Guide to Employment, Labour and Equality Law

Guide to

Employment, Labour and Equality Law

Starting Employment

Day ve statement

Within ve days of starting work, all

employees must get a written statement of

the following core terms of employment:

1. the full names of the employer and

the employee

2. the address of the employer

3. the expected duration of the contract,

in the case of a temporary contract, or

the end date if the contract is a xed-

term contract

4. the rate or method of calculation of

the employee’s pay

5. the number of hours the employer

reasonably expects the employee to

work per normal working day and per

normal working week

This is as well as the full written statement

of terms of employment which must be

given within two months of starting the

job.

National Minimum Wages

Pay/Wages

Under the new Employment Miscellaneous

Provisions Act 2019 wage rates for

employees under 18 and those over 18

have been simplied and will be solely

based on age. Trainee rates of pay have

been abolished.

Sectoral Employment Order

A Sectoral Employment Order (SEO) setting

legally binding rates of pay and terms and

conditions for the Electrical Contracting

sector came into effect on the 1 September

2019.

Working Hours

Zero Hours

The Organisation of Working Time Act

1997 (OWTA) is amended to prohibit zero

hour contracts except in the following

circumstances:

• where the work is of a casual nature

• where the work is done in emergency

circumstances

• where short-term relief work is used

to cover routine absences for the

employer

Minimum payment in certain

circumstances

A new minimum payment will apply when

an employee on a zero hours contract, is

called in to work and does not receive the

expected hours of work.

The minimum payment is calculated as

three times the national minimum hourly

rate of pay or three times the minimum

hourly rate of pay set out in an Employment

Regulation Order (if one exists for that

sector and for as long as it remains in

force).

The already existing method of payment

(at least 25% of the contract hours or 15

hours) continues to apply overall.

Banded Hours provisions

• Employees whose contract of

employment or statement of terms

of employment does not reect the

reality of the hours they habitually

work are entitled to request to be

placed in a band of hours that better

reects the hours they have worked

over a 12-month reference period.

Updates to Guide to Employment, Labour and Equality Law

Since we published our Guide to Employment, Labour and Equality Law in September 2018

there have been changes under employment law. Below your will nd the latest changes.

• If you are an employee, you must be

working for your employer for at least

a year before making this request

Annual leave and certied sick leave

From the rst day in a job employees are

building up holiday entitlements even

if they are on certied sick leave and

whether they are part-time or full time. If

an employee is on certied sick leave at

the end of the leave year the annual leave

they have earned and have not been able

to take is carried over and available to take

for the next 15 months.

Family friendly leave

Maternity leave and premature birth

Mothers of premature babies born over

two weeks before their due date are

entitled to extend their maternity leave by

the difference between the birth date and

the date maternity leave was due to start.

Ordinarily maternity leave commences no

later than two weeks before the due date.

Paternity leave

Paternity leave of two weeks is available

to a relevant parent within 26 weeks

of the birth of their child. A paternity

benet payment is available for qualifying

relevant parents from the Department of

Employment and Social protection.

Parental leave

The maximum period of parental leave

increased from 18 to 22 weeks from 1

September 2019, and increases again to

26 weeks from 1 September 2020. The

age of the child for which parental leave is

available has increased from 8 to 12 years.

For a child with a disability the parental

leave age threshold remains unchanged

and is available up to the age of 16.

Visit our website workplacerelations.ie

for more detailed information or call our

information service on

0818

80 80 90.

Published September 2019

Band

From

3 hours

6 hours

11 hours

16 hours

21 hours

26 hours

31 hours

36 hours and over

6 hours

11 hours

16 hours

21 hours

26 hours

31 hours

36 hours

The bands of hours are as follows:

Guide to Employment,

Labour and Equality Law

Workplace Relations Commission

Information and Customer Services

O’Brien Road, Carlow

Lo-call: 0818 808090

www.workplacerelations.ie

Important Note

This Guide is not intended to be a complete or authoritative statement of the law.

Introduction 5

2. Workplace Relations

Ofces and Services

Department of Business, Enterprise

and Innovation 5

The Workplace Relations Commission 6

The Labour Court 6

Employment Appeals Tribunal 7

Low Pay Commission 7

Health and Safety Authority 8

Mechanisms for Setting Terms and

Conditions 9

Adjudication Services 10

Mediation Services

(Employment Rights Issues) 11

Inspection and Enforcement Services 12

Mediation (Internal Workplace Issues) 12

Conciliation Services 13

Advisory Services 13

Important Contacts 14

3. Commencing Employment 17

Contract of Employment 17

Employment Permits 17

Terms of Employment (Terms of

Employment (Information) Acts) 18

Complaints 19

Additional Information 20

4. Working Hours 21

Organisation of Working Time

Act 1997 21

Maximum Weekly Working Time 21

Rest 22

Night Workers 23

Maximum night working time 23

 Denitions,exemptionsandother

features of the Working Time Act 23

Holidays 24

Public Holidays 25

Sunday Premium 25

Zero Hours 26

Records 26

Complaints 26

Additional Information 27

5. Part-Time Employees

General 29

Who is Covered By The Act? 29

Objective grounds 30

Part-Time Employee 30

Full-Time Employee 30

Comparable Employee 30

Agency Worker 31

Complaints 31

Additional Information 31

6. Fixed-Term Workers 33

General 33

Who is Covered by the Act? 34

Objective grounds 34

Fixed-Term Employee 34

Permanent Employee 34

Comparable Permanent Employee 34

Objective Conditions 35

Objective Grounds Justifying

a Renewal 35

 IndeniteFixed-TermContracts 35

 Employeesonxed-termcontracts 36

Vacancies and training opportunities 36

Table of Contents

 Informationaboutxed-termworking 36

Complaints 36

Additional Information 36

7. Employment of Children

and Young Persons

General 37

Children over age 14 38

Young People 38

Additional Information 38

8. Carer’s Leave 39

General 39

Who is covered by the Act? 39

Entitlement to Carer’s Leave 39

Meaning of ‘Full-time care

and attention’ 40

Manner in which Carer’s Leave

may be taken 40

Intervals between periods of

Carer’s Leave 40

Protection of Employment Rights 41

Protection against Penalisation

including Dismissal 41

 NoticationofIntentiontotake

Carer’s Leave 41

Exceptional or Emergency

Circumstances 42

 ConrmationofCarer’sLeave 42

Complaints 42

Additional Information 42

9. Pay/Wages 43

General 43

Minimum Rates of Pay 43

Who is covered? 43

Minimum Hourly Rates of Pay 44

Determining the average hourly

rate of pay 44

Working Hours 44

Reckonable and Non-Reckonable Pay 44

Training / Study Criteria 44

Records 45

Overtime 46

Methods of Payment 46

Statement of Wages 46

Deductions 46

Sick Pay and Sick Leave 47

Complaints 47

Additional Information 48

10. Termination of Employment 49

Minimum Notice 49

Redundancy 50

Collective Redundancies 51

Insolvency 52

Dismissal 53

Complaints 56

Additional Information 56

11. Equality 57

Employment Equality 57

Collective Agreements 57

Occupational Pensions 57

Equal Status 58

Complaints 58

12. Other Relevant Provisions 59

Transfer of Undertakings 59

Rights of Posted Workers and of

non-national workers in Ireland 60

Domestic Workers 61

Worker Participation 62

Employment Agencies 63

Safety, Health and Welfare at Work 63

Complaints 65

Additional Information 65

Appendix I-

Adjudication Redress Provisions 67

This booklet provides information on

employment rights and equality legislation

applying in Ireland. It should be noted that

this legislation applies to all workers working

in Ireland including posted EU workers and

all other non-national workers working in

Ireland under a contract of employment (See

page 60-61 for more detail regarding posted

EU workers and other non-national workers).

Department of Business,

Enterprise and Innovation

The Department’s overall mission is to

encourage the creation of high quality and

sustainable full employment by championing

enterprise across government, supporting

a competitive enterprise base, promoting

a low tax environment to incentivise work

and enterprise and promoting fair and

competitive markets.

The Department ensures through work

at national and international levels that

workplaces are safe, employment rights

are appropriate and respected, harmonious

industrial relations are promoted and any

disputes or contraventions are handled

efciently and effectively; that skills needs

are identied and met through alignment

of education and training provision and,

as required, through targeted and efcient

economic migration.

The Department strives to make all markets

work more efciently through smart

regulation which, among other matters,

encourages high standards of compliance,

and quality employment without unnecessary

regulatory costs.

The Department’s responsibilities in regard

to industrial relations lie in the formulation of

policy, support and oversight of the industrial

relations institutions, the administration of

industrial relations and trade union law and

the monitoring of developments in industrial

disputes. In addition the Department is

involved in the promotion of employee

participation in the workplace.

In addition, the Department of Business,

Enterprise and Innovation is responsible for

the promotion, administration and review of

avarietyofmeasures inthe eld oflabour

legislation and employment rights.

1 Introduction

2 Workplace Relations Ofces and Services

Workplace Relations Commission -

Guide to Employment, Labour and Equality Law

The Department also administers the

Employment Permits system which facilitates

enterprises to access talent from overseas

that is in short supply in the State. The suite

of supporting regulations ensures that the

system remains attuned to the changing

labour market and enterprise environment.

The Workplace Relations

Commission

The Workplace Relations Commission

(WRC) has responsibility for

4 promoting the improvement of

workplace relations, and maintenance

of good workplace relations,

4 promoting and encouraging

compliance with relevant enactments,

4 providing guidance in relation to

compliance with codes of practice

approved under Section 20 of the

Workplace Relations Act 2015,

4 conducting reviews of, and monitoring

developments as respects, workplace

relations,

4 conducting or commissioning research

into matters pertaining to workplace

relations,

4 providing advice, information and the

ndingsofresearchconductedbythe

Commission to joint labour committees

and joint industrial councils,

4 advising and apprising the Minister

in relation to the application of, and

compliance with, relevant enactments,

and

4 providing information to members of

the public in relation to employment

enactments.

The Commission’s core services include the

inspection of employment rights compliance,

the provision of information, the processing

of employment agency and protection of

young persons (employment) licences and

the provision of mediation, conciliation,

facilitation and advisory services.

The Commission has a board consisting

of a chairperson and 8 ordinary members

appointed by the Minister for Business,

Enterprise and Innovation.

The Labour Court

The Labour Court, established under the

Industrial Relations Act 1946, provides a

comprehensive service for the resolution

of disputes about industrial relations

and has sole appellate jurisdiction in all

disputes arising under employment rights

enactments. The Court’s functions can be

divided between those relating to industrial

relations matters and those relating to

the determination of appeals in matters of

employment rights. Additionally, the Court

has a number of functions in relation to

Joint Labour Committees and the making

of Employment Regulation Orders as well

as registering Joint Industrial Councils and

Employment Agreements.

The Court consists of 13 full-time members

– a Chairman, 4 Deputy Chairmen and

8 ordinary members representative of

employers (4) and workers (4). The Chairman

and Deputy Chairmen are appointed by

the Minister for Business, Enterprise and

Innovation;the4Employers’Membersofthe

Court are nominated by IBEC (Irish Business

and Employers Confederation) and the 4

Workers’ Members of the Court are nominated

by ICTU (Irish Congress of Trade Unions) and

then appointed by the Minister. The Labour

Court also has a legal adviser (the Registrar).

For the purposes of hearing cases, the Court

operates in Divisions – a Division consists

of a Chairman, an Employers’ Member and a

Workers’ Member. Certain issues may require

a meeting of the full Court.

The Industrial Relations Acts 1946 – 2015

assign various functions to the Court. These

functions are mainly concerned with the

investigation of trade disputes and the

issuing of recommendations on how the

dispute should be resolved. The Labour Court

is not a court of law. Effectively, for most

purposes, the Labour Court acts as a court of

last resort i.e. the services of the Court are

availed of when the other options for the

resolution of industrial relations disputes

have been explored and exhausted.

The Labour Court also acts as a court

of appeal in relation to the decisions

of Workplace Relations Commission

AdjudicationOfcersandcompliancenotices

issued by Commission inspectors. The

Workplace Relations Act 2015 provides that

the Court has sole appellate jurisdiction in

all disputes arising under employment right

enactments.

Employment Appeals Tribunal

The Employment Appeals Tribunal (EAT) is

an independent body bound to act judicially,

and was set up to provide a fair, inexpensive

and informal means for individuals to seek

remedies for alleged infringements of their

statutory rights.

