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Working Within The Law (Ireland)   Hr Compliance And Nera
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Working Within The Law (Ireland) Hr Compliance And Nera

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Presentation to the Independent Consultants and Advisers Group (of IMCA) on basics of employment compliance issues and NERA

Presentation to the Independent Consultants and Advisers Group (of IMCA) on basics of employment compliance issues and NERA

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  • 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 week The 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, 1996
    The Organisation of Working Time Act, 1997
    Parental Leave Act, 1998
    National Minimum Wage Act, 2000
    Carers Leave Act, 2001
    Redundancy Payments Acts, 1967 to 2003
    Employment Agency Act, 1971
    Protection of Employment Act, 1977
    Protection of Employees (Employers’ Insolvency)
    Payment of Wages Act, 1991
    Employees (Provision of Information and Consultation) Act 2006
     Scope includes entitlements :
    under legislation
    Employment Regulation Orders (EROs)
    Registered Employment Agreements (REAs)
    62 currently
    Sectors include Structural Steel, Grocery and Provision Trade, Motor Trade, Drapery and Allied Trades, Construction Industry, Electrical Contracting Industry
  • Q1 - 4,570calls, interviews and inspections
    Increase of over 46% on Q1 2008
    Recovered arrears due totalling over €471,328
    Highest number of inspections – catering
    Biggest arrears recovered – constructions & catering
    Minimum Wage & OWT
    Largest number of inspection – Protection of Young Persons
  • Sample instead?
  • Proposed changes to Bill include:
    removal of a number of proposed criminal offences;
    removal of the fixed-payment notices provision;
    clarification of the provision requiring employers to display notices in the workplace informing employees of their entitlements and NERA's contact details. It is now proposed that NERA will supply template display notices in appropriate languages and that these notices may be displayed by electronic or other means. This change takes account of the practice of many employers of displaying notices via intranet systems, and allays concerns regarding the form of the notices and the possibility that employers could be at risk of prosecution in circumstances where such notices were removed by third parties;
    amendment of the mandatory provisions regarding the provision of statements of employment (similar to a reference) to employees upon their departure – these statements will now be required only if requested;
    amendment of the bill so as to require employers to keep a copy of any employment permit granted to any of their employees, rather than a copy of every employee's passport or other identity document. This provision had been seen as unnecessarily burdensome. The minister also stated that the provisions on the Employment Permits Acts will also be clarified to assist their operation and enforcement.
  • 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 offence
    OWT - €1500 on summary conviction - €500 for subsequent offences, Directors, secretary, managers of Body corporate liable
    Minimum Wage €200 - €1000 for subsequent offences – Directors etc liable
  • Carer’s Leave – Directors etc liable
    Employee consultation – more than 50 employees – further offences €500 summary, €5000 on indictment

Transcript

  • 1. Consulting Excellence HR & Management Solutions Consulting Excellence HR & Management Solutions Human Resources A practical guide to working within the Law Jackie Prendergast
  • 2. Consulting Excellence HR & Management Solutions 1. 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. Consulting Excellence HR & Management Solutions 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. Consulting Excellence HR & Management Solutions Employment compliance is not new! How many pieces of legislation to you think impact the employment relationship? Employment Compliance Environment Consulting Excellence HR & Management Solutions
  • 5. Consulting Excellence HR & Management Solutions 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 Employment Compliance Consulting Excellence HR & Management Solutions
  • 6. Consulting Excellence HR & Management Solutions 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. Consulting Excellence HR & Management Solutions 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. Consulting Excellence HR & Management Solutions 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. Consulting Excellence HR & Management Solutions 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. Consulting Excellence HR & Management Solutions 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. Consulting Excellence HR & Management Solutions 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. Consulting Excellence HR & Management Solutions 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. Consulting Excellence HR & Management Solutions 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. Consulting Excellence HR & Management Solutions 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. Consulting Excellence HR & Management Solutions 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. Consulting Excellence HR & Management Solutions 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. Consulting Excellence HR & Management Solutions 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. Consulting Excellence HR & Management Solutions 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. Consulting Excellence HR & Management Solutions 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. Consulting Excellence HR & Management Solutions 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