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So far The HR Company Administrator has created 148 blog entries.

Labour Court rules – ‘Working in the Rain’ allowance to stay

A group of 27 low income cleaners who work for the South Dublin County Council were delighted yesterday, Thursday 20^th March 2014, when they were successful in their fight to keep their ‘Working In The Rain’ allowance which works out at approximately €50 per week per employee. The Labour Court ruling was in response to attempts by South Dublin County Council to abolish the allowance. Brendan O’Brien of SIPTU described the ruling as a ‘significant victory’ as the outcome has been hanging over the workers involved for an extended period of time. The workers, who perform street and park cleaning duties for the Council, are paid between €400 and €500 on average per week so the ‘Working In The Rain’ allowance amounts to approximately 10% of their income each week. The cost of the ‘Working In The Rain’ allowance to the Council is approximately €75,000 per year and the Council claimed that this payment is outdated because all of the employees now have the benefit of protective clothing to ensure they can carry out their duties safely - irrespective of the external weather conditions. The Council claimed that the group of 27 workers affected by this ruling are currently part of a larger group of approximately 140 workers who are all required to work in rainy weather conditions (unless it is unsafe to do so). SIPTU argued that the payment is pensionable and, consequently, to cease paying the allowance would breach the terms of the Haddington Road Agreement. Pension Obligations The dispute, which could not be resolved at local level, was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission and, when no agreement was reached there the dispute between the workers and the Council was referred to the Labour Court in accordance with 26(1) of the Industrial Relations Act, 1990. The Labour Court ruled that the Claimants (the workers) are entitled to retain the allowance on a personal to holder basis.

By The HR Company Administrator|2017-01-02T10:59:56+00:00June 17th, 2015|Labour Court|0 Comments

Why Not to Ignore Stress in the Workplace

In recent years Stress and Work Related Stress (WRS) have been cited more and more regularly on medical certificates provided to employers when employees are out of work on sick leave. While, for some people, a certain amount of stress can actually act as a challenge or a motivating factor, Work Related Stress generally has an adverse effect on employees and, consequently, on business operations. A broad definition of Work Related Stress (WRS) is a negative personal state that arises in response to aspects of the work environment or how a person perceives the work environment to be. Work Related Stress gives the sufferer the feeling that he or she cannot cope with their current situation and that the demands placed upon them exceed their ability to actually fulfil those demands. The source of this Work Related Stress can lie in the home or personal life of the sufferer and can be exacerbated by work issues or it can come directly from the work environment. The origin of the stress varies depending on many factors.

Causes of stress can include, for example:

a lack of definition or ambiguity around organisational tasks,
a lack of control or support,
poor relationships with colleagues,
long working hours,
unachievable deadlines and time pressures,
too many tasks to complete at one time,
significant change to an employee’s role,
expansion of the company,
poor systems for dealing with bullying,
a sense of job insecurity and
barriers to communication

Stress that manifests itself in the workplace can lead to higher accident levels and higher levels of absenteeism due to ill-health. It can lead to low morale and issues with productivity. All of these have very negative implications for employees as well as employers. Stress can have short or longer lasting effects – this depends on many factors; the number and severity of the issues leading to the stress, the person involved and their response to the issues (e.g. their age/personality style/emotional state), the length of exposure and the internal/external support structures available to the sufferer. Stress can cause anger and frustration – it can lead to irritability and emotional distress or depression. In extreme circumstances it can lead to an inability to sleep properly as well as unhealthy habits such as gambling, smoking, drinking and eating irregularly. Medical conditions such as high blood pressure are associated with prolonged or extreme periods of stress. Stress can manifest itself in many different forms. According to the Health and Safety Authority’s booklet on Work-Related Stress the effects of stress fall into four categories: Mental, Physical, Behavioural and Cognitive. What this means is that stress can negatively impact how the mind works, how the body works, the things that we do (voluntarily and involuntarily) and the way that we think. It is clear that it is in everyone’s best interest to limit Work Related Stress where possible. Stress can necessitate remedial action in order to reverse its effects – this can be something as simple as a minor change in eating, sleeping or exercising practices or it can require something as extreme as inpatient care in a clinic or hospital. Work Stress

Employers in Ireland are obliged, as far as is reasonably practicable, to ensure that the health and safety of their employees is not under threat. Employers must not place unreasonable demands on employees in the course of their employment. It is essential for employers to put preventative measures in place. We advise employers to carry out risk assessments in order to ensure that demands on employees are reasonable. A risk assessment or audit should highlight any problem areas and these should be addressed as soon as possible to avoid the emergence of Work Related Stress. Absenteeism, staff turnover, levels of injury rates of illness are less of a concern in companies where employees cite low levels of Work Related Stress so investing some time and resources in preventative measures is a worthwhile activity. Employers can help to reduce Work Related Stress by ensuring that organisational and employee goals are clear. Stress can also be minimised if employers respect their employees and give them constructive feedback and recognition on their performance. Practicing consistent and fair management methods will limit stress levels. Allowing employees to be involved in the decision making process will also have a positive effect on the levels of stress experienced by employees within an organisation.

