Irish Employment Legislation Updates and Guidance Archives

The significance of having ‘Emergency Contact Details’ for Employees

A total of 48 people died in work-related accidents in 2012. Incidents involving vehicles were a big factor in this figure. The agricultural sector accounted for 21 of these deaths, construction accounted for 8 deaths with a further 7 coming from the fisheries sector. Unfortunately, work-related accidents leading to death also occurred in 7 other sectors in Ireland in 2012.

According to the Health and Safety Authority Summary of Workplace Injury, Illness and Fatality Statistics 2011-2012, 2012 saw a staggering total of 6,619 non-fatal workplace injuries.

http://www.hsa.ie/eng/Publications_and_Forms/Publications/Corporate/stats_report_11_12.pdf

38.3% of the reported work-related injuries occurred in Dublin. The injuries reported varied in severity from superficial wounds to serious injuries like amputations, burns and poisonings.

In case of emergency

Health and Safety in the workplace is of cardinal importance and all employers, including the self-employed, are required to have Health and Safety protocols and documentation in place. The safety statement must relate to the specific workplace and work activities and must be based on the risk assessment of the hazards that may affect the employees or clients of/visitors to the Company.

It is vitally important to know who to call on behalf of your employees in the unfortunate event of an emergency or accident occurring in the workplace.

We have created a concise form so that employers can collect essential 'Emergency Contact Details' quickly and easily.

Blank forms should be circulated to employees and they should be asked to fill them out and return them to management. The information should be stored confidentially and only used or imparted to a third party (like the ambulance service) in the case of an emergency.

Simply click on the below image to download your copy of our ‘Emergency Contact Details’ form.

Emergency Contact Information, Next of Kin

By The HR Company Administrator|2024-08-12T10:26:27+00:00January 5th, 2024|Policies & Procedures|0 Comments

Bank Holiday Entitlements in Ireland
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Bank Holiday Entitlements in Ireland

HR Guide, Leave, Leave and Holidays

Bank Holiday Entitlements in Ireland

With the October Bank Holiday weekend fast approaching we thought you might find some information on Public Holidays and the relevant employer obligations/responsibilities around pay useful! There are nine Public Holidays in Ireland each year - they are: •New Year's Day (1 January) •St. Patrick's Day (17 March) •Easter Monday (Changes every year) •The first Monday in May, June & August •The last Monday in October •Christmas Day (25 December) •St. Stephen's Day (26 December) Here is a breakdown of the statutory outline of Public Holiday Entitlements under Irish Employment Legislation: Did you know that employees scheduled to work on a Public Holiday are entitled to an additional day's pay for the day? For instance, let's take “Employee A” as an example – “Employee A” works on the day the Public Holiday falls - let's say “Employee A” is a retail store employee and is required to work on St. Stephen's day as it is the first day of the store's seasonal sale - On a normal working day “Employee A” earns €100. This means that “Employee A” is entitled to receive the usual €100 for the hours worked on the Public Holiday as well as an additional €100 - So “Employee A” receives €200 for working on the Public Holiday. If there is any ambiguity in ascertaining what an additional day's pay should equal the employer should look at the last day worked prior to the Public Holiday. “Employee B” represents an employee who is normally scheduled to work on a day that a Public Holiday falls but is not required to work on that day (for example - an administrative assistant in a bank who typically works 09:00-17:00 Monday – Friday, who is not required to work on Easter Monday). “Employee B” should receive their normal day's pay for that day as well as not being required to work on the Public Holiday. On a normal working day “Employee B” receives €200. When a Public Holiday falls “Employee B” will not be required to work on this day as the business is closed. “Employee B” will still receive their normal day’s pay. The one that can cause the most confusion is the case of “Employee C” – Employees who are not normally scheduled to work on the Public Holiday will receive one-fifth of their normal weekly pay for the day. “Employee C”, for instance, works Wednesday – Friday and receives €100 per day in remuneration. If a Public Holiday falls on a Tuesday, even though “Employee C” never works that day he or she still has the right to benefit from the Public Holiday in some way. “Employee C” is still entitled to be paid a certain amount as a benefit for the Public Holiday (one-fifth of their normal weekly pay). If this employee earns €300 per three day week (Wednesday-Friday) they are entitled to earn an additional €60 during a week where a Public Holiday falls on a Monday or Tuesday. The above rules will apply for all Public Holidays.

