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Yearly Archives: 2015

Breaks and Rest Periods in the Irish Workplace

Under the Organisation of Working Time Act 1997 every single employee in Ireland has a legal entitlement to breaks during their working day (or night) and is entitled to have clearly defined rest periods between their working days/nights. Under the Organisation of Working Time Act, 1997 a rest period is defined as any time that is not ‘working time’. In general, an employee is entitled to a 15 minute break after the completion of 4.5 hours of work. If the employee is working a shift of 6 hours then he or she is entitled to a 30 minute break (the first break of 15 minutes can be included in this 30 minute break allocation). The employer is not obliged to pay employees for these break periods and they are not included when counting the total amount of time that the employee has worked. The regulations vary slightly for different categories of employees - for instance, shop employees who work more than 6 hours at a time are entitled to a break of one consecutive hour between the hours of 11:30 and 14:30 if they are scheduled to be in the workplace during that time. Employees are entitled to 11 consecutive hours of rest in a 24 hour period – on top of this, an employee should receive 24 consecutive rest hours in every 7 day period and this 24 hour allocation should follow an 11 hour rest period. Where an employer does not give his or her employee a full 24 hour consecutive rest period throughout the course of one week he or she must give two of these 24 hour rest periods in the following week.  This rest period, unless otherwise stated, should include a Sunday. Not all employees are governed by the break and rest period rules described above. Members of An Garda Síochána, The Defence Forces and employees who manage their own working hours are exempt.  Family employees on farms or in private homes are also excluded from the Organisation of Working Time Act, 1997 directives. The working terms and conditions for people under the age of 18 differ from those listed here. They are regulated by the Protection of Young Persons (Employment) Act, 1996. Breaks and Rest Periods In exceptional circumstances or emergencies an employer is exempt from providing the above mentioned rest periods but only where he or she provides equivalent compensatory rest. Where the rest period is postponed the employer must allow the employee to take the compensatory rest within a reasonable period of time. Employees working in transport activities or certain categories of civil protection services are exempt from the statutory break regulations specified above (the equivalent compensatory rest rules do not apply for these employees). Employers should be aware that employees have 6 months to make a complaint regarding breaks and rest periods in the workplace (in extreme circumstances this period can be extended to 12 months).

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By |2017-01-02T10:59:53+00:00June 17th, 2015|Breaks|0 Comments
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Employee dismissed for nonconsensual use of premises awarded €25k

Unfair Dismissal A recent Labour Court recommendation where a former employee was awarded €25,000 in compensation for Unfair Dismissal illustrates why employers should make sure to attend any hearings that involve them.   The case in question concerns a former employee's claim that he was Unfairly Dismissed after he used the Company premises without the permission of his employer. In accordance with section 20(1) of the Industrial Relations Act, 1969, this particular worker referred his case to the Labour Court in June of 2013. He agreed to be bound by the Recommendation of the Labour Court. A Labour Court hearing took place in February of this year; however, the Company declined to attend the hearing and did not appoint any representation. This meant that the evidence submitted was solely that of the Claimant. The Court found it 'regrettable' that the employer declined to attend the hearing in any form and found it disappointing that the Company did not avail of its opportunity to present the version of events leading to this dispute from their perspective. The former employee accepted that he had used the Company's premises without prior consent. However, he did not accept that his behaviour constituted gross misconduct and, consequently, he contested the gravity of the punishment. The employee argued that his dismissal was disproportionate to his actions and maintained that the dismissal was unfair. Unfair DismissalBased on the uncontested submissions of the employee (the Claimant) the Court was satisfied that the penalty of dismissal was inconsistent with the actions of the employee and the Court determined that a warning would have been more appropriate in the circumstances. According to the Court, the dismissal was both procedurally and substantially unfair and so the Court recommended that the Company pay compensation in the amount of €25,000 to their former employee in respect of his Unfair Dismissal. This figure was to be in full and final settlement.  

