An Introduction to
Employment Law
1
About TalentPool
We are a firm of business people who have
come together to provide a mentoring, and
training organisation...
Aim of the Day
The aim of this programme is to give you the
essentials in relation to their responsibilities as
an employe...
Learning Objectives
4
Duties of an employer
Duties of the employee
Health and Safety Considerations
Health and Safety Trai...
Who is working for you?
5
Measure Twice Cut Once
1. Interview Process
2. Qualifications
3. Experience
4. References
6
To be sure to be Sure
Setting Clear Expectations
Setting Clear Standards
Probation Period
Progress check
Feedback to New E...
Types of Contracts
Fixed Term Contracts
Part Time Contracts
Flexible Contracts
Full Time Contracts
8
Provision of Services Versus
Employment Contract
Provision of Services is where a company or
person provides a service to ...
EMPLOYMENT CONTRACTS
10
Expressed Terms
Implied Terms
Implied by custom an Practice in Trade
Formation of the Contract
DUTIES OF AN EMPLOYER
12
To provide Work
To pay wages or remuneration
To provide for the Safety of the employees
To indemnify employees except wher...
DUTIES OF THE EMPLOYEES
14
To give personal Service
To obey lawful orders
To exercise reasonable care and skill
To act in good faith
To maintain secr...
EMPLOYMENT
LAW
Right to information about contract of
employment
2001 Act removed exclusion for those
working under 8 hours per week
Act ...
Essential Ingredients of a Contract of Employment
Nature of Post of employment Temporary/Permanent
Duration of employment
...
Where employee is required to work outside state
must get written statement with period required,
currency paid, benefits ...
Regulates payment of wages,
Wages must be readily negotiable method
Must get payslip with payments and
deductions
Gives pr...
Wages can be paid by cash, cheque, bank draft,
money order, credit transfer, any other method
specified by the Minister fo...
Statutory Maximum Working Time, Rest and Holidays
Each 7 days can only work on average 48 hours
When working midnight to 7...
Employees not covered include seafarers,
fishermen, lighthouse staff, established civil
servants etc.
If sick cert provide...
HEALTH AND SAFETY
24
EMPLOYEE INDUCTIONS
Contract of Employment Signed
Safety Induction, Done and Signed off
Job Induction
Walk around Premises...
Employer responsible for this
Obliged to provide safe working conditions
Must have a safety statement
Employees responsibl...
Outlaws Discriminatory Practises in relation to
interviewing, access to employment, access to
training and pay conditions....
Compliments Employment Equality Acts 1998 –
2007 to protect against discrimination in non
employment areas
Direct and indi...
Young persons = workers under 18
Covers Minimum entry age for employment
limits working hours
Rest intervals
Prohibition o...
If under 18 employer must get birth cert
Under 15 years of age prohibited
Maximum of 8 hours in day, 40 hours per
week
Und...
If under 18 employer must record
Full Name
Date of birth
Time of commencement of work each day
Time of termination of work...
Statutory entitlements for all pregnant
employees
26 weeks off, taking at least 2 before and 5
weeks after birth
Entitled ...
Can get maternity related benefit during leave
Can take an additional 16 weeks unpaid leave
after maternity leave
Employee...
Entitles adopting mother or sole Adopting
father to 24 weeks of adoptive leave
Must be adoption order in place
Employee mu...
Unpaid leave to provide full-time care for a person in need of such
care
Maximum leave is 65 weeks
Employees employment ca...
Brings part time workers under same scope
of existing legislation
Must have 12 months continuous service
under Unfair Dism...
Employer must put contract in writing
Cannot be treated less favourably than full
time workers, cannot continuously renew
...
National Minimum wage is €8.65
Employees entitled to written statement on
wages
Can go to Rights Commissioner where
employ...
Provides for granting of employment permits
to foreign nationals
Employer required to pay for the fee. Permit
granted to e...
Under EU council employees must be
informed of changes that will affect them
where there is at least 50 employees
Employer...
By agreement with Notice
By death of employer or employee
By Frustration
By Insolvency
By Breach of Contract
Termination o...
BY EMPLOYER TO EMPLOYEE
Length of Service Minimum Notice
13 weeks to 2 yearsOne week
2 years to 5 years Two Weeks
5 years ...
If employee working more than 13 weeks,
must give at least 1 weeks notice
Employer or employee can voluntarily waive
their...
Protects employees form being unfairly
dismissed.
