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The Contract of Employment in Ireland-Employment Rights in Irish Employment Law


Published on The contract of employment is the basis of the employer/employee relationship in Irish employment law.This looks at the employment contract from the perspective of employers and employees in Ireland

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The Contract of Employment in Ireland-Employment Rights in Irish Employment Law

  1. 1. The Employment Contract in Irish Employment Law
  2. 2. 1. Advertising the position2. Interviewing candidates3. Conditions precedent..are 3 critical areas for employers prior toawarding an employment contract
  3. 3.  Wording of the ad is critical Does it discriminate? Employment equality legislation is important here
  4. 4.  Asking discriminatory questions? Employment Equality Acts 1998-2004 outlaws discrimination on 9 grounds Eg marital status, membership of the travelling community, etc.
  5. 5.  Job offer should be made on certain conditions Eg healthy enough to do job, clean driving licence, references?
  6. 6.  Implied terms eg right not to be discriminated against, right to notice, right to breaks/annual leave These are terms implied by Statute Terms implied by custom and practice Terms implied by common law eg employers’ duty of care, employees’ duty of confidence and trust
  7. 7.  Are those spelled out in the contract Can be oral or in writing
  8. 8.  Employee must be given a statement, within 2 months, setting out certain information about the employment contract
  9. 9.  As well as the statutory obligation to provide certain information it is advisable for the employer to put in additional terms Eg illness pay Retirement age Time off work Probationary period Bullying and harassment procedures Grievance and disciplinary procedures
  10. 10.  Fixed term contract ends on a particular date or on the occurrence of a specific event Protection of Employees (Fixed Term Work) Act, 2003 protects these employees
  11. 11.  Fixed term contracts cannot be renewed indefinitely or.. A Contract of Indefinite Duration (CID) may arise
  12. 12.  Generally, fixed term workers cannot be treated less favourably than their permanent counterparts
  13. 13.  2 crucial points about terminating a contract of employment 1. the notice period is set down by statute and/or contract 2. the reason for termination is important lest a claim for unfair dismissal arises
  14. 14.  Changing a contract of employment must be treated carefully Employer cannot change it unilaterally
  15. 15.  For more free information about employment law in Ireland visit or email