Parental Leave Entitlement
Parental Leave allows parents to take unpaid leave from their jobs to spend time with their children. The leave must be taken before the child reaches 12 years of age (exceptions apply in […]
Annual leave is paid time off work that employees are granted by their employers - it can be used for whatever the employee wishes. It is important for employees to recharge the batteries and annual leave helps maintain a motivated and productive workforce. It is essential to note that the employer is statutorily obliged to provide a certain amount of annual leave to his or her employees. An employer can, of course, provide more leave than he or she is obliged to give – if an employer offers more leave to employees with long service histories or employees who exceed targets, for instance, this policy should be clearly defined and should be applied fairly across the board. Regardless of the employee’s status or length of their service everyone is entitled to annual leave. All time worked is eligible for paid holidays.
As soon as an employer has received written notification of pregnancy from an employee, a risk assessment should be carried out.
The employee should give their employer a copy of any advice that their Doctor/Midwife has given them if it could have an impact on the pregnant employee’s risk assessment. The risk assessment’s purpose is to evaluate the employee’s ability to carry out their role and to identify any possible risks to mother and baby.
Examples of some risks are:
The Department of Social Protection pays Health and Safety Benefit after the first three weeks of Health and Safety Leave has passed. In order to qualify for Health and Safety Benefit, you must meet certain criteria and PRSI contribution conditions. Employees are still considered to be in employment so they continue to accumulate their annual leave entitlement. However, they are not entitled to payment for public holidays that occur while on Health and Safety Leave.
It is essential that the employer regularly monitors and reviews any assessment made to take account of the possible risks that may occur at the different stages of pregnancy.
September 2017 – Employee Payout Claims
Failure by employer to investigate complaints led to successful constructive dismissal award of €29,000
During the case, the claimant referred to several incidents of mistreatment that had occurred during […]
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.
Having a contract in place can offer protection to the Company in the event of a dispute or issue arising. This document can help to safeguard the Company in the event of employee litigation or Labour Court hearings.
Reasons why you, as an Employer, need to issue a Contract of Employment:
It outlines the requirements of the position and the conditions the person is meant to work against.
It addresses the legal requirements against which all employees are protected today.
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.
The use of probationary periods is fundamental for all new employees.
An example of what an employee’s rights are in the event of not having a contract in place:
If the employer fails to give written details of the terms of employment, the employee can bring a complaint to a Rights Commissioner. The employee must make the complaint when in employment or within 6 months of leaving employment.
Legal Requirements:
The Terms of Employment (Information) Acts 1994 and 2001 provide that an employer is obliged to provide an employee with a written statement of terms of employment within the first two months of the commencement of employment.
The statement of terms must include the following information:
In the case of the particulars noted at (g) (h) (i) (j) (k), (l) and (m) above, the employer, as an alternative to providing all the details in the statement, may use the statement to refer the employee to certain other documents containing the particulars, provided such documents are reasonably accessible to the employee in his/her employment.
The statement of terms must indicate the reference period being used by the employer for the purposes of the calculation of the employee's entitlements under the Minimum Wage Act, 2000. (Under that Act the employer may calculate the employee's minimum wage entitlement over a reference period that is no less than one week and no greater than one month).
The statement of terms must also inform the employee that he/she has the right to ask the employer for a written statement of his/her average hourly rate of pay for any reference period (except the current reference period) in the 12 months prior to the date of the employee’s request.
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
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
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.
Employees attending for work under the influence of intoxicants
It is important that as an employer, you are clear as to what your obligations are if an employee attends for work under the influence of intoxicants. A recent case, in […]
REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 27 April 2016
on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and […]
Previously we mentioned that the new EU General Data Protection Regulation (GDPR) is being introduced, with the deadline for compliance being 25th May 2018. Considering all that the legislation entails, that is […]
As mentioned in our introductory post, the new EU General Data Protection Regulation (GDPR) is being introduced, with the deadline for compliance being 25th May 2018. Considering […]
As you may be aware, the new EU General Data Protection Regulation (GDPR) is being introduced, with the deadline for compliance being 25th May 2018. Considering all that […]