Employees excluded have less than one years
service, at retirement age, ...
Dismissed unfairly if
No notice given
due to conduct of employer
(constructive dismissal)
Fixed term contract not renewed
...
Substantial Grounds for dismissal
Lack of skill
Conduct of employee
Redundancy
Continuation would break law
Employer must ...
Employee can be referred to Employment
Appeals Tribunal in First Place
May be referred to employees Appeals
Tribunal.
May ...
Reinstatement – Job back
Re-engagement in job or equivalent
Financial Compensation
An employee fund to have been unfairly
...
Can occur when
-Employer ceases to trade
-Requirements of business cease
-Employer reduces employees
-Employer uses differ...
Gives rebates to employers who pay lump
sums
Pays employee when employer refuses to pay
Pays outstanding amounts due to em...
Over 16 years of age
Employment insurable under Social Welfare
Acts
2 years continuous employment
Dismissal or frustration...
One weeks pay plus two weeks pay
irrespective of age for every continuous year
of employment subject to a ceiling of €600
...
Seeks to prevent large-scale compulsory
replacement of workers in Ireland by lower-
paid alternatives.
Protection of Emplo...
An Introduction to
Employment Law
brought to you
by
Talentpool Ltd
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An Introduction to Employment Law in Ireland

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An easy to use introduction to relevant employment legislation in Ireland for Supervisors and Newly promoted Managers.

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An Introduction to Employment Law in Ireland

  1. 1. An Introduction to Employment Law 1
  2. 2. About TalentPool We are a firm of business people who have come together to provide a mentoring, and training organisation. We provide a range of services ranging from Bookkeeping to Marketing, to Tweet Bureau to website advice, and mentor support. We make sure your business works for you Check out www.talentpoolltd.ie 2
  3. 3. Aim of the Day The aim of this programme is to give you the essentials in relation to their responsibilities as an employer 3
  4. 4. Learning Objectives 4 Duties of an employer Duties of the employee Health and Safety Considerations Health and Safety Training Contracts of Employment Different types of Contracts Employee Relationship Management Disciplinary Procedures Rates of Pay Dealing with Unions Conflict Resolution
  5. 5. Who is working for you? 5
  6. 6. Measure Twice Cut Once 1. Interview Process 2. Qualifications 3. Experience 4. References 6
  7. 7. To be sure to be Sure Setting Clear Expectations Setting Clear Standards Probation Period Progress check Feedback to New Employee Feedback from New Employee Get out of gaol clause 7
  8. 8. Types of Contracts Fixed Term Contracts Part Time Contracts Flexible Contracts Full Time Contracts 8
  9. 9. Provision of Services Versus Employment Contract Provision of Services is where a company or person provides a service to you. The same Laws apply in relation to termination of contracts as with any other service 9
  10. 10. EMPLOYMENT CONTRACTS 10
  11. 11. Expressed Terms Implied Terms Implied by custom an Practice in Trade Formation of the Contract
  12. 12. DUTIES OF AN EMPLOYER 12
  13. 13. To provide Work To pay wages or remuneration To provide for the Safety of the employees To indemnify employees except where employee breaks law employee had no right to give order Common Law Duties of the Employer
  14. 14. DUTIES OF THE EMPLOYEES 14
  15. 15. To give personal Service To obey lawful orders To exercise reasonable care and skill To act in good faith To maintain secrecy To indemnify their employer – reimburse for damages done Common Law Duties of the employee
  16. 16. EMPLOYMENT LAW
  17. 17. Right to information about contract of employment 2001 Act removed exclusion for those working under 8 hours per week Act does not apply to employee who will work under one month Agency or company must give particulars of employment in writing (Contract of Employment) Terms of Employment (Information) Acts 1994 - 2001
  18. 18. Essential Ingredients of a Contract of Employment Nature of Post of employment Temporary/Permanent Duration of employment Duties hours and overtime from time to time Working hours Salary or Hourly rate Travel and subsistence allowances where relevant Holiday entitlements Special Leave – Compassionate leave, forced madure leave, Sick Leave entitlements Notice of Termination of employment Maternity Procedures and entitlements Medical examinations (if applicable) Declaration and signatures – employee and employer (both sign this document) Probation Period details will usually also be listed. Contract of Employment must include
