Working Within The Law (Ireland) Hr Compliance And Nera

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    Notes on slide 1

    Whilst the full contract does not have to be in writing, certain terms and conditions of employment must be stated in writing within two months of the employee starting employment. These would typically include the method of calculating pay and whether or not there is a sick pay scheme in operation. (For fixed term employees it would also include in what circumstances their employment will come to an end.) The payslip should set out gross pay and list all deductions made from it. Most experienced adult 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 under 18 and trainees or apprentices. There are also certain industries in Ireland where a higher minimum wage applies, including the construction industry. Further information on these industries is available from our industry specific pages. A maximum working week average of 48 hours a weekThe maximum 48 hour week is based on an average calculated over a four, six, or twelve-month period depending on the industry. Employers must keep a record of how many hours an employee works. Workers have the right to a 15-minute break if working four and a half hours of work and a 30-minute break if working six hours of work. Full-time workers have the right to four working weeks paid annual leave per year. Part-time workers have the right to a proportional amount of annual leave based on the amount of time they work. Workers are entitled to a minimum amount of notice if their employment ceases. The minimum amount of notice depends on the length of service. As an employer, it is important to maintain records in relation to your employees and their entitlements and it is in your interest to do so. Keeping these records means that you will be prepared should a NERA inspector call and provides evidence that you are compliant with employment rights legislation.

    NERA’s powers come from the following legislation: Protection of Young Persons (Employment) Act, 1996The Organisation of Working Time Act, 1997Parental Leave Act, 1998National Minimum Wage Act, 2000Carers Leave Act, 2001Redundancy Payments Acts, 1967 to 2003Employment Agency Act, 1971Protection of Employment Act, 1977Protection of Employees (Employers’ Insolvency)Payment of Wages Act, 1991Employees (Provision of Information and Consultation) Act 2006 Scope includes entitlements :under legislationEmployment Regulation Orders (EROs)Registered Employment Agreements (REAs)62 currentlySectors include Structural Steel, Grocery and Provision Trade, Motor Trade, Drapery and Allied Trades, Construction Industry, Electrical Contracting Industry

    Q1 - 4,570calls, interviews and inspectionsIncrease of over 46% on Q1 2008Recovered arrears due totalling over €471,328Highest number of inspections – cateringBiggest arrears recovered – constructions & cateringMinimum Wage & OWTLargest number of inspection – Protection of Young Persons

    Sample instead?

    Payroll details (Gross to Net, Rate per hour, Overtime, Deductions, Shift and other Premiums and Allowances, Commissions and Bonuses, Service Charges, etc.)

    Protection of Young Persons - €1500 on summary conviction - €250 if continues to contravene for each offenceOWT - €1500 on summary conviction - €500 for subsequent offences, Directors, secretary, managers of Body corporate liableMinimum Wage €200 - €1000 for subsequent offences – Directors etc liable

    Carer’s Leave – Directors etc liableEmployee consultation – more than 50 employees – further offences €500 summary, €5000 on indictment

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    Working Within The Law (Ireland) Hr Compliance And Nera - Presentation Transcript

