Irish Employment Legislation Updates and Guidance

Managing Training Administration for Multinationals

We all know how important it is to get the right people to the right place at the right time – this becomes even more of an issue when it comes to business. In fact, it is absolutely critical to get the balance right where business is concerned.

Organising people is not an art form – but it can be extremely delicate work at times. Ensuring employees have everything they need when they get where they are going is an even trickier task. This is the very reason we provide training administration management services for multinationals and large companies in Ireland.

Once you have analysed and planned your company’s specific training needs The HR Company will fully administer your entire training process…. from the scheduling of people, to the scheduling of venues and equipment. We even assess programme content and provide outstanding maintenance of training records. Managing Training Administration Some of our services are listed below: • Management of all training vendors •Scheduling of training programmes •Management of training venues and facilities •Maintenance and administration of training records •Feedback assessment of programme content •Establishment of a single point of invoicing for training programmes •Succession planning •Tailored generation of reports and statistics If you have any queries at all please do not hesitate to get in touch.

HR Guidance for Childcare Facilities in Ireland

Crèches in Ireland have come under intense scrutiny in recent weeks. On the 28th of May 2013 the Prime Time Investigates programme “A Breach of Trust” highlighted grave mishandling of infants in the care of a number of crèches in the Leinster region. While the programme uncovered substandard care in three specific childcare facilities it exposed widespread failures in the industry in general. The programme researchers acquired a HSE inspection report that illustrated that a staggering 75% of Irish childcare facilities were in breach of regulations in 2012. Understandably, these statistics caused uproar and opened up a huge debate on childcare standards throughout the nation. Many parents were very upset by the revelations of breaches in child protection regulations. The poor practices exposed in certain crèches distressed many people and the disturbing reports have seriously tainted the image of the childcare industry in Ireland. Crèches in Ireland, childcare facilitiesSubsequent to the Prime Time Investigates programme there have been two reported incidents of unaccompanied toddlers leaving crèches in Dublin while in the care of employees at the facilities. The most recent of these incidents occurred last Friday, 21st June, where two little boys made it out of a Giraffe Crèche on the North side of Dublin. The boys were lucky to have been spotted before they made it as far as the busy road behind the building. These revelations have again raised serious concerns and the childcare industry will have to work hard in order to earn back the trust of parents. In order to protect their reputation it is absolutely vital that management in childcare facilities take the steps necessary to ensure that all employees are fully qualified for the roles in which they have been hired. It is imperative that all employees working with children are vetted thoroughly and that all relevant paperwork is in place. The HSE report from 2012 highlighted serious policy breaches and failures on numerous grounds like the child-carer ratio. It is imperative that employers seek advice from Employment Legislation experts if they need clarification on policies and procedures that they are required to have in place or if they need help in determining whether or not they have the appropriate paperwork on file. The National Employment Rights Authority (NERA) is carrying out inspections to ensure that all employers have contracts of employment in place with their employees as well as employee handbooks and so on. NERA seeks to ensure that employment paperwork is up to date with all of the recently implemented employment legislation changes. NERA inspectors can impose large fines if they find that employers are in breach of the regulations. It is essential that all facilities are adequately staffed and that management take every precaution in ensuring a high standard of protection and care for children at all times. One suggestion perhaps might be to install a CCTV system to monitor the interaction between employees and children – before doing so, however, a CCTV policy is required – again, it is essential to seek advice from the appropriate body if you are considering such a course of action. Creches in Ireland, Childcare facilities in Ireland, Mishandling of infants Reports suggested that multiple employees were suspended and at least one dismissed after the Prime Time Investigates programme aired in May of this year. Employers need to remember that, to avoid any risk of exposure, it is absolutely imperative to follow approved disciplinary procedures prior to disciplining employees. Regardless of the severity of the situation there are steps that need to be followed in order to ensure employers remain compliant with all Irish Employment Legislation. It is vital to follow procedures that are in line with the Labour Court recommendations to insulate your company against the risk of a future claim. To avoid jeopardising the process contact an Employment Law expert prior to initiating any disciplinary action and arm yourself with the appropriate guidance. childcare facilities in Ireland, Children being mishandled in Crèches