By The HR Company Administrator|2023-11-20T12:51:47+00:00October 3rd, 2019|HR Guide, Leave, Leave and Holidays|154 Comments

Annual Leave Entitlements Guide Ireland
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Annual Leave Entitlements Guide Ireland

Annual Leave, Leave and Holidays

Annual Leave Entitlements Guide Ireland

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.

Here is an easy guide to assist employers in working out what leave should be allocated to each employee:

There are three methods used to work out leave entitlements:

a) The most common method used is: 4 working weeks in a leave year during which the employee works a minimum of 1,365 hours (Unless the employee has changed employment during that year). b) 1/3 of the employee’s working week per calendar month of at least 117 working hours (Eg: 1.67 * 12 = 20 days) c) 8% (.08) of the hours worked by the employee in the leave year (the total is not to exceed 4 working weeks) In some instances an employee’s leave could be worked out using more than one of the approaches listed above – where this is the case all applicable methods should be calculated and the employee shall be entitled to the highest result. Remember - the maximum statutory annual leave entitlement is four of his / her normal working weeks.

How to calculate an employee’s annual leave pay:

Not everyone works a 9-5 office job and not all employees earn the same gross figure on a weekly basis so here is a guide on how to determine holiday pay due to various categories of employees: (a) If the employee’s pay is calculated by a fixed rate or a salary then the figure due to the employee per week of paid annual leave is equivalent to the amount he or she received for the normal weekly working hours last worked - This payment includes any regular bonus or allowance (that isn’t based on work completed) - it excludes any overtime pay.  

(b) If the employee’s pay is not calculated by a fixed rate or salary but instead by commission, for instance (or based on productivity rates) the amount paid to this employee per week of annual leave should equal their average weekly pay calculated over the 13 weeks prior to their annual leave commencing. (If the employee did not work during that period, the average weekly pay is calculated over the 13 weeks prior to the employee’s last working day before the annual leave commences. This excludes overtime. In order to accurately calculate the number of annual leave days an employee is entitled to it is necessary to incorporate all hours worked in the calculation including time spent on annual leave (yes, employees accrue annual leave while on annual leave!), time spent on maternity leave, parental leave, force majeure leave or adoptive leave as well as time spent on the first 13 weeks of carer’s leave. Employees do not accrue annual leave while on sick leave, occupational injury, temporary lay-off, or career break.   If an employee falls sick during his or her annual leave this day(s) is not counted as annual leave (once it is covered by a medical certificate) and the annual leave day is kept for them to use at a later date. It is common practice for an employee to request their desired leave dates and usually, once an agreed period of advance notice is given (allowing the employer to arrange suitable cover etc.), the employer agrees. Annual leave is usually discussed in terms of weeks but, with employer consent, it can be broken down into shorter periods – often days or even half days at a time. It is the employer who approves holidays (it would not work from a business perspective if all employees were to arrange leave at the same time, for instance). The employer is, however, required to take the employee’s family responsibilities and need for rest and recreation into consideration. This annual leave must be given to employees within the leave year or, with the consent of the employee, within the first six months of the following year. The onus is on the employer to ensure that the employee takes their statutory leave allocation within the appropriate period. Employees may, with the consent of the employer, carry over holidays that exceed the statutory allowance to the next year. If the contract of employment is terminated and there is unused annual leave in respect of the employee the employer is obliged to compensate the employee for the accrued leave. It is illegal to pay an employee in lieu of the minimum statutory leave entitlement unless the employment relationship is terminated.

