All you need to know about HR!
Supporting Business Owners, Directors and HR Professionals with the latest in HR trends and news.
June 2015
Important Points for Employers re Data Protection
The Data Protection Acts 1988 and 2003 provide rules that apply to the collection, use, disclosure and transfer abroad of information about individuals. The Acts cover the principals that companies must follow when processing personal data about employees as well as information about clients/residents.
The Acts also give individuals certain rights in relation to personal data that is held about them.
If you as a Company collect, host or process data about people on any type of computer or structured filing system, then you are considered a data controller under the Acts.
Every Company holding information about individuals should have a Data Protection Policy in place and should ensure that all IT administrators and employees with access to personal/confidential information are fully trained on the rights and responsibilities associated with that access.
Billy Hawkes, the Data Protection Commissioner, ensures that companies that keep personal data are in compliance with the Acts. The Commissioner has a range of enforcement powers to help guarantee that the provisions of the Acts are observed. The Commissioner can serve legal notices compelling data controllers to provide information needed to assist with his enquiries. He can also compel data controllers to implement provisions of the Acts in a particular prescribed manner.
He may investigate complaints made by members of the public and can authorise officers to enter sites with the aim of inspecting the type of personal information kept as well as how it is processed and the security measures that the data controller has in place. Companies are required to co-operate fully with such data protection officers.
Data controllers who are found guilty of offences under the Acts can be fined up to €100,000 on conviction and may be ordered to delete all or part of their database.
The Data Protection Commissioner publishes a report annually naming, in certain cases, data controllers who were investigated by his office.
On 12th May 2014 Billy Hawkes launched his Annual Report for 2013. The report contains a summary of the activities of the Office of the Data Commissioner during the entire year.
The Annual Report highlights a huge number of individual complaints that were referred to the Office regarding difficulties in gaining access to personal data. According to the report these were as a result of poor customer service standards by commercial entities.
It appears as though individuals who feel as though they are not receiving sufficient customer service from a commercial entity are exercising their data protection rights more regularly and are more frequently requesting a copy of all personal data held by that entity.
If the initial query or request had been comprehensively dealt with in the first instance then perhaps they would have been less likely to exercise their data protection right to request a copy of all personal data held about them.
Employers should note that telephone call recordings are considered personal data. The Office has seen as increase in the number of access requests to data controllers by individuals seeking a copy of telephone recordings. Organisations are obliged to inform data subjects that their call may be recorded if a call recording system is in operation.
Throughout the course of 2013 the Office opened more than 900 complaints for investigation. More than 500 of these complaints (56.8%) were from individuals who experienced difficulty when gaining access to their personal data held by organisations. This was a record high for this type of complaint which is indicative of the increased level of awareness among the general public of their statutory right of access.
Last year the Office dealt with 1,577 Data Security Breach notifications. The 2013 Annual Report contains a variety of case studies regarding Data Security Breach investigations. One such case study involved the taking of a client list by a former employee to a new employer. This has emerged as a regular issue in recent years and is a serious breach that is a big concern for all employers.
Civil sanctions may result where a person suffers any damage as a consequence of failures on the part of a data controller to meet his/her obligations.
In November 2013 it was discovered that the personal information of more than 1,500,000 people was compromised by a major security breach at a Co. Clare based Company. In an RTE Morning Ireland interview at the time, Mr. Hawkes admitted that “cyber-criminals have become extremely sophisticated and it can be quite difficult to actually identify that your system has been perpetrated.” This was one of the worst data breaches in Irish history.
The Society for Chartered IT Professionals in Ireland, known as the Irish Computer Society (ICS), carried out a recent survey on data protection in Ireland and the results, which were published in January 2014, were astonishing.
256 Irish based companies were surveyed and a record number of data breaches were reported to have occurred in 2013. Findings revealed that one in two of the surveyed companies experienced a data breach during the last 12 months. In fact, more than 20% of the companies contacted by the ICS reported multiple breaches. These statistics mark a significant increase on last year’s figures when 43% of companies examined reported a breach.