By |2017-01-02T11:00:26+00:00June 17th, 2015|HR Guide|0 Comments

Human Resources support in Ireland

Human Resources Support in IrelandAdministration can be an extremely frustrating and time-consuming part of the job but efficient internal mechanics (the nuts and bolts if you will) is what keeps the HR department flowing smoothly. Well-organized administration is what maintains the forward moving momentum of the company yet it is the element of human resources that most HR professionals look upon with trepidation. Rightly so – it’s not glamorous – in fact, one could call it the ‘slog’ work.  The professionals at The HR Company thrive on it and turn it into something useful…. information. From processing new employees to delivering redundancy packages, our HR systems management covers every aspect of back-office administration. The HR Company’s dedicated account managers do much more than administer and process, however, they track your company’s HR information and prompt you and your employees to keep information fresh and up-to-date to avoid any unforeseen issues. Dedicated account managers at The HR Company also use this information to generate the reports and statistics you need to integrate HR into your company’s overall strategic planning. Here is a list of the main tasks that fall under the tricky Human Resources Administration umbrella: •Data entry of new employees •Setting up of email aliases and accounts •Tracking headcount movement •Processing applications •Processing appraisals •Tracking vacation time •Provision and management of electronic filing systems •Preparation and delivery of redundancy packages •Payroll Processing •Tailored generation of reports and statistics HR Ireland We can help to ease the burden of HR administration in a cost-effective manner.

By |2017-01-02T11:00:27+00:00June 17th, 2015|HR Topics|0 Comments

Breaks and Rest Periods in the Irish Workplace

Break Periods in Work Under the Organization of Working Time Act 1997 every 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 Organization 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 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 their work schedule incorporates this period. Breaks in work - rest periods Employees are entitled to 11 consecutive hours of rest in a 24 hour period – on top of this an employee should receive 24 hours of consecutive rest 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 Organization of Working Time Act 1997 directives. The working terms and conditions for people under the age of 18 are regulated by the Protection of Young Persons (Employment) Act 1996. Rest periods in work - break 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 certain circumstance this period can be extended to 12 months).  

Reminder for Employers: Taxation of Maternity Benefit – July 1st 2013

The Minister for Finance, Michael Noonan T.D., published the Finance Bill 2013 on 13th February 2013. The Bill provided for the Budget day announcement that, effective 1st July 2013, Maternity Benefit, Adoptive Benefit and Health & Safety Benefit payments will be treated as taxable income. As with all other Social Welfare payments; Maternity, Adoptive and Health and Safety Benefit will remain exempt from Pay Related Social Insurance (PRSI) and Universal Social Charge (USC). 

 

taxation of maternity benefit

This measure will mean that women entitled to these benefits will pay the same level of income tax while in receipt of the benefit as they do when they are working.

Once the benefit is approved by the Department of Social Protection, Revenue will be notified of the applicable figure and will reduce the relevant allowances (tax credit and standard rate cut-off point in respect of the employee) accordingly. Revenue will notify the employer or pension provider of the applicable adjustment by means of a new P2C in respect of the employee. The P2C is the employer copy of the employee tax certificate.

The issuance of a revised P2C is the only thing that the employer needs to be actively aware of in relation to maternity or adoptive benefit. However, since the employer pays the first 21 days of the Health and Safety benefit the new taxation provided for in the Finance Bill may have more of an impact on the employer and the payroll administrator here.

maternity benefit

The net income paid to the recipient for the period is going to be reduced by the new taxation. Consequently, one significant result of this new provision might be mothers/expecting mothers availing of reduced periods of maternity/adoptive leave.

By |2017-01-02T11:00:30+00:00June 17th, 2015|Policies & Procedures|0 Comments

Large businesses requiring on-site HR support

On-site HR support For organisations that require face-to-face, on-site HR support, we provide the services listed below, which have been categorised into five distinct components. Depending on the level of your requirement, we do this by either putting HR specialist(s) into your business on a permanent basis, or we provide you with full remote back-up complemented by regular site visits.

1. Legal

It is critically important that when one addresses any of the core HR activities, they must be carried out within the confines of the legal framework that exists. We will advise you to ensure that you are complying with all current legislation.

2. Mediation Services

We provide a full range of mediation services whereby we resolve many internal employee and industrial relations issues that arise within the workplace. This can include direct negotiations with solicitors, third parties and trade unions.

3. Staff Retention and Benefits

We assist you to ensure that you do what is necessary to keep your employees within the organisation. This covers the entire area of salary planning, benefits planning, benefits administration, performance management and face-to-face group meetings, or one-on-one discussions.

4. Recruitment

This involves us in the hiring process from the very beginning, from writing up job profiles and descriptions to advertising, arranging interviews, checking references, and issuing contracts.

5. Training and Development

The service we offer in this space includes identifying training requirements, driving the training programme and the training vendors, right through to succession planning, key people identification, skills identification and management development.