  19. 19. Where employee is required to work outside state must get written statement with period required, currency paid, benefits in cash, terms of repatriation. Statement must be signed by employer If employee leaves within two months, must still be given above statement Employers required to give employees under 18 copy of the Official Summary of the Protection of Young Persons (Employment) Act 1977 Employee can complain to Rights Commissioner where employer fails to give employment contract. Terms of Employment (Information) Acts 1994 - 2001
  20. 20. Regulates payment of wages, Wages must be readily negotiable method Must get payslip with payments and deductions Gives protection against unlawful deductions from wages. Act Applies to Employee, Apprentice, agency or sub- contractor, employee in the service of state Payment of Wages Act 1991
  21. 21. Wages can be paid by cash, cheque, bank draft, money order, credit transfer, any other method specified by the Minister for Enterprise, Trade and Employment. Must be a written statement with every payment Statements must be confidential Employers can only deduct PAYE, PRSI, VHI or agreed loans etc. Employees can complain to Rights Commissioner Transitional arrangements apply to employees paid by other method than cash when Act of 1979 came in. Payment of Wages Act 1991
  22. 22. Statutory Maximum Working Time, Rest and Holidays Each 7 days can only work on average 48 hours When working midnight to 7am can only work average 8 hours per every 24 hour period Entitled to a weekly rest break of 24 consecutive hours Act permits exceptions to rest provisions in event to exceptional circumstances Minimum holidays (pro rata) is 4 weeks. Part time employees get 6 hours holidays for every hundred hours worked Organisation of Working Time Act 1977
  23. 23. Employees not covered include seafarers, fishermen, lighthouse staff, established civil servants etc. If sick cert provided leave not counted as holidays Holiday time off determined by employer Pay for time off at normal rate When leaving must be paid any outstanding holidays due Entitlement to the Nine Public Holidays as well Organisation of Working Time Act 1977
  24. 24. HEALTH AND SAFETY 24
  25. 25. EMPLOYEE INDUCTIONS Contract of Employment Signed Safety Induction, Done and Signed off Job Induction Walk around Premises Equipment Training Emergency Procedures 25
  26. 26. Employer responsible for this Obliged to provide safe working conditions Must have a safety statement Employees responsible to taking reasonable care with machinery etc Health and Safety Authority established under the 1989 Act to enforce Occupational Safety and Health Safety, Health and Welfare at Work Act 2005
  27. 27. Outlaws Discriminatory Practises in relation to interviewing, access to employment, access to training and pay conditions. Cannot discriminate under the following grounds - gender, -marital status,- family status, -age, -race, - religious belief, -disability, -sexual orientation and – -membership of the Traveller community. The Act also prohibits sexual and other harassment. Act established Equal Authority to enforce the Act Employment Equality Acts 1998 - 2007
  28. 28. Compliments Employment Equality Acts 1998 – 2007 to protect against discrimination in non employment areas Direct and indirect discrimination under 9 grounds Covers discrimination against disability Exemptions where provision of service would cause substantial risk or damage Claimants must notify person who claim is being made about Equal Status Acts 2000 -2004
  29. 29. Young persons = workers under 18 Covers Minimum entry age for employment limits working hours Rest intervals Prohibition of night work Protection of Young Persons (Employment) Act 1996
  30. 30. If under 18 employer must get birth cert Under 15 years of age prohibited Maximum of 8 hours in day, 40 hours per week Under 16 must have 21 day break in summer 14 consecutive days off and 2 days off per week Between 16 and 18 must have 30 min break after working more than 4 ½ hours. Under 16’s cannot work before 8am or after 8pm
  31. 31. If under 18 employer must record Full Name Date of birth Time of commencement of work each day Time of termination of work each day Rate of Wages, salary, normal working hours Total wages or salary paid
  32. 32. Statutory entitlements for all pregnant employees 26 weeks off, taking at least 2 before and 5 weeks after birth Entitled to take time off without loss of pay for antenatal and postnatal care To exercise right employee must inform employer 4 weeks before leave, and give medical certificate to confirm expected week of confinement Maternity Protection Acts 1994- 2004
  33. 33. Can get maternity related benefit during leave Can take an additional 16 weeks unpaid leave after maternity leave Employee not obliged to return to work but must give employer 2 weeks notice of return When employer cant oblige must offer employee suitable alternative post Breastfeeding mothers can be given health and safety leave While on maternity leave entitled to full annual leave
  34. 34. Entitles adopting mother or sole Adopting father to 24 weeks of adoptive leave Must be adoption order in place Employee must give 4 weeks notice in writing Must inform employer in writing about intent to return 4 weeks prior Adoptive Leave Acts 1995 - 2005