The Tribunal deals with rst instance

employment rights complaints which were

presented before 1st October, 2015 (legacy

complaints) under the following legislation

4 Redundancy Payments Acts, 1967 to

2014

4 Minimum Notice and Terms of

Employment Acts, 1973 to 2005

4 Unfair Dismissals Acts, 1977 to 2015

Appeals of Rights Commissioner

recommendations made before 1st October,

2015 (legacy appeals) under Terms of

Employment, Payment of Wages, Unfair

Dismissal, Redundancy (Consultation and

Information), Maternity Protection, Adoptive

Leave, Carer’s Leave, Parental Leave, Protection

of Young Person’s (Employment), Consumer

Protection (penalisation), Competition

(penalisation), Chemicals (penalisation) and

Transfer of Undertakings legislation are dealt

with by the Employment Appeals Tribunal.

Note that in accordance with the Workplace

Relations Act 2015 all complaints and

disputes under employment, equality and

equal status legislation which were presented

after 30th September, 2015 will be dealt with

by the Workplace Relations Commission.

The EAT will remain in place to deal

with legacy complaints and appeals on

completion of which it will be dissolved.

Updates in this regard are available on

www.workplacerelations.ie.

Low Pay Commission

The remit of the Low Pay Commission (LPC) is to

recommend levels for the minimum wage rates

that will help as many low-paid workers as

possiblewithoutanysignicantadverseimpact

on employment or the economy. The advice the

LPC offers the Government to achieve this is

based on the best available evidence.

The Commission comprises 8 members

and an independent Chairperson. There

are members who have an understanding

of the interests of employers, particularly

small to medium-sized employers and

those operating in traditionally low

pay sectors, and who possess a good

knowledge and understanding of the

particular issues faced by Irish businesses,

particularly in relation to labour costs and

competitiveness. There are members who

have an understanding of the interests of

employees, particularly the impact of living

on the minimum wage and the sectors

where low pay and minimum wage workers

are concentrated. There are also academics

with particular knowledge or expertise

in relation to economics, labour market

economics, statistics, and employment law,

as well as proven competence in analysing

and evaluating economic research and

statisticalanalysis.Thetermofofceofa

member of the Commission is three years

from the date of his or her appointment.

A person may not be a member of the

Commission for more than two consecutive

termsofofcebutisotherwiseeligiblefor

re-appointment.

The National Minimum Wage (Low Pay

Commission) Act 2015 requires the

Commission in making a recommendation to

the Minister on the National Minimum Wage

(NMW) to have regard to a number of factors

since the most recent making of a National

Minimum Wage Order.

The remit, and the legislation, also require

that the Commission give consideration to

a range of issues in coming to a decision

on a recommendation to the Minister

for an appropriate rate for the minimum

wage. Some of the issues are, essentially,

matters of fact, while others necessitate an

element of assessment and appraisal, and

considered judgement.

The particular issues the Commission is

obliged to have regard to in considering its

recommendation are —

(a) changes in earnings during the

relevant period,

(b) changes in currency exchange rates

during the relevant period,

(d) whether during the relevant

period—

(i) unemployment has been

increasing or decreasing,

(ii) employment has been

increasing or decreasing, and

(iii) productivity has been increasing

or decreasing,

both generally and in the sectors

most affected by the making of an

order,

(e) international comparisons,

particularly with Great Britain and

Northern Ireland,

(f) the need for job creation, and

(g) the likely effect that any proposed

order will have on —

(i) levels of employment and

unemployment,

(ii) the cost of living, and

(iii) national competitiveness.

Health and Safety Authority

The Health and Safety Authority is the national

statutory body with responsibility for ensuring

that all workers (employed and self-employed)

and those affected by work activity are protected

from work related injury and ill-health. This is

done by enforcing occupational health and

safety law, promoting accident prevention,

and providing information and advice across

all sectors, including retail, healthcare,

manufacturing,shing, entertainment,mining,

construction, agriculture and food services.

The Authority was initially established under

the Safety, Health and Welfare at Work Act

(1989), since replaced by the Safety, Health

and Welfare at Work Act 2005, and it operates

under the aegis of the Department of Business,

Enterprise and Innovation.

The Authority’s primary functions include:

4 Monitoring and enforcing compliance

with occupational health and safety

legislation.

4 Providing information and expert

advice to employers, employees and

the self-employed.

4 Promoting workplace safety, health,

welfare, education and training.

4 Publishing research on workplace

hazards and risks.

4 Acting as Lead National Competent

Authority for a number of chemicals

regulations including REACH

(Registration, Evaluation, Authorisation

and Restriction of Chemicals)

Regulation and the Seveso III Directive.

4 Acting as Market Surveillance Authority

for ensuring the safety of certain

products used in workplaces and

consumer applications.

4 Proposing new regulations and codes

of practice to the Minister.

Mechanisms for Setting Terms

and Conditions

JOINT LABOUR COMMITTEES

Joint Labour Committees (JLCs) are bodies

established under the Industrial Relations

Actstoprovidemachineryforxingstatutory

minimum rates of pay and conditions of

employment for particular employees in

particular sectors. They may be set up by

the Labour Court on the application of (i)

the Minister for Business Enterprise and

Innovation or (ii) a trade union or (iii) any

organisation claiming to be representative

of the workers or the employers involved. A

JLC is made up of equal numbers of employer

and worker representatives appointed by the

Labour Court and a chairman and substitute

chairman appointed by the Minister for

Business Enterprise and Innovation. JLCs

operate in areas where collective bargaining is

not well established and wages tend to be low.

The function of a JLC is to draw up proposals

forxingminimumratesofpayandconditions

of employment for the workers affected.

When proposals submitted by a JLC are

adopted by the Labour Court, the Minister for

Business Enterprise and Innovation may give

statutory effect to the proposals through the

making of an Employment Regulation Order.

Employers are then obliged to pay wage rates

and provide conditions of employment not

less favourable than those prescribed.

Any breaches of an Employment Regulation

Order may be referred to the WRC for

appropriate action.

An employer of workers to whom an

Employment Regulation Order applies must

keep records of wages, payments etc., and

must retain these records for three years.

The employer must also post up a prescribed

notice in the place of employment setting

out particulars of the statutory rates of pay

and conditions of employment.

A list of JLCs is available at

www.workplacerelations.ie .

REGISTERED EMPLOYMENT

AGREEMENTS

An Employment Agreement is an agreement

relating to the remuneration or the

conditions of employment of workers of any

class, type or group made between a trade

union or trade unions of workers and one or

more than one employer or a trade union of

employers, that is binding only on the parties

to the Agreement in respect of the workers of

that class, type or group.

Any party to an Employment Agreement

may apply to the Labour Court to register the

Agreement. The Labour Court shall register

such agreements in the Register of Employment

Agreements – they then become Registered

Employment Agreements - if it is satised

that they comply with rules set down in the

Industrial Relations (Amendment) Act 2015. The

effect of registration is to make the provisions

of the Registered Agreement legally binding

on the parties to the Agreement only. Any

contraventions of a Registered Employment

Agreement may be referred to the WRC for

appropriate action.

SECTORAL EMPLOYMENT ORDERS

On foot of a request, from a trade union of

workers, a trade union or an organisation

of employers, or a trade union of workers

jointly with a trade union or an organisation

of employers, the Labour Court can carry out

an examination of the remuneration, sick pay

or pension scheme of workers in a particular

economic sector. The Labour Court, having

considered the applicable economic factors,

may make a recommendation to the Minister,

who shall, if he/she is satised that the

Labour Court, in making its recommendation

has complied with the provisions of the

Industrial Relations (Amendment) Act

2015, accept the recommendation and by

Ministerial Order conrm the terms of the

recommendation. Such Order applies to

every worker of the class, type or group

in the economic sector to which it is

expressed to apply, and his or her employer.

The 2015 Act provides for exemptions in

specic circumstances from the obligation

to pay remuneration set down in Sectoral

Employment Orders. Any contraventions of

Sectoral Employment Orders may be referred

to the WRC for appropriate action.

JOINT INDUSTRIAL COUNCILS

Joint Industrial Councils (JICs) are voluntary

negotiating bodies for particular industries

or parts of industries that are representative

of employers and trade unions. A Council,

provided that it fulls certain conditions,

may register with the Labour Court as a

Joint Industrial Council under the Industrial

Relations Acts. The rules of such Councils

must provide for the referral of disputes to

the Council for consideration before resort

is had to industrial action. A registered JIC

may request the Labour Court to appoint a

chairperson and secretary to the Council.

Adjudication Services

Adjudication Ofcers of the Workplace

Relations Commission (WRC) are statutorily

independent in their decision making duties

as they relate to adjudicating on complaints

referred to them by the WRC Director General.

The Adjudication Ofcer’s role is to hold a

hearing where both parties are given an

opportunity to be heard by the Adjudication

Ofcer and to present any evidence

relevant to the complaint. Hearings of the

Workplace Relations Commission are held

in private. However, complaints may, in

certain instances, be disposed of by means

of written procedure (i.e. without hearing).

TheAdjudicationOfcerwillnotattemptto

mediate or conciliate the case. Parties may

be accompanied and represented at hearings

byatradeunionofcial,anofcialofabody

that, in the opinion of the Adjudication

Ofcer,representstheinterestsofemployers,

a practicing barrister or practicing solicitor or

anyotherperson,iftheAdjudicationOfcer

so permits.

The Adjudication Ofcer will then decide

the matter and give a written decision in

relation to the complaint. The decision,

which will be communicated to both parties

and published, will

(a)

declare whether the complainant’s

complaint was or was not well founded,

(b) require the employer to comply with

the relevant provision(s),

redress as is just and equitable in the

circumstances.

A party to a complaint may appeal to

the Labour Court from a decision of an

AdjudicationOfcer.

The redress that may be granted by an

Adjudication Ofcer in the case of the

different areas of employment and equality

legislation is set out an Appendix I.

Mediation Services (Employment

Rights Issues)

In line with Section 39 of the Workplace

Relations Act 2015, the Workplace Relations

Commission (WRC) may be in a position to

offer a mediation service in certain cases

to facilitate the resolution of complaints/

disputes where possible at an early stage and

without recourse to adjudication. The ability

of the WRC to offer mediation will depend on

a number of factors including the availability

of resources. Complaints/disputes may only

be referred for mediation with the agreement

of both parties to the complaint/dispute.

Mediation seeks to arrive at a solution

through an agreement between the parties,

rather than through an investigation or

hearing or formal decision. The Mediation

Ofcer empowers the parties to negotiate

their own agreement on a clear and informed

basis, should each party wish to do so. The

process is voluntary and either party may

terminate it at any stage.

Mediation can take the form of telephone

conferences with the parties, face-to-face

mediation conferences/meetings or such

other means as the Mediation Ofcer

considers appropriate.

All communications by a Mediation Ofcer

with the parties and all records and notes

held for the purposes of resolving any matter

arecondential andcannotbedisclosedin

any subsequent hearing or investigation

process or in proceedings before a court

(other than proceedings in respect of a

contravention of the terms of a resolution

agreed during the mediation conference).

Where a complaint/dispute is resolved,

whether by mediation or otherwise, the

Mediation Ofcer will record in writing the

terms of the resolution, the parties will be

asked to sign that record and the record of

resolution will be given to the Director General

of the Workplace Relations Commission. A

copy will also be given to each party.

The terms of a resolution are binding on the

parties and if either party contravenes these

terms, the contravention will be actionable in

any court of competent jurisdiction.

The terms of a resolution may not be

disclosedbyaMediationOfcerorbyeither

party in any proceedings before a court

(other than proceedings in respect of the

contravention of the terms of the resolution).

Where a complaint/dispute is not resolved,

theMediationOfcerwillnotifytheparties

to the complaint or dispute and the Director

General of the WRC in writing of that fact. The

Director General will then refer the complaint

or dispute concerned for adjudication by an

AdjudicationOfcer.

Inspection and Enforcement

Services

Inspectors of the Workplace Relations

Commission are authorised to carry out

inspections, examinations or investigations

for the purposes of monitoring and enforcing

compliance with employment legislation. The

identity of the complainant will not be divulged

to the employer unless the complainant has

given his/her consent to do so.

Where an Inspector determines that

a contravention of specied areas of

employment law (including the non-payment

of certain monies due to an employee under

employment law) has taken place, and the

employer concerned fails or refuses to rectify

the non-compliance the Inspector may issue

a Compliance Notice setting out the steps

the employer must take to effect compliance.

If the employer does not appeal and fails or

refuses to rectify or set out in writing how

he or she proposes to rectify the matters set

out in the notice, the Workplace Relations

Commission may initiate prosecution

proceedings against the employer.

In respect of a specied range of acts of

non-compliance on the part of employers,

anInspectorwillserveaxedchargenotice.

If the person on whom the notice is served

pays the charge the matter does not proceed

to Court. However, if the person fails or

refuses to pay the charge the matter can be

progressed to the District Court where the

defendant can defend their position in the

normal way.

WRC inspectors are also appointed by the

Minister for Business, Enterprise and Innovation

asauthorisedofcersforthepurposesofthe

Employment Permit Acts 2003 to 2014.