By The HR Company Administrator|2021-02-23T17:38:56+00:00December 6th, 2018|Annual Leave, Leave and Holidays|0 Comments

Risk Assessment for Pregnant Employees
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Risk Assessment for Pregnant Employees

HR Guide, Leave and Holidays

Risk Assessment for Pregnant Employees

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:

Standing/sitting for long periods
Lifting/carrying heavy loads
Threat of violence in the workplace
Long working hours
Excessively noisy workplaces
Exposure to toxic substances
Work-related stress
Workstations and posture

Set out below are the different stages of a pregnant employee risk assessment: Step 1: Identify the risks (bearing in mind that there may not be any. Step 2 - Determine what can be done to reduce/remove any of the risks identified in Step 1. This may mean modifying the working hours or conditions of the pregnant employee. This stage can also involve assigning the employee to an alternative role during pregnancy. It is important to remember that the employer is not allowed to alter the employee’s pay for the duration of this change in role. Step 3 – If the identified risks are great and no possibility of removal/reduction can be found (this may not be practical within the workplace etc.), the employer may decide to suspend the employee from duties until the health and safety of the mother and unborn child/children is no longer threatened. This is known as Health & Safety Leave. Health and Safety Leave can also be applicable for breastfeeding mothers. During Health & Safety Leave (the period of suspension) the employee is entitled to full pay from the employer for the first three weeks. Exceptions can occur if the employee has unreasonably refused to do the alternative ‘risk-free’ work offered to them or if the employee does not meet any reasonable requirements. 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.

By The HR Company Administrator|2021-02-23T17:45:25+00:00October 3rd, 2017|HR Guide, Leave and Holidays|0 Comments

Minor and Gross Misconduct Procedures
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Minor and Gross Misconduct Procedures

HR Guide, Policies & Procedures

Minor and Gross Misconduct Procedures

Proper conduct and professional behaviour in the workplace is essential to ensure the efficient operation of a Company on a daily basis. Employers need to define unacceptable conduct so that employees can differentiate between appropriate and inappropriate behaviour/actions.

The repercussions for breach of the behavioural policies or rules within an organisation should be clarified for all employees as it is very important to make them aware that their actions can lead to the disciplinary procedures being invoked. In severe cases misconduct in the workplace can lead to dismissal. There are two levels of misconduct – minor and gross. Minor instances of misconduct should initially result in informal advice being given by the Manager without having to resort to disciplinary action – if this approach proves unsuccessful then leaning on the formal disciplinary procedure may be required.

Examples of minor misconduct include:
Persistent lateness or absenteeism
Unsatisfactory standards of work or poor productivity
Disruption of other employees
Abusive language
Unauthorised use of property or negligent damage/loss of property
Failure to abide by Company dress code or Health and Safety procedures

  Cases of gross misconduct are more serious than ordinary instances of poor conduct. Gross misconduct can call for immediate dismissal and the employer does not have to give notice or pay in lieu of notice in these grave circumstances.   Examples of gross misconduct include:

Sleeping while on duty
Sexual harassment
Making false allegations of personal injury/accidents in the workplace
Gross indecent or immoral behaviour, deliberate discrimination or serious acts of harassment
Deliberate fraud – e.g. falsification of records in respect of the individual or another employee or deliberate misrepresentation
Smoking in breach of the Company policy
Endangering others through fighting/physical assault or abuse
Incapacity at work due to the use of intoxicants or drugs
Possession, supply or use of illicit drugs
Deliberate failure to carry out instructions, deliberate damage to Company policy/deliberate poor work performance
Breach of code of professional conduct
Providing confidential Company information to competitors or unauthorised bodies
Rudeness towards clients and objectionable behaviour – neglect of duties that could result in harm to clients
The taking of any property/money owned by colleagues or the Company without authorisation
Arriving to work under the influence of alcohol where carrying out duties may be hindered
Unauthorised use of Company property, facilities, or resources. Selling, attempting to sell or promoting the sale of non-Company merchandise while on Company premises.

