The Covid-19 pandemic is rapidly changing the world around us. It has had a significant impact on businesses and Employers. More than ever, it is essential for Employers to be aware of the changes and updates happening in the Employment Law world to ensure that they remain compliant. For that reason, we have compiled a few tips to help you and your business start 2021 on the right foot.
Review your current documentation
As an Employer, it is critical to have your HR documentation drafted in accordance with Irish Employment Law. Ensuring compliance can protect your business from any potential issues and claims that may occur in the future. Below is a list of HR Documentation that should be every business’s focal point:
Issue Contracts of Employment to all employees and update any current Contracts
An Employer is legally obliged to provide employees with a written statement of employment. As per the Terms of Employment (Information) Acts 1994 – 2014, an Employer must provide employees with this full written statement detailing the terms and conditions of their employment within 2 months of their start date.
However, since March 4th, 2019 and as per the Employment (Miscellaneous Provisions) Act 2018, Employers must provide employees with a written statement of the 5 core terms within 5 days of their starting date. Therefore, if you do not have the full Contract ready for an employee upon their commencement with the business, you can offer a Day-5 statement that outlines the 5 core terms of the employees’ employment.
Beside is a non-exhaustive list of the advantages of the Contract of Employer for you, as the Employer →
✔️It outlines the requirements of the position and the conditions the employee is meant to work within.
✔️It fulfils your legal obligation as the Employer and also details the legislation through which all employees are protected today.
✔️In the event of unsatisfactory performance, the Employer can rely on the terms and conditions of employment within the Contract and can fairly and adequately manage employee performance.
✔️Employers can include a probationary period within an employees’ Contract. This allows the Employer the flexibility to determine the suitability of the employee within their new role and to effectively monitor their performance. Should an employee fail to meet the required performance standard during their probationary period, there is a simple process that the Employer can follow to effortlessly exit the employee from the business.
✔️If the Employer fails to give written details of the terms of employment, the employee is entitled to take a case within the Workplace Relations Commission (WRC), which would most likely result in a financial burden for the Employer. The employee can make such a complaint whilst in employment or within 6 months of them leaving employment.
Ensure your Employee Handbook and the policies & procedures are up to date
It is important to continually review your Employee Handbook and ensure it is up to date with current employment legislation and best practice.
Employment Law is an ever-evolving world. As you may be aware, there have been several updates or amendments to employment legislation in the last year. For example, as of January 1st 2021, The National Minimum Wage has been increased to €10.20 per hour. Furthermore, we have seen the introduction of a new Parents Leave and also an increase to the Parental Leave entitlement. But how does that affect your current Handbooks?
As an Employer, you are required to take a consistently active approach and to be attentive to the changes happening in the Employment world. Ensure your Employee’s Handbooks are always updated and in compliance with the current legislation. We have drafted a few tips to help you start your Employee Handbook. Read the full article, here.
Be prepared for a WRC Inspection
WRC 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 inspections are unannounced. If the WRC 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.
How can we help?
At The HR Company, we provide HR support to a multitude of businesses across Ireland. We provide affordable HR outsourcing solutions to ensure your business is fully HR compliant and compliant with employment legislation. We eradicate the headache and costs associated with achieving this yourself!
We can help your business by providing the most suitable HR solutions for your needs, from tailoring all HR documentation to solving any employee-related issues. We give you the peace of mind to focus on your business, and we take care of the rest.
Get in touch with us at The HR Company
No Obligation Quote
We have been in business over 20 years providing HR Solutions to more than 1000 businesses in Ireland. Our HR expertise helps businesses to remain compliant and reduce the risk of future litigation.
Request a no-obligation quote or book your free consultation by filling this form. One of our HR Advisors will contact you as soon as possible. If you wish immediate response please contact us on 01 2911 850.
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