According to the results, one third of employees are not fully aware of data protection issues and many receive insufficient data protection training or, alarmingly, no relevant training whatsoever.
Several IT managers admitted that Data Protection policies are not implemented at all in their Company or they are only partially adhered to. The survey has highlighted the need for companies to manage their data processing environment much more carefully and provide additional training for their IT administrators and all employees who have contact with personal information pertaining to employees/clients. According to the ICS survey, negligence on the part of employees accounted for 77% of the reported incidents. Hackers seeking to obtain data and unencrypted laptops were also cited as major threats.
According to Fintan Swanton, Chairman of the Association of Data Protection Officers, “Clear policies and procedures are vital, with regular refresher training and timely reviews to ensure that staff are complying with the structures.”
It is important for employers to be aware that new data protection legislation will require most organisations to appoint a Data Protection Officer.
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 1st 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 11th 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.
We hope you find it helpful!
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;
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If the employee has no choice but to the use the VDU to carry out his or her work.
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If the employee normally uses the VDU for continuous periods of more than one hour.
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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;
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The Company must ensure that the general use of the equipment is not a source of risk for the employee.
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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.
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The Company must take appropriate measures to remedy any risks found during the workstation analysis.
*Upon the commencement of their employment employers must ensure that;
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Employees are trained in the use of the VDU workstation and given information about health and safety factors.
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Employees receive periodic breaks or changes of routine (away from the VDU).
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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.
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.
- 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.
The Role of NERA in our Workplaces
In the 6 month period between January and June 2013, The National Employment Rights Authority (NERA) conducted 2,755 workplace inspections. A staggering 1,458 (53%) of these inspections were unannounced!
NERA’s update on activity from January to September 2013 illustrated the following:
*In the first 9 months of 2013 the NERA Customer Service Unit provided information to more than 48,484 people. The vast majority of people who received information from the Customer Service Unit were employees or former employees (an estimated 71%).
*Redundancy, Working Hours, Conditions and Terms of Employment, Payment of Wages and Unfair Dismissal were the main topics/issues dealt with during the period.
*The Workplace Relations Customer Services (which deals with complaints in relation to all employment rights bodies) received 11,787 Employment Rights Complaints between January and July of 2013. This number represents a significant increase on the same period in 2012 when 9,809 complaints were received.
*4,009 workplace inspection cases were completed in the first 9 months of 2013. These cases involved more than 44,100 employees. This represents a significant increase on the 2012 figure of 3,140. The amount of unpaid wages recovered totalled €583,650.
*In the period between January and September 2013, 33 cases were referred for prosecution. 47 convictions were recorded in cases heard by the Courts during the first 9 months of last year.
http://www.workplacerelations.ie/en/Publications_Forms/NERA_Update_September_2013.pdf
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.
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
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
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. 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 1st 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. 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. 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 Applicable Minimum Notice Periods for Employees in Ireland
The Minimum Notice Acts 1973 to 2005 ensure that every employee who has been in the continuous employment of his or her employer for at least 13 weeks is entitled to a minimum notice period before you, as the employer, may dismiss that employee. The statutory period varies depending on the length of service (outlined below). It is essential to note that if you do not require the employee to work out their notice you, as the employer, are obliged to pay the employee for the applicable period.
- If the employment lasted between 13 weeks and 2 years the Acts provide that you should pay the employee one week's notice before termination of employment
- If the length of service is between 2 and 5 years then the notice period must be 2 weeks
- For 5 to 10 years then the appropriate notice is 4 weeks
- From 10 to 15 years then 6 weeks’ notice must be given
- For more than 15 years the employee is entitled to a notice period of 8 weeks.
If it is the employee that has made the decision to terminate the employment contract and he or she has carried out 13 weeks of continuous employment with the company then he or she is obliged to serve you, as the employer, with notice 1 week prior to the departure date (unless the contract of employment provides for a longer notice period).