The difference between Constructive and Unfair Dismissal:

Constructive Dismissal is the term used when an employee terminates his or her employment based on the conduct of the employer. Unfair Dismissal is slightly different in that unfair dismissal cases arise when the employee feels as though he or she has been dismissed by the employer on unfair grounds. Unlike in an unfair dismissals case where dismissal is deemed to be unfair unless proven otherwise and justified by the employer - in constructive dismissal instances the onus is on the employee to prove that their resignation was based on poor employer conduct. Employees claim constructive dismissal/unfair dismissal under the Unfair Dismissals Acts 1977-2007. If it is found that the employee has been unfairly dismissed he or she could either be awarded compensation for the loss of earnings suffered by the dismissal or could be placed back in their original role – However, this is not common practice due to the expected tension or strained relationship between employer/employee and due to the amount of time that is likely to have passed between the termination of the employment contract and the resolution of the case. Typically, an employee needs to have accrued 52 weeks’ continuous service with the employer. However, it is crucial for the employer to bear in mind that 52 weeks’ continuous service is not always an essential element. Employees dismissed for trade union membership or because they are pregnant/exercise their right to parental leave, for instance, do not have to have accrued 12 months’ continuous service prior to claiming unfair/constructive dismissal under the Acts.   If the employer acts unreasonably towards the employee or breaches the contract of employment (or demonstrates that they no longer intend to adhere to the terms and conditions outlined therein) then the employer is at risk of a claim under the Acts. It is important for employers to be aware of everything that occurs in their workplace as even other employees’ behaviour that goes unchecked by the employer could contribute to a constructive dismissal case. It is also very important for employers to attend Labour Court hearings if they are scheduled so they can give evidence in support of their decision. Also, the Court can look less favourably upon employers who fail to attend and can award higher levels of compensation to the employee.  
By |2017-01-02T11:00:01+00:00June 17th, 2015|Compensation|0 Comments
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Trade Disputes and Industrial Action

  StrikeAccording to the Industrial Relations Act, 1990 a Trade Dispute is any dispute between employers and employees that is “connected with the employment or non-employment, or the terms or conditions of or affecting the employment, of any person”. Industrial Action is collective action taken by employees to compel their employer to “accept or not to accept terms or conditions of or affecting employment.”        Typically, employees decide to take industrial action as a result of a grievance over pay, hours of work, holidays or in support of a co-worker (or former co-worker) who is deemed to have been treated unfairly in some way. Examples of industrial action may include strike action, a picket, a ‘work-to-rule’ or even an overtime ban. Employers should make every effort to avoid industrial action by maintaining a harmonious working environment because industrial action can be an extremely trying time for all concerned. A strike is a work stoppage that is caused by the mass refusal of employees to carry out their work activities.  Strikes and industrial action in general, are extremely disruptive to a company’s daily operations and can be damaging in both the short and long term. Strikes can last varying amounts of time but even short work stoppages tend to be quite destructive for companies as they can carry negative publicity with them along with the obvious operational drawbacks. A picket is a form of protest where picketers (those involved in the picket) assemble outside of their workplace, or a relevant area, in an attempt to draw attention to their cause or to discourage others from entering the premises (crossing the picket line).  The objective of picketing is to harm the company via a loss of business or through negative publicity. The goal is to persuade the employer to meet picketers’ demands to cease certain activities or introduce a pay increase or reverse a decision regarding redundancies, for instance. A ‘work-to-rule’ is where employees do the bare minimum during their work hours. They carry out the tasks required by their contract of employment and nothing more in order to slow down productivity. Employees seek to demonstrate that they are valuable to the company and perform tasks that are above and beyond what they are contractually obliged to do on a regular basis. An overtime ban is similar to a ‘work-to-rule’ in that employees take direction from their contracts of employment. Throughout an overtime ban, employees only work the hours that they are bound by in their contract. As the name suggests, employees refuse to work any overtime.