Employers must commit to treating all staff fairly and equitably and to helping employees to perform effectively. However, in order to protect the interests of the Company as well as the employees, there will be occasions where the need to invoke the Company’s disciplinary procedure arises. It is important for Companies to have a Labour Court approved Disciplinary Procedure in place so that employees know what to expect in instances of discipline. The steps in a disciplinary policy should be followed closely, however, during the probationary period or where gross misconduct has occurred progressive steps can be skipped. Cases must be treated consistently and fairly. Employees engaged in disciplinary proceedings should be given ample opportunity to provide their version of events and extenuating circumstances should be taken into account (if any exist). Cases must be thoroughly investigated, discrimination must be avoided and procedure should be adhered to including carrying out disciplinary meetings and allowing the employee to be accompanied by a colleague.

By The HR Company Administrator|2021-02-23T17:46:36+00:00June 6th, 2017|HR Guide, Policies & Procedures|0 Comments

EAT Annual Report Highlights Shocking Statistics for Employers

The 2012 Annual Report of the Employment Appeals Tribunal has highlighted some astounding statistics 

According to Chairperson Kate T O’Mahony’s foreword “there are presently approximately 5,000 cases awaiting a hearing, of these 37% are unfair dismissals cases.”

According to the Chairperson’s foreword, “In its appellate jurisdiction the Tribunal deals with disputes about matters occurring during the course of the employment relationship. A notable trend in recent years has been the steady increase each year in the percentage of the Tribunal’s appellate work which, significantly doubled from 12% in 2011 to 24% in 2012.”

In 2012, employees had some sort of additional representation at the hearing before the Employment Appeals Tribunal on 1,917 occasions – employers, however, only had representation in 1,116 cases. It is clear that unfair dismissal cases see the highest level of representation but it is interesting to note that employee parties had representation in 1,071 cases and employer parties only had representation on 740 occasions.

Unfair Dismissal, EAT

In 2012, the Employment Appeals Tribunal received 5,623 cases.

The number of appeals against the recommendations of the Rights Commissioners received in 2012 was 1,349 – this number represents a 38% increase on the previous year and a staggering 81% increase on the 2010 total.

The top 3 categories of cases referred to the Employment Appeals Tribunal in 2012 were Unfair Dismissal (1,742), Redundancy (1,239) and Minimum Notice & Terms of Employment (929).

In 2012, the Employment Appeals Tribunal awarded almost €7million in 377 Unfair Dismissal cases. The average compensation awarded was more than €18.5k. *96 claimants received more than €25k

The number of Payment of Wages cases disposed of in 2011 was 154 – this number rose by 164% to 407 in 2012.

The number of Maternity Protection Acts appeals rose from just 2 in 2011 to 11 in 2012.

Standard HR Services from The HR Company

By The HR Company Administrator|2017-01-02T10:59:52+00:00June 17th, 2015|Contracts of Employment|0 Comments

Important Employer Responsibilities re Employees working with VDUs

A significant number of employees regularly work with Visual Display Units (VDUs) as part of their role.

Employers – Did you know that there are a range of measures that you must adhere to with regard to VDUs in your workplace?

*The following are the categories of employees who will be covered by these Regulations;

If the employee has no choice but to the use the VDU to carry out his or her work.
If the employee normally uses the VDU for continuous periods of more than one hour.
If the VDU is generally used by the employee on a daily basis.

Please note that a normal laptop is not covered by these Regulations due to the fact that the keyboard is tilt-able and separate from the screen so as to allow the user to find a comfortable working position hence avoiding fatigue in the arms or hands of the employee.

