There is over 30 different pieces of employee law in Ireland (legislation), one or more of which may be relevant to the situation you currently find yourself in. In addition to employment law, there is the law of contract and common law (Judge made law, cases where decisions made by judges have already set a precedent to be followed). There has been some welcome movement by the government to streamline this situation (see here).
It may come as a surprise to know that an employer is not required by law to provide an employee with a written contract, just a statement of their main terms and conditions.
We would always recommend as best practice that a statement of terms and conditions together with an employee handbook be provided to a new employee. Together these two documents will form the employee’s contract. This should always be given to the employee at the start of their employment. We would also recommend that the employee sign and date a copy of them, which the employer keeps, to acknowledge that they have received these documents.
It is also important that you review these documents on a regular basis to ensure they comply with current legislation.
We can offer you a employee Handbook, Terms and Conditions, both of which incorporates best practice in this area and additionally complies with the latest legislation, will help you defend a claim against you, all at a very cost effective price.
When drafting a contract certain terms are required by law to be incorporated in it.
Certain terms will also be implied by law into the contract.
Listed below are a list of the most common questions and issues that arise in employment law.
Please contact us if you require any further assistance with any query you may have.
The Contract of Employment
Are they really independent contractors or are they in reality employees working for you? In legal speak this means do they have a Contract of Service (contractors) or a Contract for Services (employees).The answer to this question can have major repercussions for an employer.
What terms should be in a good employment contract?
What terms will be implied by the law into an employment contract?
How far can you restrict an employee’s rights when they leave your employment?
Termination of an employee’s contract
What notice must you give an employee?
How can you avoid being in trouble for wrongful dismissal?
What is an Unfair Dismissal?
What is a Constructive Dismissal?
The Employment Equality Act 1998
Equal Pay for Like Work
Bullying & Harassment
Workplace Relations Act 2015
Safety, Health and Welfare in the workplace
Hours worked, holidays, payment of wages
Age limitations – children and youth workers
Part-time or fixed term workers
Redundancy and Insolvency
Redundancy Payment Acts
What rights and protection have workers in an insolvency situation, if the company they work has ceased to trade.
Institutions and officers
Labour Relations Commission
Joint Labour Committees’ (Jlc’s)
Workplace Relations Commission (WRC)
Director General of the WRC
The Industrial Relations Act, 1990
Getting an injunction
We will be happy to assist you with the answers to any of these questions.