By The HR Company Administrator|2017-01-02T10:59:55+00:00June 17th, 2015|Employee Stress|0 Comments

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, Compensation The 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 1^st 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.

By The HR Company Administrator|2017-01-02T10:59:59+00:00June 17th, 2015|Compensation|0 Comments

Trade Disputes and Industrial Action

  According 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:

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, 10^th 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.

SIPTU 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, 14^th 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 The HR Company Administrator|2017-01-02T11:00:00+00:00June 17th, 2015|Industrial Action|0 Comments

Employee dismissed for nonconsensual use of premises awarded €25k

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 Dismissal Based 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 The HR Company Administrator|2017-01-02T11:00:01+00:00June 17th, 2015|Compensation|0 Comments

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

By The HR Company Administrator|2021-02-23T17:52:29+00:00June 17th, 2015|Contracts of Employment, HR Guide|0 Comments

When should you use a Non Disclosure Agreement (NDA)?

A non-disclosure agreement (NDA), often referred to as a confidentiality or a secrecy agreement, is a legal contract between two or more parties outlining knowledge and/or information that the parties wish to share with one another but wish not to have accessed by third parties.

By signing the document the parties agree not to disclose information that it contains. An NDA creates a confidential relationship between the parties to protect any type of sensitive material such as details of trade secrets – it prevents the dissemination of company or project-specific information that, if leaked, could be damaging for one or both of the parties involved. It usually prevents the signing party from benefiting commercially from the information.

NDAs are commonly signed when two companies are considering doing business with each other and need to exchange information to benefit the partnership. A mutual NDA restricts both parties in their use of the materials provided; alternatively, an NDA can also exclusively restrict the use of material by one of the individuals or groups involved.

Employers often request that an employee signs an NDA or a similar form of contract when he or she commences employment, or a new assignment, in order to maintain confidentiality.

NDA

An NDA incorporates various basics – the details of the parties who must adhere to the agreement and the information to be kept confidential (often including items such as unpublished patent applications, financial information, customer lists, discoveries and business strategies). When drafting an NDA it is important to include the disclosure period in the contract.

Those writing the NDA should note that if the recipient had prior knowledge, obtained legally, of the matters contained within the NDA - or if the contents are publically available - the signatory cannot be held liable for dispersing the material. Similarly, if the materials are subject to a subpoena or a court order, this would override the contract.

The NDA should have a clause that forces the signing party to return or destroy the confidential information where the project or assignment is abandoned or when they no longer need access to the information.

Breach of the NDA is a serious offense – when this occurs the information owner can apply to court to have an injunction put in place to stop future breaches – Often it is too late at this stage as the damage has already been done. A second option here is to sue the party at fault for damages suffered by the breach. The consequences of breaching the NDA should be set out in the NDA and should include loss of profit as well as loss of reputation and costs and expenses caused by the breach. It is important to remember that Court proceedings can be a long and arduous process.

It can be extremely difficult to prove that an NDA has been breached but if a breach is proven, this can provide the basis for a claim. Given that it is not always possible to prove that an NDA has been breached some people do not rate them – however, at the very least the NDA holds some value in that it clearly sets out in writing what is expected of the parties to avoid any ambiguity and NDAs also serve as a reminder of the confidential nature of the information and act as a deterrent.

By The HR Company Administrator|2021-02-23T17:52:41+00:00June 17th, 2015|Documentation, Policies & Procedures|0 Comments

Pay Slips – Wage Deductions and Associated Employer Responsibilities

The Payment of Wages Act, 1991 forces employers to provide a pay slip in respect of all employees. A pay slip is a statement in writing that outlines the total pay before tax (gross pay) and all details of any deductions from pay. The employer’s responsibility regarding the required provision of pay slips is set down in Section 4 of the Act.