  35. 35. Unpaid leave to provide full-time care for a person in need of such care Maximum leave is 65 weeks Employees employment cannot be affected by taking leave 6 weeks notice in writing needed to recommence work given by employee Employee must give to employer copy of decision by Dept of Social and Community and Family affairs Employers must make record of leave or else there is a fine of €3000 for failing to do so At end employee entitled to return to work under same contract and conditions Employee can complain to rights Commissioner Carers Leave Act 2001
  36. 36. Brings part time workers under same scope of existing legislation Must have 12 months continuous service under Unfair Dismissals Act and 2 years continuous service to get Redundancy Payments Protection of Employees (Part-Time Work) Act 2001
  37. 37. Employer must put contract in writing Cannot be treated less favourably than full time workers, cannot continuously renew contracts Can only work on fixed term contracts for 4 years and must get a permanent contract Protection of Employees (Fixed Term Work) Act 2003
  38. 38. National Minimum wage is €8.65 Employees entitled to written statement on wages Can go to Rights Commissioner where employer fails to give written statement on average hourly rate. National Minimum Wage Act 200
  39. 39. Provides for granting of employment permits to foreign nationals Employer required to pay for the fee. Permit granted to employee and not employer Act allows for inspections by Authorised Officers. Employment Permits Acts 2003 - 2006
  40. 40. Under EU council employees must be informed of changes that will affect them where there is at least 50 employees Employers can put in pre-existing agreements to suit circumstances Employers must provide information on organisations activities and consultation must take place Employees (Provision of Information and Consultation) Act 2006
  41. 41. By agreement with Notice By death of employer or employee By Frustration By Insolvency By Breach of Contract Termination of the Contract
  42. 42. BY EMPLOYER TO EMPLOYEE Length of Service Minimum Notice 13 weeks to 2 yearsOne week 2 years to 5 years Two Weeks 5 years to 10 years Four weeks 10 years to 15 years Six Weeks More than 15 years Eight Weeks Minimum Notice and Terms of Employment Acts 1973 - 2005
  43. 43. If employee working more than 13 weeks, must give at least 1 weeks notice Employer or employee can voluntarily waive their rights. Minimum Notice and Terms of Employment Acts 1973 - 2005
  44. 44. Protects employees form being unfairly dismissed. Employees excluded have less than one years service, at retirement age, close relatives, defence forces, gardai, Fas trainees, state employees, officers of local authorites, fixed term contract, trainees, illegal contracts Unfair Dismissals Acts 1977 - 2007
  45. 45. Dismissed unfairly if No notice given due to conduct of employer (constructive dismissal) Fixed term contract not renewed Unfair Dismissals Acts 1977 - 2007
  46. 46. Substantial Grounds for dismissal Lack of skill Conduct of employee Redundancy Continuation would break law Employer must give written reason within 14 days if required. Claims of unfair dismissals must be made within 6 months. Can go before Rights Commissioner Unfair Dismissals Acts 1977 - 2007
  47. 47. Employee can be referred to Employment Appeals Tribunal in First Place May be referred to employees Appeals Tribunal. May then go circuit court if employer does not comply within 6 weeks At this court employer must prove that dismissal was fair. Unfair Dismissals Acts 1977 - 2007
  48. 48. Reinstatement – Job back Re-engagement in job or equivalent Financial Compensation An employee fund to have been unfairly dismissed but who has not suffered financial loss will get a max. Of 4 weeks pay as compensation Remedies for Unfair Dismissal
  49. 49. Can occur when -Employer ceases to trade -Requirements of business cease -Employer reduces employees -Employer uses different practises -Employer gets another employee to do work which existing employee cannot do. Redundancy Payments Act 1967 -2007
  50. 50. Gives rebates to employers who pay lump sums Pays employee when employer refuses to pay Pays outstanding amounts due to employee Social Insurance Fund
  51. 51. Over 16 years of age Employment insurable under Social Welfare Acts 2 years continuous employment Dismissal or frustration will not merit redundancy payments Those entitled to Redundancy Payment
  52. 52. One weeks pay plus two weeks pay irrespective of age for every continuous year of employment subject to a ceiling of €600 per week. Payment Calculations
  53. 53. Seeks to prevent large-scale compulsory replacement of workers in Ireland by lower- paid alternatives. Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007
  54. 54. An Introduction to Employment Law brought to you by Talentpool Ltd

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