Mediation (Internal Workplace

Issues)

Mediation is a voluntary, condential

process that allows two or more disputing

partiestoresolvetheirconictinamutually

agreeable way with the help of a neutral

third party, a mediator.

The Workplace Mediation Service, which

is provided by ofcers of the Workplace

Relations Commission’s (WRC) Conciliation

and Advisory Services, provides a prompt,

condential and effective remedy

to workplace conicts, disputes and

disagreements. Workplace mediation is

particularly suited to disputes involving

individuals or small groups of workers.

Examples of such disputes would be:

4Interpersonaldifferences,conicts,

difcultiesinworkingtogether

4 Breakdown in a working relationship

4 Issues arising from a grievance and

disciplinary procedure (particularly

before a matter becomes a disciplinary

issue)

4 Industrial Relations issues which have

not been the subject of a referral to

aWRCAdjudicationOfcer(trade

dispute), the WRC’s Conciliation Service

or the Labour Court.

The Workplace Mediation Service is focused

on assisting parties to deal effectively with

issues that arise in the workplace. The

provision of this service is subject to the

availability of resources within the Workplace

Relations Commission.

Conciliation Services

The purpose and mission of the Workplace

Relations Commission’s conciliation

service is to provide an impartial, fast and

effective conciliation service operating to a

uniformly high standard in both the public

and private sectors.

Conciliation is a voluntary process in which the

parties to a dispute agree to avail of a neutral

and impartial third party to assist them in

resolving their industrial relations differences.

The Workplace Relations Commission

provides a conciliation service by making

availableIndustrialRelationsOfcersofthe

Commission to chair ‘conciliation conferences’.

Theseofcersare sometimesreferredtoas

‘IROs’oras‘ConciliationOfcers’.Conciliation

conferences are basically an extension of

the process of direct negotiations, with an

independent chairperson present to steer the

discussions and explore possible avenues of

settlement in a non-prejudicial fashion.

Participation in the conciliation process

is voluntary, and so too are the outcomes.

Solutions are reached only by consensus,

whether by negotiation and agreements

facilitated between the parties themselves,

or by the parties agreeing to settlement

termsproposedbytheConciliationOfcer.

The Industrial Relations Ofcer treats as

condentialallinformationreceivedduring

the course of conciliation.

The conciliation process is informal and non-

legalistic in its practice. The parties are free

to represent themselves or be represented by

trade unions or by employer organisations. The

Commission does not believe that the nature

of the process requires legal representation of

either party at conciliation meetings.

All requests for assistance and inquires

may be referred in writing and should be

directed to the Director of Conciliation,

Workplace Relations Commission, Workplace

Mediation and Early Resolution Services and

or by contacting the Workplace Relations

Commission’s Conciliation Services or by

using the online Conciliation Referral Form

on www.workplacerelations.ie.

Advisory Services

The Workplace Relations Commission’s

Advisory Service promotes good practice

in the workplace by assisting and advising

organisations in all aspects of industrial

relations in the workplace. It engages

with employers, employees and their

representatives to help them to develop

effective industrial relations practices,

procedures and structures. Such assistance

could include reviewing or developing

effective workplace procedures in areas such

as grievance, discipline, communications and

consultation.

It facilitates joint management–staff forums

to work through issues of mutual concern;

for example workplace change or difcult

industrial relations issues.

It provides good practice training workshops

on a variety of aspects of the employment

relationship including the operation of

workplace procedures and, through a

facilitative process, can assist organisations

to implement them. In addition, the Advisory

Service commissions and publishes research

on current industrial relations themes. The

Advisory Service also facilitates a procedure

to help management and employee

representatives to resolve disputes in

situations where negotiating arrangements

are not in place and where collective

bargaining fails to take place.

Members of the Advisory Service team are

independent, impartial and experienced

in industrial relations practice and theory.

In discussion with the parties concerned, a

designated member of the Advisory team

willtailorassistancetottherequirements

ofindividualorganisationsorrms,whether

largeorsmall.Thisassistanceiscondential

to the parties and is provided free of charge.

Requests for the assistance of the Advisory

Service may be made by contacting the

Workplace Relations Commission.

Body/Ofce

Department of

Business, Enterprise and

Innovation

Workplace Relations

Commission

Overall policy and

strategy in relation to

employment rights

Regulation of the

Labour Market and

employment permits

Information Provision

Complaints/Dispute

receipt and registration

Adjudication Services

Inspection &

Enforcement Services

Mediation Services

Protection of Young

Persons (Employment)

and Employment

Agency licensing.

info@dbei.gov.ie

employmentpermits

@dbei.gov.ie

See contact us page on

www.workplacerelations.ie

See contact us page on

www.workplacerelations.ie

See contact us page on

www.workplacerelations.ie

See contact us page on

www.workplacerelations.ie

See contact us page on

www.workplacerelations.ie

See contact us page on

www.workplacerelations.ie

01-6312121

Lo-call

0818

201616

or 01-4175333

Lo-call

0818

-808090 or

059 9188990

0818

-808090

01-6313380

Lo-call

0818

220100

or 059 9178800

Lo-call

0818

220227

or 01-6136700

059-9178800

Role Email Telephone

Important Contacts

Body/Ofce

Low Pay Commission

Employment Appeals

Tribunal

Labour Court

Irish Human Rights

and Equality

Commission

Conciliation &

Facilitation Services

Workplace Mediation

Service

Advisory Services

Advises the Government

in relation to levels for

national minimum pay

Adjudication on

complaints referred

to the EAT before 1st

October, 2015

Appeals against

adjudication decisions

and compliance notices

and the investigation

of industrial relations

disputes

Protection and

promotion of equality

See contact us page on

www.workplacerelations.ie

See contact us page on

www.workplacerelations.ie

advisory

@workplacerelations.ie

secretarylpc@djei.ie

EAT@djei.ie

info@labourcourt.ie

publicinfo@ihrec.ie

Lo-call

0818

220227

or 01-6136700

Lo-call

0818

220227

01-6136700

01-6313055

Lo-call

0818

220222

01-6313006

Lo-call

0818

220228

or 01-6136666

Lo-call

0818

245545

Role Email Telephone

Contract of Employment

Anyone who works for an employer for a

regular wage or salary has automatically a

contract of employment whether written or

not. The Terms of Employment (Information)

Acts 1994 to 2014 dene a contract of

employment as a contract of service or

apprenticeship or any contract under which

workers are supplied by employment

agencies. Contracts may be expressed (oral

or in writing) or implied, Many of the terms

of a contract of employment may emerge

from the common law, statutes or collective

agreements made through trade unions or

may be derived from the custom or practice

in a particular industry.

The Terms of Employment (Information)

Acts 1994 to 2014 provide that an employer

must provide an employee with a written

statement of certain particulars of the terms

of employment. These Acts are outlined

further in this Section.

The Protection of Employees (Fixed-Term

Work) Act 2003 provides that where an

employer proposes to renew a xed-term

contract, the xed-term employee shall be

informed in writing by the employer of the

objective grounds justifying the renewal of

the xed-term contract and the failure to

offeracontractofindeniteduration,atthe

latest by the date of the renewal. This Act is

outlined further in Section 6 of the Guide.

Employers are required by section 14(1) of the

Unfair Dismissals Acts 1977 to 2007 to give

a notice in writing to each employee setting

out the procedure which the employer will

observe before, and for the purpose of,

dismissing the employee. This must be given

not later than 28 days after entering into a

contract of employment. There is a separate

section in this Guide on dismissals - see

Section 10 - Termination of Employment.

The Payment of Wages Act 1991, gives every

employee the right to a written statement

every pay day with every deduction itemised.

This entitlement is described at Section 9 of

the Guide.

Employment Permits

Non-EEA nationals, except in the cases listed

below, require an employment permit to work

in Ireland. The EEA comprises the Member

States of the European Union together with

Iceland, Norway and Liechtenstein.

Non-EEA nationals working in Ireland

and their employers may be committing

an offence if the former do not have an

employment permit and are required by the

Employment Permits Acts 2003 to 2014 to

do so. Employment permit holders can only

work for the employer, or as the case may be

the connected person or contractor, and in

the occupation named on the permit. If the

holder of an employment permit ceases, for

any reason, to be employed by the employer,

3 Commencing Employment

Workplace Relations Commission -

Guide to Employment, Labour and Equality Law

or as the case may be the connected person

or contractor, named on the permit during the

period of validity of the permit, the original

employment permit and the certied copy

held by the employer, or as the case may by,

the connected person or contractor, must be

returned immediately to the Department of

Business, Enterprise and Innovation.

The following non-EEA nationals do not

require an employment permit:

4 non-EEA workers legally employed in

one Member State who are temporarily

sent on a contract to another Member

State-the employer does not need

to apply for employment permits in

respect of the non-nationals for the

period of contract.

4 a Non-EEA national who has been

granted permission to remain in the

State on one of the following grounds:

 4 permission to remain as spouse or a

dependant of an Irish/EEA national,

 4 Permission to remain as the parent

of an Irish citizen,

 4 Temporary leave to remain in the

State on humanitarian grounds,

having been in the Asylum process,

 4

Explicit permission from the

Department of Justice and Equality to

remain resident and employed in the

State,

 4 Permission to be in the State as a

registered student who is permitted

to work 20 hours during term time

and 40 hours during holiday periods,

 4 Permission to be in the State

under the terms of the Diplomatic

Relations and Immunities Act 1967,

and are assigned to a Mission of a

country with whom the Government

has entered into a Working

Dependents Agreement,

4 Swiss Nationals: In accordance

with the terms of the European

Communities and Swiss

Confederation Act, 2001, which

came into operation on 1 June, 2002,

this enables the free movement

of worker between Switzerland

and Ireland, without the need for

Employment Permits.

Inspectors in the Workplace Relations

Commission are also appointed by the

Minister for Business Enterprise and

Innovation as authorised ofcers for the

purposes of the Employment Permits Acts.

Terms of Employment (Terms of

Employment (Information) Acts)

The Terms of Employment (Information) Acts

1994 to 2014 require employers to provide

employees with a written statement of

certain particulars of their employees’ terms

of employment. The Acts, in general, apply to

any person

4 working under a contract of

employment or apprenticeship

4 employed through an employment

agency or

4 in the service of the State (including

members of the Garda Siochana and

the Defence Forces, Civil Servants

and employees of any local authority,

health board, harbour authority, the

Health Service Executive or education

and training board).

The Acts do not apply to a person who

has been in the continuous service of the

employer for less than 1 month.

In the case of agency workers, the party

who is liable to pay the wages (employment

agency or client company) is the employer for

the purposes of the Acts and is responsible

for providing the written statement.

The employer must provide the written

statement of particulars within 2 months of

the date of commencement of employment.

In the case of employees whose employment

commenced before 16th May 1994, (the

commencement date of the Act) the written

statement must be provided by the employer

within two months of being requested to do

so by the employee.

The written statement, which is not, of

itself, a contract must include particulars

of the terms of employment relating to

the name and address of the employer, the

place of work, job title/nature of the work,

date of commencement of employment, the

expected duration of contract (if temporary

contract) or the date on which the contract

will expire (if xed term contract), rate or

method of calculation of pay, pay intervals,

hours of work (including overtime), statutory

rest period and rest break entitlements, paid

leave, incapacity for work due to sickness

or injury, pensions and pension schemes,

notice entitlements, registered employment

agreements, employment regulation orders

and collective agreements.

The statement must also indicate the

pay reference period for the purpose of

the National Minimum Wage Act 2000.

Furthermore, the statement of terms must

inform the employee that he/she is entitled

to ask for a statement of his/her average

hourly rate of pay for any pay reference

period falling with in the previous 12 months

as provided for in section 23 of the National

Minimum Wage Act 2000.

As an alternative to providing some of the

details in the statement, an employer may

use the statement to refer the employee

to certain other documents containing the

particulars, provided that the document is

reasonably accessible to the employee.

An employer is also required to notify an

employee of any changes to the particulars

contained in the written statement within 1

month after the change takes effect. Where

an employee is required to work outside the

State for a period of not less than 1 month,

the employer is obliged to add certain

particulars to the written statement and to

provide the statement prior to the employee’s

departure.

Regulations made under the Acts require

employers to give their employees who are

under18yearsofageacopyoftheofcial

summary of the Protection of Young Persons

(Employment) Act 1996 within one month of

taking up a job.

Complaints

The Acts provide a right of complaint to

the Workplace Relations Commission (WRC)

where an employee believes that his/her

employer has failed to provide a written

statement in accordance with the terms of

the Acts or failed to notify the employee of

changes to the particulars contained in the

statement. The relevant complaint form is

available on www.workplacerelations.ie or

by contacting the Commission’s Information

and Customer Services on

0818

80 80 90.

There is a right of appeal by either party to

the Labour Court from a decision of a WRC

AdjudicationOfcer.

