Legal Matters

Whether you are an employer or an employee, it's important to familiarise 

yourself with employment law. Linda Ennis takes us through some of the things you should know.

Employment law is an important topic, and one that everyone should be aware of. The website, www.citizensinformation.ie, is a great resource - all the information below can be found there.

All new employees must be provided with a written statement of terms of employment within the first month of employment and must include the following information:

•  Full name and address of employer and employee 

•  The place of work 

•  The title of job or nature of work 

•  The date the employment started 

•  Details of the contract if it is fixedor temporary

•  Details of rest periods and breaks as required by law 

•  The rate of pay or method of calculation of pay

•  The pay reference period for the purposes of the National Minimum Wage Act 2000 

•  Pay intervals 

•  Hours of work 

•  Details of paid leave

•  Sick pay and pension (if any) 

•  Period of notice to be given by employer or employee 

•  Details of any collective agreements that may affect the employee's terms of employment 

Contracts and terms of employment

The majority of employees work under openended contracts of employment, for instance, until such time as the employer or employee 

ends it. Other employees work under fixedterm or specified-purpose contracts, which end on a specified date or when a specific task is completed. You must give your employee certain terms and conditions of employment in writing within two months of starting employment.

Terms and conditions of employment are stated in a written contract and/or a company handbook, which forms part of the contract of employment. They should include the following, and must be read and signed that they were received and accepted by the employee on induction:

•  Common Law: It is the duty of every employer to provide a safe workplace and  the duty of every employee to carry out the job to the best of his/her ability

•  Irish laws passed by the Dail such as Maternity Leave, Paternity Leave, 

Parental leave, Adoptive Leave, Carer's Leave and such

•  Irish constitution laws such as the right of an employee to join a trade union

•  Collective agreements 

•  Joint Labour Committee Regulations such as minimum pay

•  EU laws 

•  Disciplinary & grievances procedures

•  Probationary period – the contract can include a probationary period and can allow for this period to be extended

In addition, custom and practice in a particular workplace may form part of a contract. An example would be a mid-morning break of 10 minutes.

As part of contract law, if you, as the employer, wish to change a term or condition of employment you must agree this change with your employee and get written consent.

If an employer fails to give you written details of the terms of your employment within two months, an employee can bring a complaint 

using the online complaint form available on workplacerelations.ie. This complaint must be made within six months of the breach of the 

legislation occurring. 

Employers' responsibilities

•  You must register as an employer with Revenue

•  You must deduct the correct amount of tax, PRSI, and Universal Social 

Charge from your employees' wages and pay these to Revenue using the 

PAYE system

•  You must also pay employers' PRSI contributions

•  You are required to keep these records relating to your employee You have a duty to ensure employees' health and safety at work as far as is

reasonably practicable. In order to prevent workplace injuries and ill health you are required, among other things, to:

•  Provide and maintain a safe workplace

•  Prevent risks 

•  Prevent any improper conduct or behavior likely to put the safety, health and welfare of employees at risk 

•  Provide instruction and training to employees on health and safety

•  Provide protective clothing and equipment to employees (at no cost to employees)

•  Appoint a safety officer

•  Carry out a risk assessment to identify any hazards in the workplace and how to avoid risks and prepare a safety statement based on this.

Employers are obliged to report any accident that results in an employee missing three consecutive days at work (not including the day of the accident) to the Health and Safety Authority.