Strikes in the news:

SIPTU Services Industrial Professional and Technical Union (SIPTU) employees at Dublin Street Parking Services, the vehicle clamping Company in Dublin, are due to be balloted today, Monday, 10th March 2014, on whether or not they should go on strike. The dispute is over an outstanding pay rise that is owed since 2011. John King, SIPTU Organiser, stated that it is likely that the members will decide to strike over the 2.5% pay rise that they agreed to postpone until 2013 because they are still waiting for it to be applied. Dublin City Council is threatening to pay the Company less for the service it provides if it does not meet the new target of 60,000 clamped vehicles per year. Pay RiseSIPTU employees of the DAA and Aer Lingus are also threatening strike action as the dispute over their pension scheme continues. They are due to hold a four hour work stoppage at Dublin, Cork and Shannon on Friday, 14th March 2014 – just as the airport gets busy for the St. Patrick’s Day weekend. This strike could prove to be extremely disruptive to many individuals hoping to travel during the four hour stoppage and for the hours, and potentially days, that follow.   
By |2017-01-02T11:00:00+00:00June 17th, 2015|Industrial Action|0 Comments
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Employer Responsibilities when it comes to Contracts of Employment

Employers are legally obliged to provide workers with a written statement of the employment agreement between the two parties (the contract) within two months of the employee commencing employment.

Have you heard of NERA?

The National Employment Rights Authority (NERA) delivers unprejudiced information on employment rights legislation to employers and employees in Ireland. NERA is charged with monitoring the employment rights of employees within the country. NERA inspectors perform various checks around the country and investigate suspected breaches of employment rights – it is important to bear in mind that a significant number of these inspection are unannounced. If NERA finds that an employer is not complying with employment rights legislation inspectors will seek reparation from the employer on behalf of the employee. In certain circumstances prosecutions against the employer may result.

NERA has the power to chase awards made by the Labour Court, the Rights Commissioner or the Employment Appeals Tribunal.

In order to pass a NERA 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.

Contracts

 

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 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 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 cash that will be provided

•The terms and conditions applicable on the employee's return home

 Contracts

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 examination

•Holidays, public holidays, all other forms of leave

•Grievance and Disciplinary Procedures

•Confidentiality

•Company Property

•Phone and Mobile Phone Usage

•Right to Inspect / Search

•Drugs & Alcohol Policy / Right to Test for Intoxicants

•Retirement

•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

GUIDE TO CONTRACTS OF EMPLOYMENT
By |2021-02-23T17:52:29+00:00June 17th, 2015|Contracts of Employment, HR Guide|0 Comments
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Employee unfairly dismissed for improper internet use awarded €7,000.

Why is having an internet use/social media policy so important? On 17th December 2013, the Employment Appeals Tribunal in Mullingar heard a claim that an employee had been unfairly dismissed by her employer, a wholesale electrical company that employed approximately 36 employees. Unfair Dismissal, CompensationThe individual was employed as a Marketing Assistant from 1 November 2010. With the permission of the employer, the employee worked a three day week for the first year as she was completing a graphic design course simultaneously. The employer was happy for the employee to begin working a 5 day week on 1st November 2011.     The Managing Director claimed that both he and the Office Manager had warned the claimant on a number of occasions about her non-work related internet use. According to the Managing Director, these alleged warnings were of a verbal nature. The Managing Director gave evidence to the Tribunal that, on 16 January 2012, he observed the claimant on a social media site and called her to his office before proceeding to dismiss her from her employment with the Company. The Managing Director believed that the actions of the claimant amounted to a waste of the Company’s time and resources and her actions constituted gross misconduct. It became apparent that the Company did not have a formal internet use/social media policy in place while the claimant was employed. It also came to light that the employee did not receive a contract of employment nor did she receive a copy of the Company’s disciplinary procedures. Unfair Dismissal, Internet Use Policy The claimant stated that she completed all tasks that were assigned to her. She was not using the internet in a secretive way (she gave evidence that her computer monitor was in full view of the office) and she did not believe that she was doing anything wrong when she was online. The claimant testified that she was not given a job description detailing the tasks that were assigned to her. The former employee explained that, if she was aware of the company’s policy around internet use/social media then she would have abided by it. The claimant stated that she regularly asked for more assignments to complete during her work hours but was not provided with enough to occupy all of her working time. The employee explained that she was told in December to “wind down” for the Christmas period when she looked for more work from the Managing Director’s son. The claimant admitted to spending time browsing the internet when she had finished with her work assignments but clarified that she spent the majority of her time on the internet carrying out work related activities. The claimant gave evidence that she never received any warnings prior to her dismissal. The Employment Appeals Tribunal considered all of the evidence that was submitted by the claimant and the respondent and concluded that the dismissal of the employee was unfair as, according to the Tribunal, there appears not to have been any valid grounds for the termination. In addition to this the Tribunal found that the dismissal was lacking any procedural fairness because no investigation or disciplinary process took place. Contracts of Employment The Tribunal also made note of the fact that the claimant was never provided with a any of the following documents throughout the course of her employment:

  • A contract of employment,
  • Payslips,
  • An internet use/social media policy
  • A copy of the Company’s disciplinary procedures
The claimant received pay for one week’s notice. The Tribunal found that there was no gross misconduct on the part of the claimant and, consequently, the Tribunal found that the employee was Unfairly Dismissed and awarded her €7,000.00 in compensation under the Unfair Dismissals Acts 1977 to 2007. GUIDE TO CONTRACTS OF EMPLOYMENT
By |2017-01-02T10:59:59+00:00June 17th, 2015|Compensation|0 Comments
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Saving Money by Minimising Waste

The Significance of Waste Management in Business. With mounting expenses it is becoming increasingly difficult for companies to remain in operation and to maintain employee numbers.

Recycle Managers are faced with a difficult task as they are continuously asked to reduce costs while simultaneously preserving the quality and service levels throughout the business.  Every company should implement a minimum waste policy to encourage employees to be more aware of their actions and their use or misuse of resources in the workplace and beyond. Minimising the amount of waste in any organisation will have a positive effect on the bottom line. Consequently, introducing a minimum waste policy is essential if the business is to operate in the most cost-effective and efficient manner possible. Employees should be obliged to avoid extravagant use of the company’s services, time and energy. Employees should be encouraged to take extra care during their normal work duties by avoiding unnecessary use of any resources within the Company. Employees should be trained so that they handle all machines, equipment and stock with the utmost of care. Employers should have a policy in place that deals with the conservation of energy. Do not wasteThis policy would direct employees as to how they should proceed when it comes to dealing with lights and heat and so on. The use of all unnecessary lighting and heating should be prohibited and lights/heat should be turned off when their use is not required.     Doors/windows should be opened/closed where possible in order to maintain temperature levels. Similarly, taps should not be allowed to drip and any concerns about resources should be reported to management so that they may be evaluated and rectified. Reduction of waste The use of paper and ink throughout the course of the working day is something that a lot of companies find to be expensive. It is important that employees only print items that they need to have in hardcopy in order to reduce the waste of paper and ink. It is also significant for employers to encourage employees to print on both sides where possible. E-mailing, rather than posting, documents is another practice that should be encouraged. Recycling/reusing paper, where possible, is also a practice that should be considered. If it is a case that an employee finds himself or herself without assignments to complete during working hours or if their work has come to a standstill for one reason or another then he or she should be encouraged to offer assistance to colleagues who have yet to complete their workload. In terms of productivity, employees should be prepared to start their working day by the time they are scheduled to begin work and should proceed with their work-related activities without delay. The same process should be followed after break/lunch periods and employees should not conclude their work until the time that they are scheduled to do so. Waste If it becomes apparent that certain employees are struggling to organise their time then the provision of time-management training should be considered by management. It is also important to ensure that employees are aware of the most efficient methods of carrying out routine tasks (such as searching for documents or preparing spreadsheets) so time is used in the most efficient manner possible. There are many techniques that a company can use to improve efficiency and exploring and implementing these methods is very important if a company is to remain competitive.
By |2020-09-15T09:36:49+00:00June 17th, 2015|Minimising Waste|0 Comments
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The Importance of having an Employee Handbook

An Employee Handbook, often referred to as the employee manual, is a book/document containing information about the company and its policies and procedures. It is given to employees by the employer – typically when they first join the organisation.