Additional Information

See Explanatory Booklets on the Terms

of Employment (Information) Acts 1994

and 2001, Protection of Employees (Fixed-

Term Work) Act 2003, Unfair Dismissals

Acts 1977 to 2007 and Payment of Wages

Act 1991, copies of which are available

on request, or downloadable from

www.workplacerelations.ie.

Information on Employment Permit

requirements is available from the Department

of Business, Enterprise and Innovation,

Telephone: (01) 417 5333

LoCall:

0818

201 616

Email: employmentpermits@dbei.gov.ie

website: www.dbei.gov.ie

Organisation of Working Time

Act 1997

The Organisation of Working Time Act 1997

sets out statutory rights for employees in

respect of rest, maximum working time and

holidays. These rights apply either by law as

set out in the Act, in Regulations made under

the Act or through legally binding collective

agreements. These agreements may vary

the times at which rest is taken or vary the

averaging period over which weekly working

time is calculated.

The 1997 Act does not apply to Members of

the Defence Forces or of the Garda Siochana.

Part II of that Act (which deals with rest

periods, and weekly working hours) does not

apply to hospital doctor in training

, persons

engagedinsea-shingorotherworkatsea,

persons employed in the civil protection

services(e.g.prisons,reservices,IrishCoast

Guard)

those who control their own working

hours or persons employed by a close relative

in a private dwelling house or farm in or on

which both reside.

Certain sectors which were originally

excluded from the scope of the Organisation

of Working Time Act 1997 have now been

covered by working time rules by way of

several sets of Regulations made under

the European Communities Act. These

Regulations either brought a particular sector

within the scope of the 1997 Act or provided

for stand-alone rules for a particular sector

within a set of Regulations. These sectors

include transport workers (other than those

performing mobile road transport activities

and those in civil aviation which are covered

by separate working time Regulations made

under EU Directives related specically to

thosesectors),doctorsintraining,sea-shing

workers and offshore workers.

Maximum Weekly Working Time

The maximum average working week is 48

hours. Averaging may be balanced out over

a 4, 6 or 12 month period depending on the

circumstances.

4 Working Hours

See the European Communities (Workers on board Sea-going Fishing Vessels( Organisation of Working Time)

Regulations 2003 (SI No. 709 of 2003)

See the Organisation of Working Time (Exemption of Civil Protection Services) Regulations 1998 (SI No. 52 of 1998)

Workplace Relations Commission -

Guide to Employment, Labour and Equality Law

Shop employees who work more than 6

hours and whose hours of work include the

hours 11 .30am - 2.30pm must be allowed

a break of one hour which must commence

between the hours 11 .30am - 2.30pm.

These rest periods and rest intervals may

be varied if there is a collective agreement

in place approved by the Labour Court or if

a regulation has been made for a particular

sector. If there are variations in rest periods

Category of Worker

Employees who are night workers

Employees generally

Employees where work is subject to

seasonality, a foreseeable surge in activity

or where employees are directly involved in

ensuring continuity of service or production

Employees who enter into a collective

agreement with their employers which is

approved by the Labour Court

Young people under 18

2 months

4 months

6 months

Up to 12 months

HoursofworkarexedbytheProtectionofYoung

Persons (Employment) Act 1996.

Reference Period for averaging

Rest Type

Daily

Weekly

Rest Breaks

11 consecutive hours daily rest per 24 hour period.

One period of 24 hours rest per week preceded by

a daily rest period (11 consecutive hours).

15 minutes where more than 4 and half hours

havebeenworked;30minuteswheremorethan

6 hours have been worked which may include the

rstbreak.

Entitlement

The 48 hour net maximum working week can be averaged according to the following rules:

Rest

Every employee has a general entitlement to the following rest periods:

and rest intervals under agreements or in the

permitted sectors, equivalent compensatory

rest must be available to the employee.

Night Workers

Night time is the period between midnight

and 7 am the following day.

Night workers are employees who normally

work at least 3 hours of their daily working

time during night time and the annual

number of hours worked at night equals or

exceeds 50% of annual working time.

Maximum night working time

For nightworkers generally, the maximum

nighttime working hours are 8 hours per

night averaged over 2 months or a longer

period specied in a collective agreement

that must be approved by the Labour Court.

For nightworkers whose work involves

special hazards or heavy physical or mental

strain, there is an absolute limit of 8 hours

in a 24 hour period during which they may

perform night work.

Denitions, exemptions and

other features of the Working

Time Act

Working time is net working time i.e. exclusive

of breaks, on call or stand-by time. Working

timeisdenedintheActastimewhenthe

employee is at his or her place of work or at

the disposal of the employer and carrying out

the duties or activities of his/her employment.

Exceptional or Unforeseeable Circumstances

- The Act permits exemption from the rest

provisions if there are exceptional, unusual

and unforeseeable circumstances. Equivalent

compensatory rest must be taken within a

reasonable period of time.

Shift and Split Shift Working - The Act

provides for automatic exemption from

the daily and weekly rest period provisions

for shift workers when they change shift

and for workers on split shifts. Equivalent

compensatory rest must be taken within a

reasonable period of time.

Exemption by Regulation - Certain categories

may be exempted from the rest provisions by

regulation. Categories of employees in the

sectors set out in the Organisation of Working

Time (General Exemptions) Regulations,

1998 (S.I. No. 21 of 1998) may, subject to

receiving equivalent compensatory rest, be

exempted from the rest provisions of the

Act. S.I. No. 52 of 1998 (Exemption of Civil

Protection Services) provides exemptions

from the rest and maximum working week

provisions of the Act without a requirement

for equivalent compensatory rest.

Exemption by Collective Agreement - Any

sector or business may be exempted from the

statutory rest times by a collective agreement

approved of by the Labour Court, subject

to equivalent compensatory rest being

made available to the employee. Collective

agreements to vary the rest times may be

drawn up between management and a trade

union or other representative staff body in

any business, organisation or enterprise.

These exemptions are subject to equivalent

compensatory rest being made available to

the employee. This means that, although

employers may operate a exible system

of working, employees must not lose out

on rest. In these circumstances rest may be

postponed temporarily and taken within a

reasonable period of time

Holidays

Holiday pay is earned against time worked.

All employees, full-time, part-time, temporary

or casual earn holiday entitlements from

the time work is commenced. Note that,

for the purposes of determining holiday

entitlements, a day on which an employee

wason acertiedabsencedue toillness is

deemed to be a working day

The Organisation of Working Time Act 1997

provides that most employees are entitled to

4 weeks annual holidays for each leave year

with pro-rata entitlements for periods of

employment of less than a year. In the case

of employees working a normal 5 day week

this would work out at 1.66 days per month

worked or 20 days.

Depending on time worked, employees’

holiday entitlements should be calculated by

one of the following methods:

(i) 4 working weeks in a leave year in which

the employee works at least 1,365 hours

(unless it is a leave year in which he or

she changes employment).

(ii) 1/3 of a working week per calendar

month that the employee works at least

117 hours.

(iii) 8% of the hours an employee works in a

leave year (but subject to a maximum of

4 working weeks).

The time at which annual leave may be

taken is determined by the employer

having regard to work requirements, and

subject to the employer taking into account

the need for the employee to reconcile

work and family responsibilities, and the

opportunities for rest and recreation

available to the employee.

The Organisation of Working Time Act

provides that the employees concerned or

their trade unions are consulted at least 1

month in advance of the dates selected

by the employer for annual leave. The

employee’s annual leave must be taken

within the leave year to which it relates

or, with the employee’s consent, within 6

months of the next leave year. Where the

employeeis,duetocertiedabsencedueto

illness, unable to take all or part of the leave

during that period of 6 months, that leave

may be taken within 15 months of the end

of that leave year

The pay for the annual leave must be given

in advance of the commencement of the

employee’s annual leave, and is calculated at

the normal weekly rate.

Where an employee ceases to be employed

and annual leave remains to be taken, the

employee should receive compensation for

the loss of any untaken leave calculated

at the normal weekly pay rate or at a rate

proportionate to the normal weekly pay rate

that he/she would have received had he/she

been granted that leave.

See Section 19(1)(A) of the Organisation of Working Time Act, 1997 (as inserted by Section 86(1)(a) of the Workplace

Relations Act 2015)

See Section 20(1)(c) of the 1997 Act (as inserted by Section 86(1)(b) of the Workplace Relations Act 2015

Public Holidays

The Organisation of Working Time Act

1997 provides for the following nine public

holidays:

In respect of each public holiday, an employee

is entitled to:

(i) a paid day off on the holiday, or

(ii) a paid day off within a month, or

(iii) an extra day’s annual leave, or

(iv) an extra days pay

as the employer may decide.

If the public holiday falls on a day on which

the employee normally works, then the

employee is entitled to either a paid day off,

an additional day’s pay, a paid day off within a

month of the day, or an additional day of paid

annual leave for the public holiday.

If the public holiday falls on a day on which

the employee does not normally work, then

the employee is entitled to 1/5th of his/

her normal weekly wage for the day, which

rate of pay is paid if the employee receives

options (i) (ii) or (iv), above, as may be decided

by the employer.

If the employee is asked to work on the

public holiday, then he/she is entitled to

either an additional day’s pay for the day, or a

paid day off within a month of the day, or an

additional day of paid annual leave.

There is no service requirement in respect of

public holidays for whole-time employees.

Other categories of employees (part-time)

qualify for public holiday entitlement

provided they have worked at least 40 hours

during the 5 weeks ending on the day before

a public holiday.

(Note that this Act refers to public holidays

not bank holidays. Not every ofcial bank

holiday is a public holiday though in practice

most of them coincide.)

Sunday Premium

If not already included in the rate of pay,

employees are generally entitled to paid

time-off in lieu or a premium payment for

Sunday working. An employee is entitled to

the premium payment for Sunday working

payable to a comparable employee in a

collective agreement in force in a similar

industry or sector. This means that the

Sunday Premium, if not already paid, will be

equivalent to the closest applicable collective

agreement which applies to the same or

similar work under similar circumstances

and which provides for a Sunday premium.

The premium can be in the form of:

4 An allowance

4 Increased rate of pay

4 Paid time off

4 Combination of the above

Public Holidays

1st January (New Year’s Day)

St.Patrick’sDay;

EasterMonday;

therstMondayinMay;

therstMondayinJune;

therstMondayinAugust;

thelastMondayinOctober;

ChristmasDay;

St. Stephen’s Day.

Zero Hours

Employees will be entitled to be paid for 25%

of the time which they are required to be

available or 15 hours whichever is the lesser,

e.g. if an employee’s contract of employment

operates to require the employee to be

available for 48 hours in a week, he/she will

be entitled to a minimum payment of 12

hours even if not required to work that week.

The Zero Hours provision does not apply to

lay-offs, short-time, emergency or exceptional

circumstances, employee illness or employee

on-call.

Records

Records required to be kept by the

employer are prescribed by S.I. No. 473

of 2001, Organisation of Working Time

(Records) (Prescribed Form and Exemptions)

Regulations, 2001. These records must be

retained for 3 years and must be available

for inspection by Inspectors of the Workplace

Relations Commission.

The regulations provide that employers are

required to keep:

(i) a record of the number of hours

worked by employees (excluding

meals and rest breaks) on a daily and

weeklybasis;

(ii) a record of leave granted to

employees in each week by way of

annual leave or in respect of a public

holiday and payment made in respect

ofthatleave;

(iii)aweeklyrecordofthenotication

ofthestartingandnishingtimeof

employees.

In relation to (i) above, the Regulations

incorporate statutory Form OWT1 on which

employers who do not have electronic

means of recording must record the number

of hours worked by employees on a daily and

weekly basis.

The Regulations also require that an employer

keep a copy of the statement provided to each

employee under the provisions of the Terms

of Employment (Information) Acts 1994 to

2014 – See Terms of Employment -Section 3.

The Regulations provide for exemptions,

subject to certain conditions, in relation

to the keeping by employers of records

of rest breaks and rest periods under the

Organisation of Working Time Act 1997.

Complaints

The Acts provide a right of complaint

to the Workplace Relations Commission

(WRC) where an employee believes that

a contravention of the Organisation of

Working Time Act, 1997 has occurred. The

relevant complaint form is available on

www.workplacerelations.ie or by contacting

the Commission’s Information and Customer

Services on

0818

80 80 90. There is a right

of appeal by either party to the Labour Court

fromadecisionofaWRCAdjudicationOfcer.

Where a WRC inspector is satised

that certain contraventions under the

Organisation of Working Time Act 1997

have occurred, he/she may, in accordance

with Section 28 of the Workplace Relations

Act 2015, issue a Compliance Notice on the

employer setting out the compliance actions

tobetakenbyaspecieddate.Anemployer

may, not later than 42 days of the service of

the notice, appeal that notice to the Labour

Court. Failure to comply with a Compliance

Notice is an offence. Compliance Notices

may be issued in respect of the following

contraventions of the 1997 Act:

Additional Information

See, Explanatory Leaet on Sunday

Premium and Zero Hours, Explanatory

Leaet on Organisation of Working

Time Act 1997 or Code of Practice on

Compensatory Rest, copies of which are

available on request, or downloadable from

www.workplacerelations.ie.