The Smart Solution for Businesses - We aim to ensure that you, our client, are not constrained by the legislation that exists today, but are aware of it and acting in accordance with it.

The service includes salary surveys to support your salary planning and review process, design and implementation of your policies and procedures and inclusion of these in the company handbook.

As part of this service, a company is provided with on-site representation approximately once per month.

By |2017-01-02T11:00:30+00:00June 17th, 2015|Policies & Procedures|0 Comments

HR support and guidance for companies in Ireland

In this era of increased employee litigation the Labour Court has thousands of cases waiting to be heard - In a huge number of these cases the employer will end up paying substantial sums in compensation to employees (or former employees). In a lot of instances the award will be made as a result of the employer failing to follow appropriate procedures when dealing with an employee.

HR support, HR advice, Irish Employment LegislationUnfortunately, the onus is on the employer to prove that he or she acted in a fair manner - the motives behind his or her decisions will be scrutinised. Everything must be justified.

On a daily basis we hear of Unfair Dismissal cases succeeding - the rulings are regularly shocking... even to Irish Employment Law professionals. We see employers being forced to pay huge sums due to the occurrence of harassment/bullying - often the employer is not even aware that such an activity is taking place - yet it is the responsibility of the employer to ensure that this type of situation does not arise in their workplace.

A recent example of harassment in the workplace occurred in a fast food company in Blackpool, Cork where two employees were subjected to sexual harassment by another employee.

An Equality Tribunal ruling found that a lesbian couple, who both worked for a fast food restaurant in Cork, were forced to endure obscene remarks and queries about their relationship and sexuality from another employee at the branch.

The tribunal found that management at the restaurant failed in their duty to take the appropriate steps to protect the women and consequently were instructed to pay €15,000 to the couple.

Under Irish Employment Legislation it is the duty of the employer to provide a workplace that is safe for lesbian women and gay men to be open about their sexuality.

Bullying/Harassment in the workplace
This is something that all employers need to pay close attention to - this kind of sum could sink a small company - we heard yesterday that Ireland's economy is receding again - We know the whole area can seem like a minefield but companies simply can't afford to be careless when it comes to employee related matters. It is crucial to keep on top of the regular updates in Legislation.

Did yo know that parental leave has recently been increased from 14 to 18 weeks?

Did you know that Maternity, Adoptive and Health and Safety Benefits are taxable as of 1st July 2013?

The National Employment Rights Authority (NERA) is carrying out inspections in Irish workplaces and imposing fines where employers are in breach of Irish Employment regulations.

The employer is legally required to have contracts of employment in place with all employee who have accrued 2 months' service - employers also need to have employee handbooks in place.

Contracts of Employment, Irish Employment Legislation Without employment documentation and clear and appropriate policies and procedures in place the company is not insulated against the risk of a fine - many employers are exposed at the minute and need some guidance to ensure they are protected in the future.

We are Irish Employment Legislation specialists and are offering complimentary consultations/audits to employers in Ireland who feel that they would benefit from a meeting with one of our HR specialists.


Do not hesitate to leave us your details and we will be in touch shortly to arrange a complimentary (no-strings-attached) audit of your documentation or just a general consultation that will hopefully help your understanding of employer responsibilities.
By |2017-01-02T11:00:29+00:00June 17th, 2015|Policies & Procedures|0 Comments

Benefits and Compensation Administration

In a competitive job market compensation and benefits take on an even greater level of significance. Unfortunately, the management of such benefits can also take on an added level of complexity.

The HR Company takes the complexity back out. We take the guess-work out of decision making by surveying the marketplace and keeping you informed.

We take the headache out of administering compensation and benefits by providing you with a variety of specialised back-office services. These include everything from processing pension and medical plans to managing and organising your company’s Organisational Health Index.

Managing Compensation and Benefits in Ireland

Here is a list of some of the services we offer to assist companies with their compensation and benefits management:

 

•Pension/medical membership processing

•Salary survey, planning & administration

•Salary/Bonus/Stock system processing

•Company Car policy management

•Mortgage application processing

•Maternity/Parental Leave benefits

•Flexible benefits

•Advise on, manage and organise annual Benefits and Expo & Health Awareness Programme

•Manage & organise company OHI

•Manage Outplacement Programme

•Tailored generation of reports & statistics

 

If you require guidance or support with benefit and compensation administration then look no further than The HR Company.

