRCI, Immigrant groups, etc
      Working with Stakeholders
    • Key Employment Law Requirements
      • Written Statement of Terms and Conditions
      • Written statement of Pay (Payslip)
      • Minimum Wage
      • Annual Leave/Holidays
      • Average 48 hr working week
      • Sunday Premium
      • Breaks/Rest periods
      • Minimum Notice before dismissal
      • An employer must provide his/her employee with a written statement
      • of terms and conditions of employment within two months of the date
      • of commencement of employment
      Terms of Employment (Information) Act, 1994 - 2001 Information to be included in the written statement:-
      • Name of employer and employee
      • Address of employer
      • Place of work
      • Job title/nature of work
      • Date of commencement of employment
      • Duration/expiration of contract (if temporary, fixed term or fixed purpose)
      • Rate of pay and pay intervals
      • Hours of work (overtime/shift patterns/Sunday Work
      • Rest breaks
      • Annual Leave – Other paid leave
      • Sick Leave
      • Pension Schemes
      • Notice employee is entitled to receive and obliged to give
      • Collective agreements affecting employment
      • Info re employees right to request and obtain written statement of average hourly rate of pay as per Minimum Wage Act, 2000
      • Employer must give an employee a written statement of gross wages
      • and details of all deductions with every wage payment
      • The Act provides protection against unlawful deductions or non
      • payment of Wages
      • Employers may not make deductions from wages unless:
      • Deduction is required by law (Tax and Social Insurance)
      • Deduction is made with the written consent of the employee (Trade Union subscription / Health Insurance)
      • Deduction is provided for in the contract of employment
      • )
      Payment of Wages Act , 1991
    • Minimum Wage Act, 2000 RATES OF PAY
      • Trainee rates
      • These may be applied in structured training or study over age 18,
      • Provided they are undertaken in normal working hours and satisfy
      • the following criteria :
      • Related to improving work performance
      • At least 10% away from day to day operational duties
      • Assessment and recognised certification procedure on completion
        • 1st one third period €6.49
        • 2nd one third period €6.92
        • 3rd one third period €7.79
      Minimum Wage Act, 2000 NOTE Each one third period must be at least 1 month and no longer than 12 months
      • An Experienced Adult employee is an employee who has any
      • employment in any two years since age 18 (including employment
      • outside Ireland)
      • Minimum Wage Rates
      • Experienced Adult Employee € 8.65 per hour
      • Job Entrants (i.e. employment in first and second year since age 18)
        • First year €6.92
        • Second year €7.79
      • Under 18s €6.06
      Minimum Wage Act, 2000
      • Maximum Working Hours
      • The maximum average working week is 48 hours and can be averaged as follows:
      • Employees generally 4 months
      • Seasonality 6 months
      • Collective agreement 12 months
      The Organisation of Working Time Act , 1997
      • Sunday Premium
      • If not already included in the rate of pay, employees are entitled to a premium payment or paid time off in lieu for Sunday Work
      • Premium payment should be equivalent to closest applicable collective agreement
      • Employees recruited to work on Sunday only are entitled to a premium rate
      • Rest Breaks
      • 11 consecutive hours daily rest per 24 hour period
      • One period of 24 hours consecutive rest per week – preceded by a daily rest period
      • 15 minutes break in a 4 ½ hours period; 30 minutes in a period of 6 hours worked, which may include the first break
      The Organisation of Working Time Act , 1997
    • Protection of Young Persons (Employment) Act, 1996 Employer must see a copy of birth Certificate or other evidence of age before employing young person (16 &17) or child (under 16) Get written permission of parent or guardian before employing person under 16 Provide a summary of the Act to under 18 within one month of the commencement date commencement
      • This Act provides that employees who have 13 weeks continuous
      • service are entitled to notice as follows (Notice may also be paid in
      • lieu):
      Minimum Notice and Terms of Employment Act, 1973 to 2001 8 weeks 15 years or more 6 weeks 10 to 15 years 4 weeks 5 to 10 years 2 weeks 2 to 5 years 1 week 13 weeks to 2 years Minimum Notice Length of service
      • NERA Inspection Activity
        • Complaints
        • Campaigns
        • Routines
      • Announced and Unannounced Inspections
      • Joint investigations
        • Revenue Commissioners
        • Social and Family Affairs
      NERA’s Inspection Services
    • NERA’s Inspection Services
      • Overall in 2009
      • Over 8,800 employers inspected
      • Over €2.5M for over 6,000 workers unpaid wages identified
      • Overall compliance level of 66%
      • 27 Prosecutions
    • NERA’s Inspection Services Summary of Inspections and Compliance Level by Employment Legislation (2009)
    • NERA’s Inspection Services Summary of Inspections and Breaches Detected by Industry Sector – 2009
    • Carrying out an Inspection - types of Records Sought
      • Gross weekly wages
      • Hours of work (rosters, time sheets, clock cards)
      • Sunday work Records
      • Overtime & Breaks
      • Work after midnight
      • Job classification
      • Date of commencement (and termination)
      • Dates of birth if under 18 & under 20
      • Evidence that employee receives payslip
      • Whether board and lodgings are provided
      • Annual leave and Public holidays
      • Apprenticeship Registration cards
    • Warrant of Appointment
      • Passport-sized
      • Blue Cover with Harp
      • Name, Photo and signature of Inspector
      • Certificate and Warrant of Appointment - list of relevant Acts
    • Summary of Inspectors Powers
      • Enter premises at any reasonable time
      • Request sight of records
      • Take copies of records
      • Interview and require information from any relevant persons
    • Dealing with Non-Compliance
      • Ask employer to rectify any breaches
      • Provide reasonable time-frame to become compliant
      • Close file if compliance achieved
      • Carry out follow-up inspection (6-12 months) to ensure compliance is maintained
      • Escalate to Prosecution Services if employer does not rectify breaches*
      • * In 2008 only 44 cases out of 27,900 inspections, calls and visits were referred for procesution (0.16%)
      • Agreements on pay and conditions
      • made by Joint Labour Committees
      • (JLCs) are known as Employment
      • Regulation Orders
      • (EROs) .
      • Collective Agreements which have
      • been registered with the Labour
      • Court are known as a Registered
      • Employment Agreements (REAs) .
      • There are 67 REAs in force, the
      • most common ones are:
      Employment Regulation Orders/Registered Employment Agreements
      • Aerated Waters & Wholesale Bottling
      • Hairdressing
      • Agricultural Workers
      • Hotels
      • Catering
      • Contract Cleaning
      • Retail Grocery and Allied Trades
      • Security
      • Construction
      • Drapery, Footwear and Allied Trades
      • Electrical Contracting
      • Printing
      • Main issues arising from EROs/REAs
      • Statutory Minimum Rates
      • Sunday Payments
      • Overtime Payments
      • Industrial Relations (Amendment) Bill 2009 (proposed inability to pay clause – Exists for Nat Min Wage: S 41)
      Employment Regulation Orders/Registered Employment Agreements
      • Employment Law Compliance Bill made provision for:
      • Establishment of NERA on statutory footing
      • Standardisation of powers of NERA Inspectors across the range of ‘employment legislation’
      • Maintenance of statutory employment records (payroll; time records)
      • Increased/standardised fines for non-compliance with statutory employment rights
      • Statutory Protection for complainants & whistleblowers
      • Large number of amendments submitted
      • Awaiting Committee Stage
      Employment Law Compliance Bill (No 18 of 2008)
    • Achieving a national culture of employment rights compliance