Employee Handbook This manual is an excellent place to compile all important information pertaining to the company rules and regulations. It can provide useful details for new staff during the induction process and can be a good reference point for existing employees. An employee handbook gives clarity to employees, advises them in certain situations and creates a culture where problems are addressed in a consistent manner.

An employee handbook communicates all of your workplace and HR policies and protects a business from expensive disputes with employees. The National Employment Rights Authority (NERA) aims to achieve a national culture of employment rights compliance. If a NERA inspector visits your workplace they may ask to see the company handbook to determine whether or not the company has appropriate policies and procedures in place and that it adopts the appropriate measures when various workplace scenarios arise.

Employee Handbook

Examples of some of the items that should be incorporated in an employee handbook are as follows:

•Annual Leave Entitlements

•Maternity Leave

•Paternity Leave

•Adoptive Leave

•Parental Leave

•Carer’s Leave

•Compassionate Leave

•Jury Leave

•Employment / Career Break

•Induction

•Performance Management

•Probation

•Grievance Procedures

•Disciplinary Procedures

•Bullying & Harassment

•Drugs and Alcohol Policies / Misuse of Substances / Testing for Intoxicants

•Dress Code, Uniforms, Personal Grooming and Hygiene

•Office Phone and Mobile Phone Use

•Internet, Email and Social Media Use in the Workplace

•Breaks and Rest Periods

•Sick Leave / Sick Pay

•Punctuality / Timekeeping

•Unauthorised Absence

•Clock-In and Clock-Out

•Vehicles and Company Property

•Use of Company Property

•Confidentiality

•Right to Search

•Copyright

•Ethics and Conduct

•Retirement

•Time-off-in-Lieu

•Flexitime

•Training & Education Funding / Study Leave

•Use of CCTV

•Garda Clearance / Vetting
By |2021-02-23T17:52:15+00:00June 17th, 2015|Documentation, HR Guide, Policies & Procedures|0 Comments
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Under 18 Work Register – Employer Responsibilities

In accordance with the Protection of Young Persons (Employment) Act, 1996 employers are required to keep a register of employees that are under the age of 18. The basis for this is to guarantee the protection of young people and to ensure the workload assumed is not jeopardising their education. Under 18 Workers During a National Employment Rights Authority (NERA) assessment the inspector will request access to the company’s register of employees under the age of 18 (if the company employs workers in this category).  There are strict rules that employers must adhere to when employing those under the age of 18. According to the Act employers cannot employ children under the age of 16 in regular full-time jobs. Children aged 14 and 15 may be employed on a controlled basis.

Some rules to pay attention to:

  • They can do light work during the school holidays – 21 days off must be given during this period.
  • They can be employed as part of an approved work experience or educational programme where the work is not harmful to their health, safety or development.
  • They can be employed in film, cultural/advertising work or sport under licences issued by the Minister for Jobs, Enterprise and Innovation.
  • Children aged 15 may do a maximum of 8 hours of light work per week during the school term. The maximum working week for children outside of the school term is 35 hours (or up to 40 hours if they are on approved work experience).
  • The maximum working week for children aged 16 and 17 is 40 hours with a maximum of 8 hours per day.
Young Workers There are many obligations on the employer when he or she employs a young person – here is a list of some of the items that employers must be vigilant of: An employer must be provided with a copy of the young person’s birth certificate (or other documentation proving age) prior to the commencement of employment. Before employing a child an employer must obtain the written permission of the parent or guardian of the child. An employer must maintain a register of employees under 18 containing the following information:
  • The full name of the young person or child
  • The date of birth of the young person or child
  • The time the young person or child commences work each day
  • The time the young person or child finishes work each day
  • The rate of wages or salary paid to the young person or child for his or her normal working hours each day, week, month or year, as the case may be, and
  • The total amount paid to each young person or child by way of wages or salary
An employer and parent/guardian who fails to comply with the provisions of the Act shall be guilty of an offence. Some other notable rules the employer must adhere to when employing a young person or child are as follows: Employer Responsibilities  
  • The employer is obliged to ensure that the young person receives a minimum rest period of 12 consecutive hours in each period of 24 hours.
  • The employer is obliged to ensure that the young person receives a minimum rest period of 2 days which shall, where possible, be consecutive, in any 7 day period.
  • The employer cannot require or permit the young person to do work for any period without a break of at least 30 consecutive minutes.
For a comprehensive guide to employer responsibilities and the rules and regulations governing the employment of young workers please refer to the Protection of Young Persons (Employment) Act, 1996  Under 18s Register
By |2017-01-02T10:59:58+00:00June 17th, 2015|Employer Responsibilities|0 Comments
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What employers need to know about work permit Ireland

  Employers, as you may be aware, the National Employment Right’s Authority (NERA) conducts thousands of inspections (many of which are unannounced) annually. It is within NERA’s remit to investigate your compliance with Irish Immigration and Employment Permit legislation. NERA     Did you know that employers could be seriously penalised for employing individuals who do not have valid employment permits? •             The Employment Permits Acts 2003 to 2006 make it a criminal offence for a foreign national to work without an employment permit. Employers are committing an offence themselves if they employ a foreign national without a valid work permit. •             The Acts place an onus on the employer to carry out checks in order to be satisfied that a prospective employee does not require an employment permit, and, if he or she does, that they have obtained one. •             NERA inspectors are authorised to exercise powers under the Employment Permit Acts. If, during an inspection, NERA finds evidence showing that an employee does not have a valid employment permit, both the employer and employee are advised of the need to correct the situation. They are also informed of the consequences of failing to do so. •             An employer failing to rectify matters could be prosecuted. NERA commenced initiating proceedings under S.2 of the 2003 Act in 2012. •             An Garda Síochána are also an enforcement authority under Employment Permits legislation with prosecution powers. Who needs an Employment Permit? According to the Department of Jobs, Enterprise and Innovation, a non-EEA national (except in the cases listed below) requires an employment permit to take up employment in Ireland. The EEA comprises the Member States of the European Union together with Iceland, Norway and Liechtenstein. Employment permit (or work permit) holders are only allowed to work for the employer and in the occupation named on the permit. If the holder of an employment permit ceases to work for the employer named on the permit during the permit’s period of validity, the original permit (along with the certified copy) must be returned immediately to the Department of Enterprise, Trade and Innovation. Citizens of non-EEA countries who do not require Employment Permits include:describe the image     •             Non-EEA nationals in the State on a Work Authorisation/Working Visa   •             Van der Elst Case The European Court of Justice delivered a judgement on the Van der Elst Case (Freedom to Provide Services) on 9 August, 1994. The Court ruled that in the case of non-EEA workers legally employed in one Member State who are temporarily sent on a contract to another Member State, the employer does not need to apply for employment permits in respect of the non-nationals for the period of contract.   •             Non-EEA nationals who have been granted permission to remain in the State on one of the following grounds:   •             Permission to remain as spouse or a dependent of an Irish/EEA national;   •             Permission to remain as the parent of an Irish citizen;   •             Temporary leave to remain in the State on humanitarian grounds, having been in the Asylum process. •             Explicit permission from the Department of Justice, Equality and Law Reform to remain resident and employed in the State •             Appropriate business permission to operate a business in the State •             A non-EEA national who is a registered student Swiss Nationals: In accordance with the terms of the European Communities and Swiss Confederation Act, 2001, which came into operation on 1 June, 2002, this enables the free movement of worker between Switzerland and Ireland, without the need for Employment Permits. It is imperative that every labour market opportunity is afforded to Irish and other EEA nationals in the first instance. This is also in accordance with EU obligations and recognises that Ireland's labour market is part of a much greater EEA labour market which affords a considerable supply of skilled workers. Work Permits An interesting point to note is that work permits will not be considered for certain occupations. Since April 10th 2013 occupations listed as ineligible for work permits are as follows: •             Hotel, tourism and catering staff except chefs •             Work riders – horseracing •             Clerical and administrative staff •             Drivers (including HGV drivers) •             Nursery/crèche workers, child minders/nannies •             General operatives and labourers •             Operator and production staff •             Domestic workers including carers in the home and child-minders* •             Retail sales staff, sales representatives and supervisory or specialist sales staff** •             The following craft workers and apprentice/trainee craft workers: bookbinders, bricklayers, cabinet makers, carpenters/joiners, carton makers, fitters - construction plant, electricians, instrumentation craftspeople, fitters, tilers - floor/wall, mechanics - heavy vehicles, instrumentation craftspersons, metal fabricators, mechanics - motor, originators, painters and decorators, plumbers, printers, engineers - refrigeration, sheet metal workers, tool makers, vehicle body repairers, machinists - wood, plasterers and welders * In exceptional circumstances an employment permit may be granted for a carer who is a medical professional caring for a person with a severe medical condition or for a carer who has a long caring relationship with a person with special needs where there are no alternative care options ** Specialist language support and technical or sales support with fluency in a non-EEA language in respect of those companies that have formal support from the State’s enterprise development agencies earning at least €27,000 a year may apply for a work permit.

