This guide is aimed at owners of small businesses. Obligations of public sector employers might be different.
This is by no means a complete post so please suggest additions as appropriate.
When is someone an employee under Irish law?
There is no clear definition of what constitutes an employee and a self employed contractor. While usually it is perfectly obvious there are some incidents where this may not be the case. For example someone providing professional services for a fixed period of time may be a fixed term employee or a fixed term contractor. The important this to remember is that just because an employer says that someone is a contractor it doesn’t necessarily make it so. In most cases the Revenue Commissioners will decide but it may be the Department of Social and Family Affairs or, if challenged, the courts or a tribunal.
A good rule of thumb is that if there is any real doubt at all whether someone is a contractor or employee then they are really an employee.
More info on how to define an employee and a contractor (With trhanks to Black Sheep and ajapale);
Scope - Insurability of Employment » Operational Guidelines
PART 2: CONTRACTS OF SERVICE/CONTRACTS FOR SERVICES
Whom can you employ?
For most jobs you can employ anyone over the age of 18. In some cases certain qualifications and certifications must be provided. For example if you employ a truck driver they have to have their Heave Goods Vehicle license, a pharmacist has to be qualified and a signed up member of their professional body.
If you are employing someone under 18 then you have to bear in mind that . there are certain restrictions
If you are seeking to employ people from outside the EU or EEA then you will have to make sure they have a valid work permit. [broken link removed]
What does an employer have to provide for new employees (what should be in their contract)?
Every employee has a contract, even if it is not a written one. The minimum an employer has to provide in writing is a statement of terms of employment. The statement must include:
• The full name of employer and employee
• The address of the employer
• The place of work
• The title of job or nature of work
• The date the employment started
• If the contract is temporary, the expected duration of the contract
• If the contract of employment is for a fixed term, the details
• 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
• *That the employee has the right to ask the employer for a written statement of his/her average hourly rate of pay as provided for in the National Minimum Wage Act 2000
• *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
* In the case of these items instead of giving each employee the details in writing, the employer may refer an employee to other documents, for example, a pension scheme booklet or a collective agreement, provided that the employee has easy access to such documents.
The statement of terms must indicate the reference period being used by the employer for the purposes of the calculation of the employee's entitlements under the National Minimum Wage Act 2000. (Under that Act the employer may calculate the employee's minimum wage entitlement over a reference period that is no less than one week and no greater than one month). Source
What workplace environment does an employer have to provide?
Employers are obliged to provide a safe working environment. Where potential hazards exist risk assessments must be carried out. Where personal protective equipment is needed it must be provided by the employer.
A safety statement must be compiled and authorised persons must be competent and/or trained. That means that you can’t say someone is the safety officer if they don’t know what they should be doing and don’t have the authority to carry out their responsibilities.
What do you have to pay them?
The minimum wage rate in Ireland is €8.65 an hour.
Minimum wage rates and explanation of how to calculate hourly rates are set out here.
Some employment is covered by registered employment agreements, Employment Regulation Orders, Registered Agreements etc. Details
here
Employers must provide their employees with a payslip.
Employees are entitled view their gross pay and any deductions on this payslip.
What holidays do employees have to be given?
The statutory minimum is 4 weeks paid leave.
Details here.
What about sick leave?
There is no obligation to pay sick leave unless the injury/illness is work related though it is not uncommon for it to be included as part of a contract of employment.
What about maternity leave?
Every pregnant employee is entitles to 26 weeks maternity leave, paid by the state. The employer does not have to pay them during this period though many employers do top-up pay so that the employee gets the same net pay.
Employees can take an additional 16 weeks maternity leave unpaid if they wish.
At the moment there is no requirement to pay paternity leave.
What about parental leave?
Employers must facilitate parental leave.
14 weeks total leave can be taken in respect of a child up to 8 years of age (was 5 years). If a child was adopted between the age of 6 and 8, leave in respect of that child may be taken up to 2 years after the date of the adoption order. In the case of a child with a disability leave may be taken up to 16 years of age. In addition an extension may also be allowed where illness or other incapacity prevented the employee taking the leave within the normal period. In the case where there is more than one child a limit of 14 weeks in a 12 month period exists. This does not apply in the case of multiple births (twins etc).
The 14 weeks per child may be taken in one continuous period or in 2 separate blocks of a minimum of 6 weeks. There must be a gap of at least 10 weeks between the 2 periods of parental leave per child. However, if your employer agrees you can separate your leave into periods of days or even hours.
Both parents have an equal separate entitlement to parental leave. Unless you and your partner work for the same employer, you can only claim your own parental leave entitlement (14 weeks per child). If you both work for the same employer and your employer agrees you may transfer your parental leave entitlement to each other.
What is the correct way to discipline an employee or terminate their employment?
Disciplinary procedures and dismissal can be a minefield. It is well worth spending some time reading up on it but while it may seem complex, it usually comes down to common sense and fairness. The important thing it to be aware of what procedures you should follow and that employees (rightly) have access to the Rights Commissioner and can take a claim for unfair dismissal if they think they have been treated unfairly.
It is against the law to discriminate against someone based on gender, marital status, family status, age, disability, religious belief, race, sexual orientation or membership of the Traveller community. If someone is selected for redundancy based on any of the above the law will have been broken.
The Labour Relations Commission has published a . [broken link removed] which is well worth a read. If you spend some time reading the three links from this page you will have a reasonable good overview of what your obligations are.
