Terms of Employment
Terms of Employment (Information) Acts, 1994 -2001
This legislation requires employers to provide a written statement to employees setting out terms of employment. The Act applies to any person working under a contract of employment or apprenticeship or employed through an employment agency or in the service of the State.
The statement detailing the terms and conditions of employment must be given to a new employee within two months of commencing employment.
Information to be included in the statement:
- Full name of the employer and the employee.
- The address of the employer in the state.
- The place of work or a statement indicating that the employee will be required to work at various places.
- Job title and/or nature of the work.
- Date of commencement of employment.
- If the contract is temporary the expected duration.
- If the contract is fixed term the date on which the contract expires.
- The rate of remuneration or method of calculating remuneration
- Details of how remuneration is paid i.e. weekly,monthly etc..
- Terms and conditions relating to hours of work(including overtime)
- Terms and conditions relating to paid leave 1 Terms and conditions relating to incapacity
- Terms and conditions relating to pensions and pension schemes if applicable
- Period of notice which the employee is entitled to receive and required to be given on termination.
- A reference to any collective agreement which affects the terms of employment
- Details of rest periods and breaks
The statement must be signed and dated by or on behalf of the employer. The employer is obliged to keep this statement for a period of one year after the termination of the employment. The employer may include additional terms and conditions such as;
- Requirements regarding shift work
- Grievance procedure
- Disciplinary procedure including company rules and regulations
- Deductions from pay
- Provision for lay off/short time
Employers must, within 28 days of the commencement of the employment, give new staff a written summary of the procedures that would be used should it become necessary to dismiss them.
Referral of Complaints
An employee may present a complaint to a Rights Commissioner if it appears that his employer has failed to provide a full and accurate written statement of the particulars of the terms of employment or has failed to notify theemployee of any changes to the particulars in the statement.