CONTRACTS OF EMPLOYMENT
Contracts of Employment
At Fresh Thinking, we can tick the following boxes should you need:
Do you need to review your contracts of employment?
Do you need to ensure that your contracts are compliant with current legislation and best practice?
Do you have specific clauses in your employment contracts that are relevant to various types of employment contracts?
There are various types of contracts that may be relevant to your particular needs which include the following types of contact:
Casual or Zero-hours
Trainee and Apprenticeships
There are essential terms that should be included in your contracts which are implied by statute under S (3) (1) of the Terms of Employment (Information) Act, 1994 and must be provided in writing to the employee including:
(a) the full names of the employer and the employee,
(b) the address of the employer in the State or, where appropriate, the address of the principal place of the relevant business of the employer in the State or the registered office (within the meaning of the Companies Act, 1963),
(c) the place of work or, where there is no fixed or main place of work, a statement specifying that the employee is required or permitted to work at various places,
(d) the title of the job or nature of the work for which the employee is employed,
(e) the date of commencement of the employee's contract of employment,
(f) in the case of a temporary contract of employment, the expected duration thereof or, if the contract of employment is for a fixed term, the date on which the contract expires,
(g) the rate or method of calculation of the employee's remuneration,
(h) the length of the intervals between the times at which remuneration is paid, whether a week, a month or any other interval,
(i) any terms or conditions relating to hours of work (including overtime),
(j) any terms or conditions relating to paid leave (other than paid sick leave),
(k) any terms or conditions relating to—
(i) incapacity for work due to sickness or injury and paid sick leave, and
(ii) pensions and pension schemes,
(l) the period of notice which the employee is required to give and entitled to receive (whether by or under statute or under the terms of the employee's contract of employment) to determine the employee's contract of employment or, where this cannot be indicated when the information is given, the method for determining such periods of notice,
(m) a reference to any collective agreements which directly affect the terms and conditions of the employee's employment including, where the employer is not a party to such agreements, particulars of the bodies or institutions by whom they were made.
Under the more recent Employment (Miscellaneous Provisions) Act 2018 which came into legal effect in March 2019, S (7) (1) compels employers to provide the core terms of employment within 5 days of commencing employment which include:
(1A) Without prejudice to subsection (1), an employer shall, not later than 5 days after the commencement of an employee’s employment with the employer, give or cause to be given to the employee a statement in writing containing the following particulars of the terms of the employee’s employment, that is to say:
(a) the full names of the employer and the employee;
(b) the address of the employer in the State or, where appropriate, the address of the principal place of the relevant business of the employer in the State or the registered office (within the meaning of the Companies Act 2014);
(c) in the case of a temporary contract of employment, the expected duration thereof or, if the contract of employment is for a fixed term, the date on which the contract expires;
(d) the rate or method of calculation of the employee’s remuneration and the pay reference period for the purposes of the National Minimum Wage Act 2000 ;
(e) the number of hours which the employer reasonably expects the employee to work—
(i) per normal working day, and
(ii) per normal working week.
Failure to comply with the above will be liable on summary conviction to a class A fine and/or 12 months’ imprisonment.
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