It is important to bear in mind that the Acts do not apply to:
- Members of the Permanent Defence Forces (except temporary staff in the Army Nursing Service
- Members of An Garda Síochán
- Seamen signing on under the Merchant Shipping Ac
- The immediate family of the employer (provided they live with the employer and work in the same private house or farm
- Established civil servants
It is very important to note that the Acts do not affect your right or that of the employee to terminate a contract of employment without notice due to the gross misconduct of the other party.
A Workplace Relations Customer Services department has been set up at the offices of the Department of Jobs, Enterprise and Innovation. This resulted from the amalgamation of the information services previously provided by the National Employment Rights Authority’s Contact Centre and the general enquiries areas of the Equality Tribunal, the Rights Commissioner Service and the Employment Appeals Tribunal.
This section has responsibility for:
- information provision in relation to employment, equality and Industrial Relations rights and obligations
- the receipt and registration of all complaints referred to the five Workplace Relations Bodies, and
- dealing with enquiries concerning all complaints.
From 3rd January 2012 all complaints to the Workplace Relations Bodies have been channelled through Workplace Relations Customer Services, where they are registered, acknowledged and referred to the relevant adjudication body.
No Adoptive or Maternity Leave Ireland for "Commissioning Mothers"
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 18th 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.
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.
On 30th 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’.
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.
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.
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.
Under 18 Work Register – Employer Responsibilities
In accordance with the Protection of Young Persons (Employment) Act, 1996 employers are required to keep a register of employees that are under the age of 18. The basis for this is to guarantee the protection of young people and to ensure the workload assumed is not jeopardising their education.
During a National Employment Rights Authority (NERA) assessment the inspector will request access to the company’s register of employees under the age of 18 (if the company employs workers in this category).
There are strict rules that employers must adhere to when employing those under the age of 18.
According to the Act employers cannot employ children under the age of 16 in regular full-time jobs.
Children aged 14 and 15 may be employed on a controlled basis.
Some rules to pay attention to:
- They can do light work during the school holidays – 21 days off must be given during this period.
- They can be employed as part of an approved work experience or educational programme where the work is not harmful to their health, safety or development.
- They can be employed in film, cultural/advertising work or sport under licences issued by the Minister for Jobs, Enterprise and Innovation.
- Children aged 15 may do a maximum of 8 hours of light work per week during the school term. The maximum working week for children outside of the school term is 35 hours (or up to 40 hours if they are on approved work experience).
- The maximum working week for children aged 16 and 17 is 40 hours with a maximum of 8 hours per day.
There are many obligations on the employer when he or she employs a young person – here is a list of some of the items that employers must be vigilant of:
An employer must be provided with a copy of the young person’s birth certificate (or other documentation proving age) prior to the commencement of employment.
Before employing a child an employer must obtain the written permission of the parent or guardian of the child.
An employer must maintain a register of employees under 18 containing the following information:
- The full name of the young person or child
- The date of birth of the young person or child
- The time the young person or child commences work each day
- The time the young person or child finishes work each day
- The rate of wages or salary paid to the young person or child for his or her normal working hours each day, week, month or year, as the case may be, and
- The total amount paid to each young person or child by way of wages or salary
- The employer is obliged to ensure that the young person receives a minimum rest period of 12 consecutive hours in each period of 24 hours.
- The employer is obliged to ensure that the young person receives a minimum rest period of 2 days which shall, where possible, be consecutive, in any 7 day period.
- The employer cannot require or permit the young person to do work for any period without a break of at least 30 consecutive minutes.
Saving Money by Minimising Waste
The Significance of Waste Management in Business. With mounting expenses it is becoming increasingly difficult for companies to remain in operation and to maintain employee numbers.
Managers are faced with a difficult task as they are continuously asked to reduce costs while simultaneously preserving the quality and service levels throughout the business.
Every company should implement a minimum waste policy to encourage employees to be more aware of their actions and their use or misuse of resources in the workplace and beyond.