Section of 1997 Act

Failure of employer to grant compensatory rest periods.

Failure of employer to grant a daily rest period

Failure of employer to grant rest breaks

Failure of employer to grant a weekly rest period

Failure of employer to compensate employee for Sunday work

Employer permitting employee to work more than maximum working week

Employer permitting a night worker to work more than the permissible

hours for a 24 hour period

Failure of employer to notify employee of working hours

Failure of employer to make a payment under Section 18(2) to an employee

with zero-based working hours.

Failure of employer to grant annual leave entitlements

Failureofemployertoreckonacertiedabsenceduetoillnessforthe

purpose of annual leave entitlement

Failure of employer to grant annual public holiday entitlements

Failure of employer to comply with public holiday supplementary provisions

Failure of employer to grant compensation on cessation of employment for

the loss of annual leave

Failure of employer to grant compensation on cessation of employment for

the loss of public holidays

Section 6(2)

Section 11

Section 12

Section 13

Section 14(1)

Section 15(1)

Section 16(2)

Section 17

Section 18

Section 19(1)

Section 19(1)(A)

Section 21

Section 22

Section 23(1)

Section 23(2)

Contravention

General

The Protection of Employees (Part-Time

Work) Act 2001 provides that

(i) Apart-timeemployee(asdened

below) cannot be treated in a

less favourable manner than a

comparable full-time employee in

relation to conditions of employment.

(ii) All employee protection legislation

applies to part-time employees in the

same manner as it already applies to

full-time employees. Any qualifying

conditions (with the exception of

any hours thresholds) applying to

full-time employees in any of that

legislation, also apply to part-time

employees.

THE 2001 ACT ALSO PROVIDES THAT

(i) A part-time employee may be treated

in a less favourable manner than

acomparable full-time employee

where such treatment can be

justiedonobjectivegrounds(see

denitionbelow).

(ii) A part-time employee may be treated

less favourably than a comparable

full-time employee in relation to

any pension scheme or arrangement

when his/her normal hours of work

constitute less than 20 per cent of

the normal hours of work of the

comparable full-time employee.

This provision does not prevent an

employer and a part-time employee

from entering into an agreement

whereby that employee may receive

thesamepensionbenetsasa

comparable full-time employee.

Who is Covered By The Act?

In general the Act applies to any part-time

employee

(i) working under a contract of

employment or apprenticeship

(ii) employed through an employment

agency, or

(iii)holdingofceunder,orintheservice

of, the State including members

of the Garda Siochana and the

Defence Forces, civil servants and

employees of any health board,

harbour authority, the Health

Service Executive, local authority or

education and training board.

In the case of agency workers, the party

who is liable to pay the wages (employment

5 Part-Time Employees

Workplace Relations Commission -

Guide to Employment, Labour and Equality Law

agency or client company) will, normally, be

deemed to be the employer for the purposes

of the Act and be responsible for ensuring

that a part-time employee is not treated in

a less favourable manner than a comparable

full-time employee.

Objective grounds

A ground would be considered as an objective

ground for treatment in a less favourable

manner, if it is based on considerations

other than the status of the employee as a

part-time worker and the less favourable

treatment is for the purpose of achieving a

legitimate objective of the employer and

such treatment is necessary for that purpose.

Part-Time Employee

A part-time employee means an employee

whose normal hours of work is less than

the normal hours of work of a comparable

employee in relation to him/her.

Full-Time Employee

A full-time employee means an employee

who is not a part-time employee.

Comparable Employee

A comparable employee is a full-time

employee (of the same or opposite sex) to

whom a part-time employee (dened in

the Act as a “relevant part-time employee”)

compares himself/herself where the

following conditions are met:

(a)

where the comparable employee and

the part-time employee are employed

by the same or associated employer

and one of the conditions referred to

in (i), (ii) or (iii) below is met,

(b) where (a) above does not apply

(including a case where the part-time

employee is the sole employee of the

employer), the full-time employee is

speciedinacollectiveagreement

to be a comparable employee in

relation to the part-time employee, or

(c)

where neither (a) or (b) above applies,

the full-time employee is employed

in the same industry or sector

of employment as the part-time

employee and one of the conditions

referred to in (i), (ii) or (iii) below is met.

The following are the conditions (i), (ii) and

(iii) referred to above –

(i) where both employees perform the

same work under the same or similar

conditions or each is interchangeable

with the other in relation to the work,

(ii) where the work performed by one

of the employees concerned is of

the same or a similar nature to

that performed by the other and

any differences between the work

performed or the conditions under

which it is performed by each, either

are of small importance in relation

to the work as a whole or occur

with such irregularity as not to be

signicant,and

(iii) the work performed by the part-time

employee is equal or greater in value

to the work performed by the other

employee concerned, having regard

to such matters as skill, physical or

mental requirements, responsibility

and working conditions.

Agency Worker

Agency worker means an individual who

agrees with another person, who is carrying

on the business of an employment agency, to

do or perform personally any work or service

for a third person (whether or not the third

person is party to the contract). A part-time

agency worker can only compare himself/

herself to a comparable employee who is also

an agency worker and a part-time employee,

who is not an agency worker, cannot compare

himself to an agency worker.

Complaints

The 2001 Act provides a right of complaint

to the Workplace Relations Commission

(WRC) where an employee believes that a

contravention of the Protection of Employees

(Part-Time Work) Act 2001 has occurred. The

relevant complaint form is available on

www.workplacerelations.ie or by contacting

the Commission’s Information and

Customer Services on

0818

80 80 90.

There is a right of appeal by either party to

the Labour Court fromadecisionofaWRC

AdjudicationOfcer.

Additional Information

See the Explanatory Booklet on the

Protection of Employees (Part-Time Work)

Act 2001, a copy of which is available

on request, or downloadable from

www.workplacerelations.ie.

General

The Protection of Employees (Fixed-Term

Work) Act 2003 provides that

(i) Axed-termemployee(asdened

below) cannot be treated in a

less favourable manner than a

comparable permanent employee in

relation to conditions of employment.

(ii) All employee protection legislation,

other than unfair dismissal in certain

circumstances,appliestoaxed-

term employee in the same manner

as it already applies to a permanent

employee. Any qualifying conditions

applying to permanent employees in

any of that legislation, also apply to a

xed-termemployee,

(iii)

Inthecaseofaxed-termemployee

recruited after the enactment of the

Act, where he or she is employed by his

or her employer or associated employer

ontwoormorecontinuousxed-term

contracts, the aggregate duration of

such contracts shall not exceed four

years, after which, if the contract is

renewed again, it is deemed to be a

contractofindeniteduration,unless

the employer has objective grounds for

renewingthecontractagainonaxed-

termbasis.Inthecaseofaxed-term

employee recruited before the passing

of the Act, the Act provided that where

such an employee completed his or her

third year of continuous employment

with his or her employer or associated

employer,thenhisorherxed-term

contract could only be renewed by that

employeronaxed-termbasisonone

further occasion and for a term of no

longer than one year, after which, if

the contract was renewed again, it was

deemedtobeacontractofindenite

duration, unless the employer had

objective grounds for renewing the

contractagainonaxed-termbasis.

The Act also provides that

(i)

Axed-termemployeemaybetreated

in a less favourable manner than a

comparable permanent employee where

suchtreatmentcanbejustiedon

objectivegrounds(seedenitionbelow).

(ii)

Axed-termemployeemaybetreated

less favourably than a comparable

permanent employee in relation to

any pension scheme or arrangement

when his/her normal hours of work

constitute less than 20 per cent of

the normal hours of work of the

comparable permanent employee.

This provision does not prevent an

employerandaxed-termemployee

from entering into an agreement

whereby that employee may receive

thesamepensionbenetsasa

comparable permanent employee.

6 Fixed-Term Workers

Workplace Relations Commission -

Guide to Employment, Labour and Equality Law

Who is Covered by the Act?

IngeneraltheActappliestoanyxed-term

employee

(i) working under a contract of

employment or apprenticeship

(ii) holdingofceunder,orintheservice

of, the State including members of

the Garda Siochana, civil servants

and employees of any health board,

harbour authority, local authority or

vocational educational committee.

The Act does not apply to agency workers

placed by an employment agency at the

dispositionofauserenterprise;apprentices;

a member of the DefenceForces;atrainee

garda or a trainee nurse. However, the Act

applies to agency workers employed directly

by an employment agency.

Objective grounds

A ground would be considered as an objective

ground for treatment in a less favourable

manner, if it is based on considerations

other than the status of the employee as a

xed-termemployeeandthelessfavourable

treatment is for the purpose of achieving a

legitimate objective of the employer and

such treatment is necessary for that purpose.

Where, as regards any term of his or her

contract, a xed-term employee is treated

by his or her employer in a less favourable

manner than a comparable permanent

employee, the treatment in question shall

(for the purposes of section 6(2) of the Act)

beregardedasjustiedonobjectivegrounds,

if the terms of the xed-term employee’s

contract of employment, taken as a whole,

are at least as favourable as the terms of the

comparable permanent employee’s contract

of employment.

Fixed-Term Employee

The term xed-term employee means a

person who has entered into a contract of

employment with an employer where the

end of the contract is determined by an

objective condition such as arriving at a

specicdate,completingaspecictaskorthe

occurrenceofaspecicevent.

The term “xed-term employee” does not

include employees in initial vocational

training or in apprenticeship schemes nor

employees with a contract of employment

concluded within the framework of a

publicly-supported training, integration or

vocational retraining programme.

Permanent Employee

A permanent employee means an employee

whoisnotaxed-termemployee.

Comparable Permanent

Employee

An employee is a comparable permanent

employee in relation to a xed-term

employee if

(a) the permanent employee and the

xed-termemployeeareemployed

by the same or associated employer

and one of the conditions referred to

in (i), (ii) or (iii) below is met,

(b) where (a) above does not apply

(includingacasewherethexed-

term employee is the sole employee

of the employer) the permanent

employeeisspeciedinacollective

agreement, being an agreement

that for the time being has effect

inrelationtotherelevantxed-

term employee, to be a comparable

employeeinrelationtothexed-

term employee, or

apply,

the employee is employed in the same

industry or sector of employment as

thexed-termemployeeandoneof

the conditions referred to in (i), (ii) or

(iii) below is met.

The following are the conditions (i), (ii) and

(iii) referred to above –

(i) both employees perform the same

work under the same or similar

conditions or each is interchangeable

with the other in relation to the work,

(ii)

the work performed by one of the

employees concerned is of the same

or a similar nature to that performed

by the other and any differences

between the work performed or

the conditions under which it is

performed by each, either are of small

importance in relation to the work as

a whole or occur with such irregularity

asnottobesignicant,and

(iii)

the work performed by the relevant

xed-termemployeeisequalor

greater in value to the work performed

by the other employee concerned,

having regard to such matters as

skill, physical or mental requirements,

responsibility and working conditions.

The comparable permanent employee can

be either of the opposite sex to the xed-

term employee concerned or of the same sex

as him or her.

Objective Conditions

TheActprovidesthataxed-termemployee

shall be informed in writing by his or her

employer as soon as practicable of the

objective condition determining the contract,

i.e. whether it is

(i) arrivingataspecicdate,

(ii) completingaspecictask,or

(iii)theoccurrenceofaspecicevent.

Objective Grounds Justifying a

Renewal

The Act provides that where an employer

proposes to renew a xed-term contract

the employee shall be informed in writing,

not later than the date of renewal, of the

objective grounds justifying the renewal of

the xed-term contract and the failure to

offeracontractofindeniteduration.

It further provides that the written statements

referred to in this paragraph and in the

paragraph immediately above are admissible

as evidence in any proceedings under the Act. It

is also provided for in the Act that a Workplace

Relations Commission Adjudication Ofcer

or the Labour Court may draw any inference

he, she or it considers just and equitable if it

appears to him, her or it that (a) an employer

omitted to provide a written statement, or (b)

a written statement is evasive or equivocal.

Indenite Fixed-Term Contracts

An employer cannot employ an employee on

aseriesofxed-termcontractsindenitely.

Employees on xed-term

contracts

Once a xed-term contract employee

completes or has completed 3 years

continuous employment with his or her

employer or associated employer, the

employermayrenewthecontractforaxed

term on one further occasion only and that

renewal may be for a period of no longer

than 1 year.

Where such an employee is employed by his

or her employer or associated employer on 2

ormorecontinuousxed-termcontracts,the

aggregate duration of those contracts may

not exceed 4 years.