This is by no means a complete post so please suggest additions as appropriate.
When is someone an employee under Irish law?
There is no clear definition of what constitutes an employee and a self employed contractor. While usually it is perfectly obvious there are some incidents where this may not be the case. For example someone providing professional services for a fixed period of time may be a fixed term employee or a fixed term contractor. The important this to remember is that just because an employer says that someone is a contractor it doesn’t necessarily make it so. In most cases the Revenue Commissioners will decide but it may be the Department of Social and Family Affairs or, if challenged, the courts or a tribunal.
A good rule of thumb is that if there is any real doubt at all whether someone is a contractor or employee then they are really an employee.
More info on how to define an employee and a contractor (With trhanks to Black Sheep and ajapale);
Scope - Insurability of Employment » Operational Guidelines
PART 2: CONTRACTS OF SERVICE/CONTRACTS FOR SERVICES
Whom can you employ?
For most jobs you can employ anyone over the age of 18. In some cases certain qualifications and certifications must be provided. For example if you employ a truck driver they have to have their Heave Goods Vehicle license, a pharmacist has to be qualified and a signed up member of their professional body.
If you are employing someone under 18 then you have to bear in mind that . there are certain restrictions
If you are seeking to employ people from outside the EU or EEA then you will have to make sure they have a valid work permit. [broken link removed]
What does an employer have to provide for new employees (what should be in their contract)?
Every employee has a contract, even if it is not a written one. The minimum an employer has to provide in writing is a statement of terms of employment. The statement must include:
• The full name of employer and employee
• The address of the employer
• The place of work
• The title of job or nature of work
• The date the employment started
• If the contract is temporary, the expected duration of the contract
• If the contract of employment is for a fixed term, the details
• 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
• *That the employee has the right to ask the employer for a written statement of his/her average hourly rate of pay as provided for in the National Minimum Wage Act 2000
• *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
* In the case of these items instead of giving each employee the details in writing, the employer may refer an employee to other documents, for example, a pension scheme booklet or a collective agreement, provided that the employee has easy access to such documents.
The statement of terms must indicate the reference period being used by the employer for the purposes of the calculation of the employee's entitlements under the National Minimum Wage Act 2000. (Under that Act the employer may calculate the employee's minimum wage entitlement over a reference period that is no less than one week and no greater than one month). Source
What workplace environment does an employer have to provide?
Employers are obliged to provide a safe working environment. Where potential hazards exist risk assessments must be carried out. Where personal protective equipment is needed it must be provided by the employer.
A safety statement must be compiled and authorised persons must be competent and/or trained. That means that you can’t say someone is the safety officer if they don’t know what they should be doing and don’t have the authority to carry out their responsibilities.
What do you have to pay them?
The minimum wage rate in Ireland is €8.65 an hour.
Minimum wage rates and explanation of how to calculate hourly rates are set out here.
Some employment is covered by registered employment agreements, Employment Regulation Orders, Registered Agreements etc. Details
here
Employers must provide their employees with a payslip.
Employees are entitled view their gross pay and any deductions on this payslip.
What holidays do employees have to be given?
The statutory minimum is 4 weeks paid leave.
Details here.
What about sick leave?
There is no obligation to pay sick leave unless the injury/illness is work related though it is not uncommon for it to be included as part of a contract of employment.
What about maternity leave?
Every pregnant employee is entitles to 26 weeks maternity leave, paid by the state. The employer does not have to pay them during this period though many employers do top-up pay so that the employee gets the same net pay.
Employees can take an additional 16 weeks maternity leave unpaid if they wish.
At the moment there is no requirement to pay paternity leave.
What about parental leave?
Employers must facilitate parental leave.
14 weeks total leave can be taken in respect of a child up to 8 years of age (was 5 years). If a child was adopted between the age of 6 and 8, leave in respect of that child may be taken up to 2 years after the date of the adoption order. In the case of a child with a disability leave may be taken up to 16 years of age. In addition an extension may also be allowed where illness or other incapacity prevented the employee taking the leave within the normal period. In the case where there is more than one child a limit of 14 weeks in a 12 month period exists. This does not apply in the case of multiple births (twins etc).
The 14 weeks per child may be taken in one continuous period or in 2 separate blocks of a minimum of 6 weeks. There must be a gap of at least 10 weeks between the 2 periods of parental leave per child. However, if your employer agrees you can separate your leave into periods of days or even hours.
Both parents have an equal separate entitlement to parental leave. Unless you and your partner work for the same employer, you can only claim your own parental leave entitlement (14 weeks per child). If you both work for the same employer and your employer agrees you may transfer your parental leave entitlement to each other.
What is the correct way to discipline an employee or terminate their employment?
Disciplinary procedures and dismissal can be a minefield. It is well worth spending some time reading up on it but while it may seem complex, it usually comes down to common sense and fairness. The important thing it to be aware of what procedures you should follow and that employees (rightly) have access to the Rights Commissioner and can take a claim for unfair dismissal if they think they have been treated unfairly.
It is against the law to discriminate against someone based on gender, marital status, family status, age, disability, religious belief, race, sexual orientation or membership of the Traveller community. If someone is selected for redundancy based on any of the above the law will have been broken.
The Labour Relations Commission has published a . [broken link removed] which is well worth a read. If you spend some time reading the three links from this page you will have a reasonable good overview of what your obligations are.