By |2021-01-07T17:59:43+00:00June 17th, 2015|Employer Responsibilities|0 Comments
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A Significant number of NERA Inspections are Unannounced!

NERAThe National Employment Rights Authority (NERA) was first established on an interim basis in February 2007 with the aim of securing compliance with Irish Employment Legislation. NERA monitors employment conditions through its inspectors. It enforces compliance and seeks redress where any employment rights have been breached.   Since its establishment in 2007, the number of NERA inspectors has increased by more than 100%. These inspectors exchange information with the Department of Social Protection and the Revenue Commissioners.   Inspectors are empowered to enter company premises and interview employees as well as employers. They can also examine employment records and can take statements before initiating legal proceedings.

Typically, a NERA investigation proceeds in the following way:

NERA Inspections1) If the initial inspection finds Employment Legislation breaches the employer is instructed to take the appropriate steps to rectify the matter. 2) NERA sends a letter to request evidence that the employer is now compliant. 3) If the response is inadequate, the company is warned that any further breaches will be sent to NERA's legal services for prosecution. Then a follow-up inspection occurs.     *It is extremely important for employers to note that if there is a breach of the Protection of Young Persons (Employment) Act 1996, the employer is referred for prosecution directly after the first inspection. Employers should know that employees regularly complain to NERA about their employer’s adherence to Employment Legislation and their maintenance of employment records and so on. In order to pass a NERA inspection and to comply with Employment Legislation, employers are statutorily obliged to maintain a large number of records relating to their employees. Here is a list of the 10 most important records/details that an employer in Ireland must keep:
  • PPS Number, Name and Address of each employee
  • Terms of Employment for every employee
  • Individual job classifications for each employee
  • Commencement/termination dates
  • Payroll details
  • Copies of payslips
  • Hours of Work
  • Under 18 employee register (if applicable)
  • Public Holiday/Annual Leave entitlements received by each employee
  • Board/Lodging details if applicable
NERA inspectors are entitled to see all of these records, and more where relevant, during an inspection.

In the 6 month period between January and June 2013, NERA conducted 2,755 workplace inspections. A staggering 1,458 (53%) of these inspections were unannounced!

Under 18s Register
By |2017-01-02T11:00:05+00:00June 17th, 2015|Inspections|0 Comments
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