Minimising the amount of waste in any organisation will have a positive effect on the bottom line. Consequently, introducing a minimum waste policy is essential if the business is to operate in the most cost-effective and efficient manner possible.
Employees should be obliged to avoid extravagant use of the company’s services, time and energy. Employees should be encouraged to take extra care during their normal work duties by avoiding unnecessary use of any resources within the Company.
Employees should be trained so that they handle all machines, equipment and stock with the utmost of care. Employers should have a policy in place that deals with the conservation of energy.
This policy would direct employees as to how they should proceed when it comes to dealing with lights and heat and so on. The use of all unnecessary lighting and heating should be prohibited and lights/heat should be turned off when their use is not required.
Doors/windows should be opened/closed where possible in order to maintain temperature levels. Similarly, taps should not be allowed to drip and any concerns about resources should be reported to management so that they may be evaluated and rectified.
The use of paper and ink throughout the course of the working day is something that a lot of companies find to be expensive. It is important that employees only print items that they need to have in hardcopy in order to reduce the waste of paper and ink. It is also significant for employers to encourage employees to print on both sides where possible. E-mailing, rather than posting, documents is another practice that should be encouraged. Recycling/reusing paper, where possible, is also a practice that should be considered.
If it is a case that an employee finds himself or herself without assignments to complete during working hours or if their work has come to a standstill for one reason or another then he or she should be encouraged to offer assistance to colleagues who have yet to complete their workload.
In terms of productivity, employees should be prepared to start their working day by the time they are scheduled to begin work and should proceed with their work-related activities without delay. The same process should be followed after break/lunch periods and employees should not conclude their work until the time that they are scheduled to do so.
If it becomes apparent that certain employees are struggling to organise their time then the provision of time-management training should be considered by management. It is also important to ensure that employees are aware of the most efficient methods of carrying out routine tasks (such as searching for documents or preparing spreadsheets) so time is used in the most efficient manner possible.
There are many techniques that a company can use to improve efficiency and exploring and implementing these methods is very important if a company is to remain competitive.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, 10th 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, 14th 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.
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.
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.
The Importance of having an Employee Handbook
An Employee Handbook, often referred to as the employee manual, is a book/document containing information about the company and its policies and procedures. It is given to employees by the employer – typically when they first join the organisation.
This manual is an excellent place to compile all important information pertaining to the company rules and regulations. It can provide useful details for new staff during the induction process and can be a good reference point for existing employees. An employee handbook gives clarity to employees, advises them in certain situations and creates a culture where problems are addressed in a consistent manner.
An employee handbook communicates all of your workplace and HR policies and protects a business from expensive disputes with employees. The National Employment Rights Authority (NERA) aims to achieve a national culture of employment rights compliance. If a NERA inspector visits your workplace they may ask to see the company handbook to determine whether or not the company has appropriate policies and procedures in place and that it adopts the appropriate measures when various workplace scenarios arise.
Examples of some of the items that should be incorporated in an employee handbook are as follows:
•Annual Leave Entitlements
•Maternity Leave
•Paternity Leave
•Adoptive Leave
•Parental Leave
•Carer’s Leave
•Compassionate Leave
•Jury Leave
•Employment / Career Break
•Induction
•Performance Management
•Probation
•Grievance Procedures
•Disciplinary Procedures
•Bullying & Harassment
•Drugs and Alcohol Policies / Misuse of Substances / Testing for Intoxicants
•Dress Code, Uniforms, Personal Grooming and Hygiene
•Office Phone and Mobile Phone Use
•Internet, Email and Social Media Use in the Workplace
•Breaks and Rest Periods
•Sick Leave / Sick Pay
•Punctuality / Timekeeping
•Unauthorised Absence
•Clock-In and Clock-Out
•Vehicles and Company Property
•Use of Company Property
•Confidentiality
•Right to Search
•Copyright
•Ethics and Conduct
•Retirement
•Time-off-in-Lieu
•Flexitime
•Training & Education Funding / Study Leave
•Use of CCTV
•Garda Clearance / Vetting