Where a term of an employment contract

purports to limit the term of the employment

contract of either category of employee

mentioned above, in contravention of the

above rules, that term shall be void and of

no effect and the contract concerned shall be

deemedtobeoneofindeniteduration–i.e.

a permanent contract.

The above-mentioned rules do not apply

where there are objective grounds justifying

the renewal of a contract of employment for

axedtermonly.

The First Schedule to the Minimum Notice

and Terms of Employment Act 1973 -relating

to continuous employment - determines

whether employment on xed-term

contracts is continuous or not.

Vacancies and training

opportunities

The2003Actprovidesthatinorderforaxed-

term employee to have the same opportunity

as other employees to secure a permanent

position, an employer shall inform him or

her in relation to relevant vacancies which

occur in the undertaking. This information

may be provided by means of a general

announcement at a suitable place in the

employee’s place of employment. However,

asregardsaccessbyaxed-termemployee

to appropriate training opportunities, the Act

provides that such access shall be provided

by an employer as far as practicable.

Information about xed-term

working

The Act provides that employers shall,

as far as practicable consider informing

employees’ representatives about xed-

term work in the undertaking.

Complaints

The 2003 Act provides a right of complaint

to the Workplace Relations Commission

(WRC) where an employee believes that a

contravention of the Protection of Employees

(Fixed-Time Work) Act 2003 has occurred.

The relevant complaint form is available on

www.workplacerelations.ie or by contacting

the Commission’s Information and

Customer Services on

0818

80 80 90.

There is a right of appeal by either party to

the Labour Court fromadecisionofaWRC

AdjudicationOfcer.

Additional Information

See the Explanatory Booklet on the

Protection of Employees (Fixed-Term Work)

Act 2003, a copy of which is available

on request, or downloadable from

www.workplacerelations.ie.

General

While the employment of children under

16 is generally prohibited by the Protection

of Young Persons (Employment) Act 1996, a

child over 14 years may be permitted to do

light work during school holidays provided

it is not harmful to health, development or

schooling or may be employed as part of

an approved work experience or education

programme. A child over 15 may also do such

work for up to 8 hours a week during school

term. Any child under 16 may be employed in

lm, theatre, sports or advertising activities

under licence from the Minister for Jobs,

Enterprise and Innovation

An employer wishing to employ anyone

under18mustrstrequiretheproduction

oftheirbirthcerticate.Beforeemploying

a child under 16 the employer must also

get written permission from the parents

or guardian.

The 1996 Act further provides for the setting

of limits to the working hours of young

people (i.e. 16 and 17 year olds) and for rest

intervals and prohibits night work.

As regards working hours, young people (16

and 17 year olds) may not work for more than

8 hours in any day or 40 hours in any week.

Employers who employ young people under

18 years of age must display a summary of the

Act (available in poster form), and also give a

summary of the Act to the employee within 1

month of the commencement of employment.

Proceedings for contraventions of the

provisions of the 1996 Act may be taken

by the Workplace Relations Commission

or by the employee’s trade union (with

certain exceptions) within 12 months of the

alleged breach. Young people and parents/

guardians (of a child) may also refer certain

contraventions of the Act to the Workplace

Relations Commission for adjudication.

7 Employment of Children

and Young Persons

Workplace Relations Commission -

Guide to Employment, Labour and Equality Law

Applications for such licences are received and processed by the Workplace Relations Commission

Children over age 14

**The reference to “work experience” in the table above is to training or work experience programmes approved by

the Minister of Jobs, Enterprise and Innovation or an tSeirbhis Oideachais Leanunaigh agus Scileanna (SOLAS)..

Age

Nil

35/7

8am - 8pm

40 hours/8 hours

Max hours per

week/day during

school term

Max hours per

week/day outside

school term

Permitted

hours of work

Maximum work

experience per

week/day **

Children over the age of 14 may only be

employed in light work, that is, non-industrial

work where there is no risk to the health and

safety of the child, and which is not harmful

to their attendance at school. 14 and 15 year

olds must be allowed a 21 day break from

work in the Summer. They must also be given

a 30 minutes break if working more than 4

hours. If working during the summer holidays,

14 and 15 year olds must get 2 days off in

every week which shall, as far as is practicable,

be consecutive.

Sixteen and seventeen year olds must receive

a 30 minutes break if working for more than a

4.5 hour period. They must receive 2 days off

in every 7, which shall, as far as is practicable,

be consecutive.

Regulations have been made which permit

young persons (i.e. 16 and 17 year olds)

employed on general duties or as apprentices,

in licensed premises to work beyond 10pm in

certaincircumstancesandsubjecttospecic

requirements. There is also a Code of Practice

Concerning the Employment of Young

Persons in Licensed Premises.

Additional Information

The Explanatory Booklet on the Protection

of Young Persons (Employment) Act 1996,

a summary of the Act in both poster and

leaet format and the Code of Practice are

available on request, or downloadable from

www.workplacerelations.ie.

Summary of Provisions in Relation to Employment of Children over age 14

Young People

Age

16 &

8 40 6am-10pm

Max hours per week/day

during school term

Max hours per week Permitted hours of work

Summary of Provisions in Relation to Employment of Young People.

General

The Carer’s Leave Act 2001 provides an

employee with an entitlement to avail of

unpaid leave from his/her employment to

enable him/her to personally provide full-time

care and attention for a person who is in need

of such care. The period of leave to which an

employee is entitled is subject to a maximum of

104 weeks in respect of any one care-recipient

(hereafter referred to as a “relevant person”). The

minimum statutory entitlement is 13 weeks.

Who is covered by the Act?

In general, the Act applies to any person

(i) working under a contract of

employment or apprenticeship,

(ii) employed through an employment

agency, or

(iii)holdingofceunder,orinthe

service of, the State (including a

civil servant within the meaning

of the Civil Service Regulation Act

1956),anofcerorservantofalocal

authority for the purposes of the

Local Government Act 1941, or of a

harbour authority, the Health Service

Executive, an education and training

board and a member of the Garda

Siochana or of the Defence Forces.

In the case of agency workers, the party

who is liable to pay the wages (employment

agency or client-company) is the employer

for the purposes of this Act.

Entitlement to Carer’s Leave

An employee who wishes to avail of Carer’s

Leavemustfulllthefollowingconditions:

(i)

Service requirement: an employee must

have completed at least 12 months’

continuous service with the employer from

whose employment the leave is taken

before the commencement of the leave.

There is no hours threshold in the Act.

(ii) Provision of Full-Time Care and Attention:

the employee must intend to take Carer’s

Leave for the purpose of personally

providing full-time care and attention to

a person (a “relevant person”) who is in

need of such and must actually do so for

the duration of the leave.

The requirement to provide full-time

care and attention will be assessed on

an individual basis by the Department

of Employment Affairs and Social

Protection. It is not intended nor is it

desirable, that an employee on Carer’s

Leave would be expected to provide care

on a 24-hour basis.

8 Carer’s Leave

Workplace Relations Commission -

Guide to Employment, Labout and Equality Law

(iii)

'Relevant Person -Need for Full-Time Care

and Attention: the relevant person (i.e.

the person receiving full-time care and

attention) must be deemed to be in need of

full-time care and attention by a deciding

ofcer(orappealsofcer)oftheDepartment

of Employment Affairs and Social Protection.

This decision is based on information

provided by the relevant person’s general

medical practitioner and assessed by that

Department’s medical advisor.

Application forms (Form CARB1) are available

fromCarer’sBenetSectionofthatDepartment

(Telephone: 043 -40087). The completed form

shouldbereturnedtoCarer’sBenetSection,

Department of Employment Affairs and Social

Protection, Balinalee Road, Longford.

The one medical assessment will sufce for

both Carer’s Leave and Carer’s Benet (the

Department of Employment Affairs and Social

Protection State payment).

Meaning of ‘Full-time care

and attention’

According to Department of Employment

Affairs and Social Protection Regulations, this

means that a person being cared for must be

so disabled as to require:

(a) continuous supervision and frequent

assistance throughout the day in

connection with his/her normal

personal needs, e.g. help to walk and

get about, eat or drink, wash, bathe,

dress etc. or

(b) continuous supervision in order to

avoid danger to him/herself.

The entitlement criteria outlined at (a) and

(b) above are also required to qualify for the

parallel State payment of Carer’s Benet. The

two schemes, Carer’s Leave and Carer’s Benet,

are administered in tandem in respect of these

criteria. Further information in relation to the

Carer’s Benet Scheme may be obtained from

Carer’sBenetSection(contactdetailsabove).See

alsothebookletontheCarer’sBenetScheme.

Other Carer’s Leave eligibility criteria are set

out in the Carer’s Leave Explanatory Booklet.

Manner in which Carer’s Leave

may be taken

The Act provides that the leave shall be taken

in either one continuous period of 104 weeks

or one or more periods, the total duration of

which amounts to not more than 104 weeks.

The minimum statutory entitlement that may

be taken in one period at the discretion of

the employee is 13 weeks. An employer and

employee, however, may agree to terms more

favourable to the employee.

Intervals between periods of

Carer’s Leave

Where Carer’s Leave is not taken by an

employee in one continuous period of 104

weeks there must be a gap of at least 6

weeks between periods of Carer’s Leave

taken in respect of the same relevant person.

An employee proposing to avail of Carer’s

Leave for another relevant person cannot

generally do so until a period of 6 months

has elapsed from the date of termination of

the leave in respect of the previous relevant

person. This provision does not apply where

two relevant persons reside together.

Protection of Employment Rights

During absence on Carer’s Leave, an

employee shall be regarded as still working

in the employment for all purposes relating

to his or her employment and none of his

or her rights or obligations relating to the

employment shall be affected by taking the

leave with the following exceptions:

(i) there is no right to remuneration

orsuperannuationbenetsandany

obligation to pay superannuation

contributions in, or in respect of, the

employment.

(ii) the right to annual leave is restricted

totheperiodcomprisingtherst

13 weeks only of the Carer’s Leave

entitlement in respect of any one

relevant person.

(iii) the right to public holidays is

likewise restricted to the period

comprisingtherst13weeksonly

of the Carer’s Leave entitlement in

respect of any one relevant person.

Absence from employment while on Carer’s

Leave shall not be treated as part of any other

leave to which the employee is entitled (e.g. sick

leave, annual leave, adoptive leave, maternity

leave, parental leave or force majeure leave.)

Protection against Penalisation

including Dismissal

The Carer’s Leave Act 2001 prohibits an

employer from penalising an employee on the

grounds that he/she has exercised or proposes

to exercise his/her right to Carer’s Leave.

Penalisation of an employee includes (a)

dismissal of the employee (b) unfair treatment

of the employee, including selection for

redundancy, and (c) an unfavourable change

in the conditions of employment of the

employee.

The general 1 year service requirement

under the Unfair Dismissals Acts is not

applicable where an employee is dismissed

for exercising his/her rights under the Carer’s

Leave Act.

Notication of Intention to take

Carer’s Leave

An employee must give written notice to his/

her employer of the intention to take Carer’s

Leave, not later than 6 weeks before the

employee proposes to commence the leave.

The statement of notice must contain the

following details:

(i) the date on which the employee

intendstocommencetheleave;

(ii) thedurationoftheleave;

(iii) the manner in which the employee

proposestotaketheleave;

(iv) a statement that an application for

adecision(intherstinstanceor

on appeal) that the person to be

cared for is a relevant person for the

purposes of Carer’s Leave Act 2001

has been made to the Department

of Employment Affairs and Social

Protection;

(v) the employee’s signature and date.

A sample of the Notice of Intention to take

Carer’s Leave is set out at Appendix A to the

Carer’s Leave Booklet.

Exceptional or Emergency

Circumstances

In exceptional or emergency circumstances,

where it is not reasonably practicable for an

employee to give notice in accordance with

the Act, such notice must be given as soon as

it is reasonably practicable for the employee

to do so.

Conrmation of Carer’s Leave

Once an employee has given notice of his

or her intention to take Carer’s Leave, the

employee must give the employer a copy

of the decision from the deciding ofcer

(or appeals ofcer) of the Department of

Employment Affairs and Social Protection

that the person in respect of whom the

employee proposes to avail of Carer’s Leave

isarelevantpersoni.e.medicallycertiedas

requiring full-time care and attention.

The employee and the employer must then

prepare a conrmation document. This

document must be prepared and signed no

later than 2 weeks before the leave is due

to begin and must include -the date on

whichtheleaveperiodwillcommence;the

durationoftheperiodofleave;signaturesof

employer and employee.

Asampleconrmationdocumentissetoutat

Appendix B to the Carer’s Leave Explanatory

Booklet.

Complaints

The 2001 Act provides a right of complaint

to the Workplace Relations Commission

(WRC) where an employee believes that a

contravention of the Carer’s Leave Act 2001

has occurred. The relevant complaint form is

available on www.workplacerelations.ie or

by contacting the Commission’s Information

and Customer Services on

0818

80 80 90.