    1. Human Resources A practical guide to working within the Law
      Jackie Prendergast
    2. Employment Compliance and NERA in Context.
      Employment Compliance Environment
      NERA – what is happening now
      NERA and the future of employment compliance
      Key recording requirements
      Impact and penalties
      AGENDA
      Consulting Excellence
      HR & Management Solutions
    3. 2. The Rights and Wrongs of Redundancies
      Overview of Redundancy legislation requirements
      Guidance on how to get redundancies right the first time
      Selected case studies from recent employment tribunal decisions
      AGENDA
      Consulting Excellence
      HR & Management Solutions
    4. Employment Compliance Environment
      Employment compliance is not new!
      How many pieces of legislation to you think impact the employment relationship?
      Consulting Excellence
      HR & Management Solutions
    5. Employment Compliance
      What are your main responsibilities?
      Written statement of terms and conditions of employment
      Written statement of pay or ‘payslip’
      A minimum wage
      Unpaid breaks during working hours
      Annual leave from work
      Minimum amount of notice before dismissal
      Maintain records
      Consulting Excellence
      HR & Management Solutions
    6. Established on an interim basis by the Government in February 2007
      Arose from a commitment under Towards 2016
      Replaced and built upon Labour Inspectorate
      Facilitates joint investigations (Revenue / DFSA)
      NERA – What is happening now?
      Consulting Excellence
      HR & Management Solutions
    7. NERA aims to secure compliance and to foster a culture of compliance through five main functions:
      Information
      Inspection
      Enforcement
      Prosecution
      Protection of Young Persons
      NERA – What is happening now?
      Consulting Excellence
      HR & Management Solutions
    8. Under current powers NERA can:
      Enter any premises at a reasonable time
      Demand sight of records
      Inspect records
      Take copies of records
      Interview and require information from any relevant person
      NERA – What is happening now?
      Consulting Excellence
      HR & Management Solutions
    9. Calls etc 2008 - 27,900 Q1 - 4,570
      Up 96% on 2007, 46% on Q1 2008
      4629 breaches of employment law
      Recovered €3 million, Q1 - €471,328
      Highest number of inspections – catering
      Minimum Wage & OWT
      NERA – What is happening now?
      Consulting Excellence
      HR & Management Solutions
    10. Practices uncovered / problems encountered include:
      No records or failing to produce
      Falsifying records
      Working over limit
      Paying for less hours than worked
      Paying less than minimum wage
      Not providing payslips
      Making unlawful deductions
      NERA – What is happening now?
      Consulting Excellence
      HR & Management Solutions
    11. NERA, Directorate and Tripartite Advisory Board
      Strengthening powers of inspection
      Taking of evidence on oath
      Greater access to premises, personnel and data
      Empowering NERA to prosecute summary offences
      Examine employment permits
      NERA – The future
      Consulting Excellence
      HR & Management Solutions
    12. Joint investigations (Revenue Commissioners, Social Welfare inspectors and An Garda Síochána)
      Introduction of 23 new criminal offences
      Greater penalties
      up to €5,000 and/or 12 months’ imprisonment for summary offences
      €250,000 and/or 3 years’ imprisonment for indictable offences
      NERA – The future
      Consulting Excellence
      HR & Management Solutions
    13. Introduction of “fixed payment notice” for non display (€500-€1000)
      Protection of whistleblowers
      Comprehensive list of documents (last 3 yrs + 2 yrs)
      Payment of costs of investigation
      Name and shame
      Personal liability for officers
      Resolution of disputes (statutory obligation)
      NERA – The future
      Consulting Excellence
      HR & Management Solutions
    14. Employer registration number
      Full Name, Address and PPS Number
      Copy of written terms and conditions of employment for each employee
      Employees’ job classification
      Start (and end) dates
      Key Recording Requirements
      Consulting Excellence
      HR & Management Solutions
    15. Payroll details
      Copies of Payslips
      Hours of work for each employee
      Holiday / public holidays entitlement and taken
      Board / lodgings
      Register of employees under 18
      Key Recording Requirements
      Consulting Excellence
      HR & Management Solutions
    16. Protection of Young Persons - €1500 on summary conviction
      OWT - €1500 on summary conviction + money due
      Parental Leave - Compensation up to 20 weeks pay
      Minimum Wage - £1,500 on summary conviction and/or up to 6 months, or on conviction on indictment, up to £10,000 and/or up to 3 years
      Impact and fines
      Consulting Excellence
      HR & Management Solutions
    17. Carer’s Leave – up to €3000 on summary conviction
      Employees (Provision of Information & Consultation) – up to €3,000 on summary conviction and/or up to 6 months or up to €30,000 on conviction on indictment and/or3 years
      Payment of Wages €1200 for non-compliance or obstruction + monies due
      Impact and fines
      Consulting Excellence
      HR & Management Solutions
    18. Additional under new bill
      Additional recording requirements
      Criminal offences
      €5000 summary conviction - €250000 on conviction on indictment
      On conviction can be disbarred from being Director
      Impact and fines
      Consulting Excellence
      HR & Management Solutions
    19. Employment Compliance is not new
      Existing recording requirements
      NERA have powers now
      New legislation means:
      Increased recording
      Increased fines
      Shared information and joint investigations
      Criminal offences
      Can be removed as Director
      Summary
      Consulting Excellence
      HR & Management Solutions
    20. If you or your clients are unsure of your level of compliance it is time to get your house in order!
      Action
      Consulting Excellence
      HR & Management Solutions

    + Consulting ExcellenceConsulting Excellence, 3 months ago

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