*In accordance with the Safety, Health and Welfare at Work Acts 2005 and 2010, employees working with VDUs are entitled to have their workstation assessed in line with the following requirements;

The Company must ensure that the general use of the equipment is not a source of risk for the employee.
The Company is obliged to perform an analysis of the employee’s workstation in order to evaluate the safety and health conditions to which it may give rise.
The Company must take appropriate measures to remedy any risks found during the workstation analysis.

Employer Responsibilities

*Upon the commencement of their employment employers must ensure that;

Employees are trained in the use of the VDU workstation and given information about health and safety factors.
Employees receive periodic breaks or changes of routine (away from the VDU).

Employees receive appropriate eye and eyesight tests (or may opt for either) before working with VDUs as well as at regular intervals throughout their employment with the Company.

If an employee experiences any eyesight/physical problems as a result of working with a VDU, the employee should highlight the issue to his or her manager as soon as possible.

*Some notable points for employers;

•             If special corrective appliances (glasses) are required exclusively for working at a display screen, they must be provided by the employer at no cost to the employee. The costs of minimum requirement frames and lenses must be borne by the employer.

•             Should the glasses be used also for other purposes the employer must cover the cost of the correction required for working with display screens only.

•             Employer obligations relating to the various components of the workstation (from chairs to the display screen, lighting, noise levels, heat, radiation and humidity) are also included in the Acts.

We have created a draft VDU Policy for you to incorporate in your Employee Handbook alongside all of your other HR policies.

Click the below image in order to download our draft policy that you can tailor for your Company.

By The HR Company Administrator|2017-01-02T10:59:50+00:00June 17th, 2015|Contracts of Employment|0 Comments

Employers – Do You Know the New Regulations re Mobile Phone Use While Driving?

 

Employers - Did you know that, as of today May 1st, 2014, New Legislation on the Use of Mobile Phones While Driving will be effective?

For some time now it has been illegal to talk on the phone or send text messages while driving. However, an amendment, effective 1^st May, 2014, will tighten up on the rules which saw some people dodge penalties if the phone was operated while resting in a “cradle” or via a hands-free kit, for instance.

The amendment to the existing legislation governing phone use while driving, which was signed by Leo Varadkar, Minister for Transport, on 11^th April, 2014, makes it an offence for an individual to "hold” a mobile phone while driving a mechanically propelled vehicle in a public place.

Holding the mobile device includes supporting or “cradling” it with any part of your body (not just your hand) e.g. between the neck and shoulder. It is not a requisite that a person is actually engaged in a conversation on the phone. Similarly a person sending or even reading a text message (including SMS/MMS), or accessing information via the internet/e-mails etc. is committing an offence if "holding” the device as outlined above.

Sending or reading a text, in this instance, does not include anything done without touching the mobile phone or through voice activation.

The offence is punishable on conviction with a fine of up to €1,000 (first offence). The fine could reach €2,000 for a second offence. Three offences within 12 months could see a motorist face a 3 month jail term in addition to a fine. This is in addition to penalty points.

Close to 10,000 people were detected holding a mobile while driving in the Republic of Ireland between the beginning of January and the end of March 2014.

Assistant Garda Commissioner, John Twomey, communicated the staggering statistic that a motorist is four times more likely to have a collision when using a mobile phone.

Employers should issue employees with a notice detailing the important new regulations so that they are aware of their responsibilities. This notice should also serve to inform the employees that the Company will not cover the cost of road traffic offences including fines received under the penalty points system. Your notice should let employees know that these costs will be borne by the employee regardless of whether the vehicle was being driven for private or business use at the time the offences occurred.

We have prepared a sample Notice to Employees to help you to explain the new legislation – this can be downloaded by clicking the below image.

Mobile Phone Use, New Legislation, Notice to Employees

We hope you find it helpful!

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

Annual Leave Calculation, all hours to be included
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Annual Leave Calculation, all hours to be included

Policies & Procedures

Annual Leave Calculation, all hours to be included

Did you know that all hours worked by any employee are taken into account when calculating Annual Leave?