The Act protects against unlawful deductions from employee wages. Here are the important points for employers to remember: -Deductions from employee wages must be authorised by either the employee’s contract of employment or by written consent of the employee – a trade union subscription, for instance. -An exception to this is where the employer makes a deduction from pay when there is a need to recover an overpayment of wages or expenses. -There is an obligation on the employer to make a deduction from an employee’s wages if they are required by a court order to do so - an example of this might be an Attachment of Earnings order in a family law case, for instance. -The employer is entitled to make a deduction if the employee is due to make a payment to the employer –An example of this would be if expenses arose due to the employee being on strike. Employer Responsibilities, Payslips

  On the other hand an improper deduction made by the employer is one which is not authorised. -(Income tax, universal social charge and PRSI contributions are a separate category as they are compulsory deductions required by law). -Where the deduction from wages arises because of either an act or omission of the employee - till shortages or breakages, for instance, or the supply of goods to the employee by the employer (cleaning of uniforms, perhaps) - then the amount of the deduction must be fair and reasonable. -The amount of the deduction must not exceed the loss experienced or cost of the service. -The deduction must take place within 6 months of the loss/cost occurring. Payslips

Failure to pay all or part of the wages due to an employee is considered an unlawful deduction and a complaint can be made under the Payment of Wages Act. Similarly, unpaid notice, holiday pay, bonus and commission payments can also form part of a claim under the Act.

By The HR Company Administrator|2021-02-23T17:53:12+00:00June 17th, 2015|HR Guide, Policies & Procedures|0 Comments

No Adoptive or Maternity Leave Ireland for "Commissioning Mothers"

european Court of Justice, Surrogacy, Maternity Leave In September 2013 the legal opinion of the European Court of Justice was that an Irish teacher (Ms. Z), whose child was born through surrogacy, did not have an automatic right to either paid Adoptive Leave or Maternity Leave from her employment.

On 18^th March 2014 a European Court of Justice (ECJ) ruling, that referred to the mother who did not give birth to the child as the “commissioning mother”, upheld this opinion. The ruling stressed that it is the birth mother who should benefit from Maternity Leave even where she does not keep the baby after giving birth and even in cases where the mother who takes on the responsibility of the child after birth is the biological mother. The reason for this is to improve the health and safety of pregnant workers and and those who have recently given birth.

Ms. Z and her husband are the baby’s full genetic parents. When Ms. Z’s application for paid Adoptive Leave was denied she brought a complaint to the Equality Tribunal. The woman, who has no uterus as a result of a rare medical condition, claimed that she was discriminated against on the grounds of sex, family status and disability.

The woman was told by her employer that she could take unpaid Parental Leave instead of the requested Adoptive Leave; however, as the child was genetically hers and her name was on the American birth certificate, Ms. Z felt that she was being treated unfairly.

The surrogacy scenario can be a challenging one for all concerned and blurred lines surrounding what mothers are entitled to in the workplace just adds to the complexity of the situation.

The Equality Tribunal referred the case to the ECJ and the Court ruled yesterday that mothers like Ms. Z do not have any automatic right to Adoptive Leave or Maternity Leave.

Maternity Leave

In September 2013, the legal opinion of the Advocate General stated that Ms. Z’s differential treatment was not based on sex, family status or disability, as claimed, but instead on the “refusal of national authorities to equate her situation with that of either a woman who has given birth or an adoptive mother”.

The Court ruled that Ms. Z did not fall within the scope of the Pregnant Worker’s Directive as the Directive in question presupposes that the worker has been pregnant or has given birth to a child. The claim of discrimination on the grounds of sex failed as fathers in this situation are also denied leave. The claim of discrimination on the grounds of disability also failed as, the judgement stated that, while “a woman’s inability to bear her own child may be a source of great suffering” it does not amount to ‘disability’. The concept of ‘disability’ within the EU Employment Equality Framework Directive “presupposes that the limitation, from which the person suffers, in interaction with various barriers, may hinder that person’s full and effective participation in professional life on an equal basis with other workers”.

The recent revelation, that Irish women who have babies through surrogacy arrangements are not afforded the same rights as mothers who have adopted or given birth to their babies, has highlighted the uncertainties/complexities surrounding the issue of surrogacy in both Irish and EU law.

Surrogacy is becoming a more frequent option for women; however, legislation in Ireland has not kept up with this change.

The ECJ stated that member states are “free to apply more favourable rules for commissioning mothers” and paid leave for mothers, who have children through surrogacy arrangements, is being legislated for in The United Kingdom.

Maternity Leave On 30^th January 2014, Justice Minister Alan Shatter published the General Scheme of Children and Family Relationships Bill for consultation. According to Minister Shatter, the draft bill ‘seeks to provide legal clarity on the parentage of children born through assisted human reproduction and surrogacy’.

By The HR Company Administrator|2021-01-07T18:11:32+00:00June 17th, 2015|Policies & Procedures|0 Comments

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. 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).

By The HR Company Administrator|2017-01-02T10:59:53+00:00June 17th, 2015|Breaks|0 Comments