 Benefits and Compensation Administration

By |2020-09-15T09:49:08+00:00June 17th, 2015|Policies & Procedures|0 Comments

The HR Company – Who we are and what we can do for you

We provide a virtual employment law service over the phone and on email.  It entails making sure your business is compliant at all times.  We issue contracts of employment, handbooks, handle disputes, issue warning letters and basically offer a 24/7 helpline. We provide an unlimited service with regard to any issues in the workplace.

 

We are a long established Irish owned ‘HR Compliance’ Company, specialising in Employment Law and Legislation, we are based in Sandyford, Dublin with 23 staff.

 

We support small to medium sized companies in ensuring that your business is compliant from an employee perspective, therefore keeping you legal. We protect you and act as your eyes and ears on all Irish Employment Law issues.

 

The Cost of the service is €99+vat per month up to 30 employees and thereafter €3.50 for each additional employee minimum subscription of 1 year.   

 

There is a once off set-up administration fee of €200 +vat.  This is normally issued via cheque.

 The HR Company, Hr Outsourcing Hr Support, Irish SMEs

In summary, we support associations by providing you with customised and personal advice on any Employment Law issues 24 hours a day, 7 days a week.

 

·       We handle all Grievance Issues in the work place

·       We manage all work associated with reducing working hours and any redundancies

·       We interpret all employment legislation where we deliver all Disciplinary recommendations, we will even write the disciplinary letters for you. These will be customised, we do not work with samples or templates. What you will receive on email will be the final document, you will not have to make any edits or changes

·       We will guarantee you are NERA compliant

Did you know? - That NERA inspectors are currently carrying out investigations to ensure that businesses are compliant with employment law legislation and that labour inspectorates have the right to request access to employment records such as, Hours of Work, Public Holiday Benefits, Annual Leave, Wage Sheets and Legally Compliant Contracts. 

Non compliance can result in fines ranging from €650 to €1,900 depending on the offence with a proposal currently in place for the maximum fine to be increased to €5,000 and/or imprisonment of up to 12 months and summary conviction or a maximum fine of €250,000 and/or imprisonment of up to 5 years and indictment.  

The Hr Company, Irish Employment Law Specialists, Hr Support Services Ireland

·       We will answer any question of employee legislation ie what rights does an employee have under the Maternity leave act/Parental leave act/Force Majeure/Compassionate leave/Part-Time / Casual workers and their rights!

·       We will manage any conflict in the organisation

·       We manage Bullying & Harassment in the workplace

·       We handle all Performance Issues and provide recommendations on what to do.

·       Negotiation with Trade Unions

·       Dealing with the LRC (Labour Relations Commission)

·       We will issue all contracts of employment and email to you, these will be customised and again not samples.  Every time you hire new people, you just let us know and we will have a Contract of Employment for them within 24 hrs.

·       We will write an Employee Handbook specific to your business, we do not use ‘one suits all’

Your dedicated account manager is available to your for advice and support on all HR issues whenever you need to ask a question.

Why not get your HR documents audited by one of our specialists free of charge and avail of a complimentary 1:1 (no obligation) Irish Employment Legislation consultation at your premises?

In this extrememly litigious era where employees know their rights insulate your company and treat yourself to peace of mind by availing of our free consultation -

 

 

 

 

Please note all our legal documents ie Contracts of Employment and other documents are all copyright protected and will be issued in PDF format only

By |2017-01-02T11:00:28+00:00June 17th, 2015|Policies & Procedures|0 Comments

Theft in the workplace – A serious issue for employers

The HR Company aims to assist employers by giving guidance on all HR related topics - here we advise on what to do when theft is suspected in the workplace:

Request for guidance from employer:

I know somebody in my staff is stealing money from the till. I'm pretty sure I know the culprit. What are my options? I have a staff of nine, all of whom handle cash. I don't have closed circuit TV.

 


stealing in the workplace

The HR Company expert advice:

As with any accusation of theft, the onus of proof is on the Employer to establish the culprit. Therefore the business needs to have an appropriate policy in place to investigate such allegations. An Employer should have a Right to Search policy in place in their contracts of employment and Company Handbook. If there is no such policy, an employee has the right to refuse a search of their personal items.

To uncover the person responsible for the theft, there should be markers placed on notes and then a search carried out to obtain the proof. If there is CCTV in place, then the recorded evidence should be obtained.

 

How to handle theft at work

Common Pitfall:

An Employer discovers there is a theft of money and conducts a 'Witch Hunt' of the staff member they suspect, and this staff member can then claim that they are being victimised in the workplace.

Employers often end up paying out thousands of euro for disciplining employees without following appropriate procedures


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