Employers are legally obliged to provide workers with a written statement of the employment agreement between the two parties (the contract) within one month of the employee commencing employment.
Contract of employment
Have you heard of the WRC?
The Workplace Relations Commission (WRC) is an independent, statutory body which was established under the Workplace Relations Act 2015. This body assumed all of the roles and functions previously carried out by several separate and independent bodies, including:
- National Employment Rights Authority (NERA)
- Equality Tribunal (ET)
- Labour Relations Commission (LRC)
- Rights Commissioners Service (RCS)
- Employment Appeals Tribunal (EAT)
As a result of assuming the individual responsibilities of the above bodies, the WRC has primary responsibility for the following in Ireland:
- promoting the improvement of workplace relations, and maintenance of good workplace relations,
- promoting and encouraging compliance with relevant Acts and enactments,
- providing guidance in relation to compliance with codes of practice,,
- conducting reviews of, and monitor developments in, workplace relations
- conducting or commissioning research into workplace relations matters
- providing information to members of the public in relation to employment.
Within Ireland, the WRC has become most recognised for hearing employment law cases taken by employees against employers under a range of areas from equality to unfair dismissal, and making rulings and appropriate determinations on such cases.
In addition, the WRC employs Inspectors who will carry out workplace inspections across the country to ensure employers are compliant with Irish employment law, and determine whether any breaches of legislation have occurred. These inspections can either be notified in advance or occur unannounced. Where an Inspector determines that a breach of legislation has been demonstrated, they can issue the employer with a Compliance Notice which will state a set period of time in which to rectify these breaches and become compliant with legislation: alternatively, where a breach is of a severe nature and/or a compliance notice is not followed, the Inspector may issue the employer with an appropriate fine ranging from €500 to €2,000 per offence – these fines can be issued on the spot during an inspection.
In order to pass a WRC inspection, employers must have provided their employees with clarity on the terms and conditions of their employment. The contract should explain the relationship between the employer and employee and should not leave any room for misinterpretation or confusion.
A contract outlines the requirements of the position and conditions the person must work against. In the event of poor performance the employer can refer to the contract and all conditions contained therein, and manage the employee against such conditions.
Having a contract in place will offer protection to the company in the event of a dispute or issue arising. This document will safeguard the company in the event of employee litigation or labour court hearings.
Items that must be included in the written terms of employment are:
•Full name of employer
•Full name of employee
•The address of the employer
•The place of work (if there is no permanent place of work, a statement specifying that the employee is required or permitted to work at various places)
•Appointment/job role – The title or description of the job or the nature of the work for which the employee is employed
•The date of commencement of the contract
•If the contract is temporary, the expected duration/end date of employment
•If the contract is for a fixed-term, the date on which the contract expires; if the contract is for a fixed purpose, then the details of the occurrence of that specific purpose
•The rate of pay, the method of calculation and the frequency of payment (this clause should also include provisions on any permissible deductions in accordance with the Payment of Wages Act, 1991)
•The period of notice required from each party to terminate the contract
•The terms and conditions applicable to sick pay, if any
•The terms and conditions applicable to pension (PRSA) schemes, if any
•The terms and conditions relating to paid leave, if any
•The terms or conditions relating to hours of work, including overtime
•Reference should be made to any collective agreement affecting the terms of the contract, whether or not the employer is a party to the agreement, including information about the institutions or organisations which drew up any Collective Agreement which affects the terms of the contract to which the employer is not a party.
An Employee Working Abroad is also entitled to details of the following:
•The period of employment outside the State
•The currency in which they will be paid
•Any other benefits-in-kind or remuneration that will be provided
•The terms and conditions applicable on the employee’s return home
Here are examples of some further terms and conditions of employment that are not required by law but are highly recommended:
•Probationary Period and Probation Policy
•Hours of work / additional hours / overtime / shift liability / weekend liability / night work liability / public holiday liability
•Performance-related bonuses
•Absence Management
•Medical examinations
•Holidays, public holidays, all other forms of leave
•Grievance and Disciplinary Procedures
•Confidentiality
•Company/Intellectual Property
•Phone and Mobile Phone Usage
•Right to Inspect / Search
•Drugs & Alcohol Policy / Right to Test for Intoxicants
•Retirement and Longer Working
•Company Rules and Regulations
•Bullying and Harassment / Respect and Dignity at Work
•Internet, Email & Social Media Usage
•Use of Company Vehicles
•Suspension without pay
•Break and rest periods / exemption provision for employer for recording breaks
•Return of company property
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