This will include any hours worked in addition to normal working hours.

Further to this there are additional leave periods that will be included when calculating Annual Leave for an employee:

Maternity Leave
Public Holidays
Adoptive leave
Parental Leave
The first 13 weeks of Carers leave
Force Majeure Leave

These are protected leave periods and therefore Employees continue to accrue Annual Leave while on any of the above listed leaves.

Leave that is not included when calculating Annual Leave for an employee:

Sick Leave
Occupational Injury (sick leave as a result of such injury)
Temporary Lay-off
Career Break

By The HR Company Administrator|2020-09-15T08:24:51+00:00June 17th, 2015|Policies & Procedures|0 Comments

Carer’s Leave – What Employers need to Know.

Carer’s Leave

In accordance with the provisions of the Carer’s Leave Act, 2001, if an employee has completed 12 months’ continuous service with you; he or she is entitled to take unpaid Carer’s Leave in order to care for a person (a ‘Relevant Person’) who requires full-time care and attention. Carer's Leave is protected leave.

A ‘Relevant Person’

A ‘Relevant Person’ is a person who is over the age of 16 and is so incapacitated as to require full-time care and attention or a person who is under 16 and in receipt of a Domiciliary Care Allowance. A Deciding Officer of the Department of Social Protection determines whether or not an individual qualifies as a ‘Relevant Person’. Employees may be entitled to receive Carer’s Benefit/Carer’s Allowance whilst on leave. You should inform employees that they should apply to the Carer’s Benefit Section at their local Social Welfare Office so their eligibility can be assessed. There is no statutory obligation on you as an employer to pay employees during Carer’s Leave.

Entitlements

Other than their right to remuneration, you should treat employees as though they have been working during a period of Carer’s Leave. Annual Leave and Public Holidays will accrue as normal for employees during the first 13 weeks of Carer’s Leave. The minimum statutory entitlement is 13 leave weeks and the maximum period is 104 weeks. The 104 weeks (2 years) can be taken in one continuous block or it can be broken up into multiple separate periods of leave – there must be a gap of at least 6 weeks between periods of Carer’s Leave.

Application/Notification

If one of your employees intends to avail of Carer’s Leave then he or she should write to you not less than 6 weeks before the proposed commencement of the leave in order to apply for this leave. The application should include the following details:  

The manner in which the employee intends to take the leave
The proposed commencement date and, where possible, end date (this won’t always be possible – especially if the ‘Relevant Person’ is terminally ill; for instance)
That he or she has made an application to the Department of Social Protection for a decision to be made in respect of the person for whom they propose to avail of the leave

A confirmation document should be signed by you and the employee prior to the commencement of Carer’s Leave. If the employee would like to return to work on a different date than previously agreed (if one was agreed) then he or she should provide you with a ‘Notice of Return to Work’ not less than 4 weeks prior to the intended return date.

Termination of Carer’s Leave

Carer’s Leave may be terminated for several reasons. If it becomes apparent that the person for whom the care is being provided is not in need of full-time care any longer for whatever reason, you may terminate the leave. The Department of Social Protection will make a decision in certain instances. To download our Staff Suggestion Form click the image below ->

By The HR Company Administrator|2021-02-23T17:49:11+00:00June 17th, 2015|Carers Leave, HR Guide, Leave and Holidays|0 Comments

Irish Employment Legislation Updates and Guidance

Here is an easy guide to assist employers in working out what leave should be allocated to each employee:

There are three methods used to work out leave entitlements:

How to calculate an employee’s annual leave pay:

A significant number of employees regularly work with Visual Display Units (VDUs) as part of their role.

Click the below image in order to download our draft policy that you can tailor for your Company.

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Employers - Did you know that, as of today May 1st, 2014, New Legislation on the Use of Mobile Phones While Driving will be effective?

We have prepared a sample Notice to Employees to help you to explain the new legislation – this can be downloaded by clicking the below image.

We hope you find it helpful!