There is a right of appeal by either party to

the Labour Court from a decision of a WRC

AdjudicationOfcer.

WhereaWRC inspector issatisedthat an

employer has failed to grant annual leave

entitlements to an employee on carer’s

leave, contrary to Section 13(2) of the Carer’s

Leave Act 2001, he/she may, in accordance

with Section 28 of the Workplace Relations

Act 2015, issue a Compliance Notice on the

employer setting out the compliance actions

tobetakenbyaspecieddate.Anemployer

may, not later than 42 days of the service of

the notice, appeal that notice to the Labour

Court. Failure to comply with a Compliance

Notice is an offence.

Additional Information

See the Explanatory Booklet on the

Carer’s Leave Act 2001, a copy of which is

available on request, or downloadable from

www.workplacerelations.ie.

General

Pay rates are normally determined by the

contract of employment. Rates of pay where

specied in collective agreements between

trade unions and employers may also be

incorporated expressly or by implication in the

individual employee’s contract of employment.

Minimum Rates of Pay

The National Minimum Wage Acts 2000

and 2015 provide that employees should

be paid for their working hours at an

hourly rate of pay that, on average, is not

less than the prescribed minimum hourly

rate of pay. The national minimum hourly

rate of pay is prescribed from time to

time by order made by the Minister for

Business, Enterprise and Innovation under

Section 10(D) of the 2000 Act. Details

of the existing rate are available on

www.workplacerelations.ie or by contacting

the Workplace Relations Commission’s

Information and Customer Services at

0818

80 80 90.

Legal minimum rates of pay for particular

categories of employees may also be laid

down in Employment Regulation Orders

(EROs), Registered Employment Agreements

(REAs) and Sectoral Employment Orders

(SEOs). Further details on these are available

in Section 2 of this Guide under the heading-

Mechanisms for Setting Terms and Conditions.

The duty to pay wages is a fundamental

aspect of an employer’s obligations. If

the employer fails to do so an employee

may present a complaint to the Workplace

Relations Commission under the Payment

of Wages Act 1991 or alternatively sue

for wages due in the ordinary courts.

If an Employment Regulation Order or

a Registered Employment Agreement

governs an employee’s pay, employers

will be guilty of an offence under the

Industrial Relations Acts if they fail to pay

wages or if they pay less than the statutory

prescribed rate. The Workplace Relations

Commission will, through its Inspection

and Enforcement Services, seek to recover

unpaid wages in such instances and will

initiate legal proceedings if necessary –

see Section 2.

Who is covered?

The National Minimum Wage Acts

2000 and 2015 apply to all employees,

including full-time, part-time, temporary

and casual employees except the

following categories of employees who

are excluded from its provisions:

(i) close relatives of the employer such

as a spouse, father, mother, son,

daughter,brotherandsister;or

9 Pay/Wages

Workplace Relations Commission -

Guide to Employment, Labour and Equality Law

(ii) apprentices within the meaning

of or under the Industrial Training

Act 1967 or the Labour Services

Act 1987 including an apprentice

printer, bricklayer, mechanic, plumber,

carpenter/joiner and electrician, or

(iii) any non-commercial work

undertaken by prisoners.

Minimum Hourly Rates of Pay

The National Minimum Wage Acts 2000

and 2015 provide that an experienced adult

worker must be paid an average hourly rate

of pay that is not less than the national

minimum wage in a pay reference period.

A pay reference period may be a week, a

fortnight or no longer than a month. For the

purposes of the Acts, an experienced adult

worker is an employee who is not:

(i) under age 18, or

(ii) inthersttwoyearsafterthedateof

rstemploymentoverage18,or

(iii) a trainee undergoing a course that

satisestheconditionswhichareset

out in S.I. No. 99 of 2000.

The table over illustrates the circumstances

where an employer may pay a lower rate than

the national minimum wage rate shown above.

Determining the average hourly

rate of pay

The gross reckonable pay earned by an

employee in a pay reference period is divided

by the employee’s working hours in that pay

reference period. The average hourly rate

of pay obtained must be not less than the

minimum hourly rate of pay entitlement of

the employee, as detailed in the Table over.

The statutory minimum hourly rates of pay are

gross amounts i.e. before tax/PRSI is deducted.

Working Hours

The working hours of an employee for the

purposes of the Acts include any overtime

hours worked in the pay reference period,

any time spent on standby in the workplace,

and any training time during normal working

hours. Working hours for the purposes of the

Act do not include the time that an employee

is absent from work on annual leave, sick

leave, protective leave, adoptive leave,

parental leave, while laid-off, on strike or time

for which an employee is paid in lieu of notice.

Reckonable and Non-Reckonable

Pay

Reckonable pay means those payments

or benets in kind that are allowable in

calculating the average hourly rate of pay

of an employee, in order to determine if the

employee has been paid his/her minimum

hourly rate of pay entitlement under the

Act. Information on reckonable and non-

reckonable pay components is contained in

the Detailed Guide to the National Minimum

Wage Acts, which may be downloaded from

www.workplacerelations.ie

or obtained

from the Workplace Relations Commission

(T:

0818

80 80 90).

Training / Study Criteria

The criteria that a course of training or study

must satisfy for the purposes of the Act, in

order for an employer to pay an employee

the trainee rates, are set out in the Detailed

Guide to the National Minimum Wage Acts. An

employer, even if an employee changes his/

her job, cannot pay an employee the trainee

rates a second time unless the employee

undergoes a course of training or study that

is different in purpose or content from the

previous training or study undertaken by the

employee.

Records

An employer must keep all records that

are

necessary to show whether this Act

is being complied with in relation to an

Employee % of National Minimum

Rate of Pay

Experienced adult worker

Employee under age 18

Employeeinthesecondyearafterthedateofrst

employment over age 18, whether or not the employee

changes employer during the year

Employeeintherstyearafterthedateofrstemployment

over age 18, whether or not the employee changes employer

during the year*

Employee in a course of training or study over age 18,

undertaken in normal working hours

1st 1/3rd period

2nd 1/3rd period

3rd 1/3rd period

Note: Each 1/3rd period must be at least 1 month

and no longer than 12 months.

Experienced adult worker named by the Labour Court in

granting a temporary exemption to an employer from paying

the national minimum hourly rate of pay.

Note: Minimum period of temporary exemption is 3 months

and maximum period is 12 months

100%

70%

90%

80%

75%

80%

90%

The Labour Court will decide

the lower hourly rate of pay

that the employee must be

paid for the period of the

temporary exemption.

* Employment experience prior to age 18 is not taken into account for these rates.

The statutory minimum hourly rates of pay are gross amounts i.e. before tax/PRSI is deducted.

employee, for at least 3 years from the

date any record is made. The records must

be kept by the employer at the premises

or place where the employee works, or if

the employee works at 2 or more premises

or places, the premises or place from

which the activities of the employee are

principally directed or controlled.

Overtime

In general employment rights legislation

does not provide for overtime. While

the Organisation of Working Act 1997

regulates rest breaks and maximum weekly

working hours it does not cover overtime

payment. Employees do not have a statutory

entitlement to overtime pay.

Policy in relation to overtime pay may be

decided by the employer and agreed as

part of the employee’s terms and conditions

of employment or through collective

agreements negotiated between employers

and employee representatives.

A number of employment sectors may have

pay and conditions of employment that

are regulated by means of Employment

Regulation Orders (EROs) or Registered

Employment Agreements (REAs), that are

legally binding on employers in the sectors to

which they apply. A small number of individual

rms mayalso have binding REAs. Some of

the EROs/REAs may regulate overtime pay.

The Terms of Employment (Information)

Act 1994 to 2014 provide that an employer

is obliged to provide an employee with a

written statement of terms of employment

within 2 months of the commencement

of employment. The written statement of

terms must include information on any

terms or conditions relating to hours of work

including overtime, as well as information on

the rate of pay of the employee or how the

pay is calculated.

Methods of Payment

The Payment of Wages Act 1991 provides

that every employee has the right to a

readily negotiable mode of wage payment.

The modes of payment prescribed in the Act

include cheque, credit transfer, cash, postal/

money order and bank draft.

Statement of Wages

The 1991 Act obliges employers to give to each

employee with every wage packet a written

statement of gross wages (payslip) itemising

each deduction. It is an offence not to do so. If

wages are paid by credit transfer, the statement

of wages should be given to the employee

soon after the credit transfer has taken

place. Complaints to the Workplace Relations

Commission regarding the non provision of

payslips/written statements of gross wages

will be investigated by an inspector.

Deductions

Employers may not make deductions from

wages or receive payment from their workers

unless:

4requiredbylaw,suchasPAYEorPRSI;

4 provided for in the contract of

employment, for example, certain

occupationalpensioncontributions;

or to make good such shortcomings

as bad workmanship, breakages or

tillshortages;orfortheprovisionsof

goods and services necessary for the

job such as the provision or cleaning of

uniforms;

4 made with the written consent of the

employee, for example a private health

insurance payment or trade union

subscriptions.

Special restrictions are placed on employers

in relation to deductions (or the receipt of

payments) from wages that:-

(i) arise from any act or omission of the

employee, or

(ii) are in respect of the supply to the

employee by the employer of goods

or services that are necessary to the

employment.

A deduction from wages of the kind described

at (i) or (ii) above must be authorised by

virtue of a term in the employee’s contract

of employment.

The employee must be given at some time

prior to the act or omission, or the provision

of the goods or services, written details of

the terms in the contract of employment

governing the deduction (or payment to the

employer) from wages.

When a written contract exists, a copy of the

term of the contract that provides for the

deduction (or payment) must be given to the

employee. In any other case, the employee

must be given written notice of the existence

and effect of the term.

The amount of the deduction described

at (i) or (ii) above must be fair and

reasonable having regard to all the

circumstances including the amount of

the wages of the employee.

In addition to the above, in the case of

a deduction that is related to the act or

omission of an employee, the employee

must be given particulars in writing of

the act or omission and the amount of

the deduction (or payment) at least one

week before the deduction (or payment)

is made.

Sick Pay and Sick Leave

In general the matter of sick pay and sick

leave is not covered under employment

rights legislation. Policy on sick pay and

sick leave in individual companies may

be decided by the employer and agreed as

part of the employee’s terms and conditions

of employment or may be set out through

collective agreements negotiated between

employers and employee representatives.

The Terms of Employment Acts 1994 to 2014

provide that an employer is obliged to provide

an employee with a written statement of

terms of employment within 2 months of

the commencement of employment. The

written statement of terms of employment

must include information on the terms or

conditions relating to incapacity for work due

to sickness or injury.

The Payment of Wages Act 1991 provides

that an employee who does not receive sick

pay as per his/her terms of employment

may refer a complaint to the Workplace

Relations Commission for adjudication. The

relevant complaint form is available on

www.workplacerelations.ie.

Complaints

Employees have the right to complain to the

Workplace Relations Commission in relation

to entitlements under the National Minimum

Wage Acts 2000 and 2015, an unlawful

deduction (or payment) from wages or in

the event of non-payment of wages. The

relevant complaint form is available on

www.workplacerelations.ie or by contacting

the Commission’s Information and

Customer Services on

0818

80 80 90.

There is a right

of appeal by either party to the Labour Court

fromadecisionofaWRCAdjudicationOfcer.

An employee cannot refer a dispute to

the Workplace Relations Commission for

adjudication by an Adjudication Ofcer in

relation to entitlements under the National

Minimum Wage Acts 2000 and 2015 unless

the employee has written to the employer

requesting a written statement of his/her

average hourly rate of pay from the employer,

inrelationtoaspecicpayreferenceperiod

or periods that are the subject of the dispute,

and has either obtained that statement,

or waited for the 4 weeks to elapse during

which the employer is permitted to respond

to the employee’s request.

Where a WRC inspector is satised that an

illegal deduction from wages has occurred,

contrary to Section 5 of the Payment of

Wages Act 1991, he/she may, in accordance

with Section 28 of the Workplace Relations

Act 2015, issue a Compliance Notice on the

employer setting out the compliance actions

tobetakenbyaspecieddate.Anemployer

may, not later than 42 days of the service of

the notice, appeal that notice to the Labour

Court. Failure to comply with a Compliance

Notice is an offence.

Section 23 of the National Minimum Wage

Act 2000 provides for the offence of failure

to comply with a request for a written

statement of the employee’s average hourly

rate of pay. Where a WRC inspector has

reasonable grounds for believing that such

an offence has occurred, he/she may serve

a Fixed Payment Notice on that employer in

accordance with Section 36 of the Workplace

Relations Act 2015. If the employer pays the

charge specied on the Notice the matter

does not proceed to Court. However, if the

person fails or refuses to pay the charge

the matter can be progressed to the District

Court where the defendant can defend their

position in the normal way.

An employee may also request an inspector

of the Workplace Relations Commission to

investigate an allegation that an employer

has failed to pay the hourly rates of pay

prescribed under the National Minimum

Wage Acts 2000 and 2015. The complaint

form available on www.workplacerelations.ie

may also be used to present such a request.

However, an employee may not refer a

dispute for adjudication by an Adjudication

Ofcer and also request an inspector to

investigate the same alleged under-payment

of the employee’s statutory minimum hourly

rate of pay entitlement.

Section 4 of the Payment of Wages Act

1991 provides that an employer must give

employees a written statement of gross

wages (payslip) itemising each deduction.

Where a WRC inspector has reasonable

grounds for believing that the offence of

failing to provide such a statement has

occurred, he/she may serve a Fixed Payment

Notice on that employer in accordance

with Section 36 of the Workplace Relations

Act 2015. If the employer pays the charge

speciedontheNoticethematterdoesnot

proceed to Court. However, if the person fails

or refuses to pay the charge the matter can

be progressed to the District Court where the

defendant can defend their position in the

normal way.

Additional Information

See the Explanatory Booklets on the

Payment of Wages Act 1991 and the National

Minimum Wage Acts, copies of which are

available on request, or downloadable from

www.workplacerelations.ie.

Minimum Notice

The Minimum Notice and Terms of

Employment Acts 1973 to 2005 provide

that employees in continuous service with

the same employer for at least 13 weeks

are entitled to a minimum period of notice

before the employer may dismiss them.

All part-time employees, regardless of the

number of hours worked, are also covered by

the Acts.

The period of notice to which an employee is

entitled varies according to length of service

as follows:

The Acts also provide that employers are

entitled to at least one week’s notice of

termination from employees who have been

employed by them for thirteen weeks or more.

Notice entitlements under the contract of

employment may exceed the minimum periods

stipulated in the Acts but any provision in a

contract of employment for shorter periods of

notice than the statutory minimum periods has

no effect. The Acts do not, however, preclude an

employer or employee from waiving their right

to notice or accepting payment in lieu of notice.

The Acts do not affect the right of an

employer or employee to terminate a

contract of employment without notice due

to the misconduct of the other party.

The First Schedule to The Minimum Notice

and Terms of Employment Acts 1973 to

2005 applies for the purpose of ascertaining

the period of service of an employee and

whether that service has been continuous, for

the purposes of a number of the Acts dealing

with employment rights.

10 Termination of Employment

Workplace Relations Commission -

Guide to Employment, Labour and Equality Law

Length of Service Minimum Notice

Thirteen weeks to less than two years

Twoyearstolessthanveyears

Five years to less than ten years

Tenyearstolessthanfteenyears

Morethanfteenyears

One week

Two weeks

Four weeks

Six weeks

Eight weeks

Redundancy

The Redundancy Payments Acts 1967-2014

impose a statutory obligation on employers

to pay compensation to employees dismissed

for reasons of redundancy or laid off or

kept on short-time for a minimum period

Redundancy arises where the employer has

ceased to carry out business, an employee’s

job ceases to exist, work of a particular

nature has ceased, a permanent reduction in

the numbers employed has or is due to occur,

reorganisation, etc..

The Redundancy Payments Acts 1967 - 2014

provide as follows:

(i) That an employee with 104 weeks’

continuous service, aged from 16, and

whose employment is terminated

because of redundancy is entitled to

a redundancy lump-sum payment.

Part-Time workers are included in

this by virtue of the Protection of

Employment (Part-Time Work) Act

2001 and the Redundancy Payments

Act 2003.

(ii) That the statutory redundancy lump-

sum entitlement is calculated as

follows:

4 2 weeks pay for every year of

service, subject to the statutory

ceiling.

4Whenthatgurehasbeen

calculated, a bonus week’s gross

pay, subject to the prevailing

statutory ceiling, is added on to

getthenalstatutoryredundancy

lumpsumgure.

Redundancy Calculator

To calculate your redundancy entitlements,

please visit www.welfare.ie and access the

Redundancy Calculator.

The minimum period is 4 or more consecutive weeks or for a period of 6 or more weeks which are not consecutive but

which fall within a period of 13 consecutive weeks.

It is strongly recommended that employers/

employees/liquidators, etc. use this

redundancy calculation facility for accuracy

and speed of calculation.

Note that any non-reckonable service only

arises in the last 3 years of employment. All

otherserviceuptothisnal3yearperiodis,

therefore, fully reckonable for redundancy

calculation purposes. Also, “excess” days

(periods less than a full year) are credited as

a proportion of a year.

The Redundancy Payments Acts, 1967 to 2014

further provide that the lump-sum must be

paid by the employer direct to the employee.

An employer may decide to make a payment in

excess of the statutory requirement to employees

– this is entirely a matter for the employer. The

Department of Employment Affairs and Social

Protection’s role relates exclusively to the

payment of the statutory entitlement.

It should be noted that statutory redundancy

employer rebates do not apply where the

date of dismissal due to redundancy is on

or after 1st January 2013. Where the date

of dismissal occurred in 2012 the employer

rebate is 15%. If the date of dismissal was in

2011 or earlier the employer rebate is 60%.

Employers must give at least 2 weeks’ written

notice of redundancies. On the date of the

termination of employment the employer

should pay the redundancy lump sum due.

Information for employers on making a

redundancy claim using the online facility

(Form RP50) is available on www.welfare.ie.

If an employer has not paid a redundancy lump

sum, the employee should apply to his/her

employer using form RP 77 (pdf), also available

on www.welfare.ie. If the employer still does

not pay the lump sum, the employee can apply

to the Department of Employment Affairs and

Social Protection for direct payment from the

Social Insurance Fund as follows:

4 If the employer is unable to pay the

redundancy lump sum, the employer

should complete and sign the RP50.

They should also submit a letter from

an accountant or solicitor stating that

they are unable to pay and accepting

liability for 100% of the lump

sum (85% for a dismissal in 2012)

owing to the Social Insurance Fund.

Documentary evidence such as audited

accounts should also be included.

4 

If the employer refuses to pay the

redundancy lump sum or if there

is a dispute about redundancy the

employee may present a complaint to

the Workplace Relations Commission

(WRC). This must be done in the normal

course within one year of the date of

termination of employment. Then the

employee may apply for the lump sum

by sending a completed form RP50

to the Redundancy Payments Section

of the Department of Employment

Affairs and Social Protection together

with a favourable decision from a WRC

AdjudicationOfcer.

Collective Redundancies

The Protection of Employment Acts 1977

to 2014 provide that, where employers

are planning collective redundancies,

they are obliged to supply the employees’

representatives with specic information

regarding the proposed redundancies and to

consult with those representatives at least

30daysbeforetherstdismissaltakesplace

to see if the redundancies can be avoided or

lessened or their effects mitigated.

These consultations must also cover

the basis on which it will be decided

which particular employees will be made

redundant. Employers must also give written

notice of their intentions to the Minister for

Employment Affairs and Social Protection at

least30daysinadvanceoftherstdismissal.

There are penalties for failure to comply with

these provisions.

A collective redundancy means the dismissal

for redundancy reasons over any period of 30

consecutive days of:

(i) at least 5 persons in an

establishment normally employing

more than 20 and less than 50

employees,

(ii) at least 10 persons in an

establishment normally employing at

least 50 but less than 100 employees,

(iii) at least 10% of the number of

employees in an establishment

normally employing at least 100 but

less than 300 employees,

(iv) at least 30 persons in an

establishment normally employing

300 or more employees.

There are regulations in place since 21st

December, 2000 - European Communities

(Protection of Employment) Regulations,

2000 (S.I. No. 488 of 2000) – which amend

the Protection of Employment Act 1977 to

provide representation of, and consultation

with, employees in the absence of a trade

union, staff association etc.

Insolvency

PURPOSE OF THE INSOLVENCY

PAYMENTS SCHEME

The purpose of the Insolvency Payments

Scheme, which is provided for in the

Protection of Employees (Employers’

Insolvency) Acts 1984 to 2012, is to protect

certain outstanding pay-related entitlements

of employees in the event of their

employer becoming insolvent as dened

in the legislation. Insolvency includes such

circumstances as liquidation, receivership

and bankruptcy.

ENTITLEMENTS COVERED BY THE

SCHEME

The main employee entitlements payable

under the Scheme are arrears of wages,

sick pay, holiday pay and pay in lieu of

notice due under the Minimum Notice and

Terms of Employment Acts. Payments on

foot of adjudication decisions or mediation

resolutions

under equality, maternity

leave, adoptive leave, parental leave, unfair

dismissals and industrial relations legislation

may also be paid. A wage limit of €600 per

week applies to all pay-related entitlements

payable under the Scheme.

The Insolvency Payments Scheme also pays

employees’ outstanding contributions to

occupational pension schemes which have

been deducted from wages of the employees

but not paid into the pension scheme.

Unpaid employer pension contributions

may also be paid from the Fund subject to

certain limits.

There are statutory limits on the amounts

of payments and the periods to which they

Resolutions reached in accordance with Section 39 of the Workplace Relations Act 2015

apply. Payments are made from the Social

Insurance Fund.

EMPLOYEES COVERED BY THE

SCHEME

The scheme covers employees who are

over 16 years of age and are in employment

which is insurable for all benets under

the Social Welfare Acts at the date of

termination of employment; this includes

employees over 66 years of age who are in

employment, which but for their age, would

beinsurableforallbenetsundertheSocial

Welfare Acts.

MAKING A CLAIM

Claims are made through the person

legally appointed to wind up the business

(normally the Liquidator or Receiver),

who will certify the claims from the

records available, and submit them to

the Insolvency Payments Section of the

Department of Employment Affairs and

Social Protection to be processed. When

the claims have been processed, payments

are made to the Liquidator, Receiver, etc.,

who will pay the employees concerned,

having made any statutory tax or other

deductions

Dismissal

The Unfair Dismissals Acts 1977 to 2015

provide protection for employees from being

unfairly dismissed from their jobs by laying

down criteria by which dismissals are judged

to be unfair and by providing an adjudication

system and redress for an employee whose

dismissal has been found to be unjustied.

The Acts apply to employees who (with

certain exceptions, see below) have had at

least a year’s continuous service with the

same employer.

A Workplace Relations Commission

Adjudication Ofcer may consider whether

the employment of a person on a series of 2

or more contracts of employment, between

which there was no more than 26 weeks of

a break, was for the purpose of avoidance

of liability by the employer under the Acts.

Where it is so found, the length of the various

contracts may be added together to assess

the length of service of an employee for

eligibility under the Acts.

Persons engaged through employment

agencies are covered by the scope of the

legislation. For the purposes of the Unfair

Dismissals Acts, the party (end user) hiring

the individual from the employment agency

is deemed to be the employer.

The Acts do not cover employees on xed

term or xed purpose contracts whose

employment terminates when the contract

expires or the purpose ceases, provided the

contract,signedbybothparties,speciesthat

the Unfair Dismissals Acts do not apply to the

expiry only of the contract. If a series of two

or more of these contracts, between which

there was no more than a 3 month break, is

considered to have existed for the purpose

of avoidance by the employer of liability

under the Acts, they will be added together in

calculating continuous service of an employee

for eligibility under the Acts. Apart from this,

any provision in an agreement, whether a

contract of employment or not, to exclude or

limit the application of the Acts is void.

The Acts also do not cover, for example,

designated apprenticeships where the

employee is let go in the month following

completion of the apprenticeship (unless the

dismissal results wholly or mainly from (i),

(vi), (vii), (viii), (ix) or (xiii) below).

The Acts do not apply in a dismissal where the

employer informs the employee in writing at

the commencement of the employment that

the employment will terminate upon the

return to work with that employer of another

employee who is absent from work while on

protective leave or natal care absence, within

the meaning of Part IV of the Maternity

Protection Act 1994, or is absent from work

attending ante-natal classes in accordance

with section 15A (inserted by section 8 of

the Maternity Protection (Amendment) Act

2004), or for breastfeeding in accordance

with section 15B (inserted by section 9 of the

Maternity Protection (Amendment) Act 2004),

oftherst-mentionedAct,andthedismissal

oftherst-mentionedemployeedulyoccurs

for the purpose of facilitating the return to

work of that other employee.

GROUNDS FOR DISMISSAL

The Acts provide that every dismissal of

an employee will be presumed to have

been unfair unless the employer can show

substantial grounds justifying the dismissal.

In order to justify a dismissal, an employer

must show that it resulted wholly or mainly

from one or more of the following causes:

(i) the capability, competence or

qualicationsoftheemployee,

(ii) the employee’s conduct,

(iii) the redundancy of the employee,

(iv) the fact that continuation of the

employment would contravene

another statutory requirement,

or that there were other substantial grounds

for dismissal.

UNFAIR DISMISSAL

An employer who has dismissed an employee

must, if asked, furnish in writing within 14

days the reason for the dismissal. Dismissals

are unfair under the Acts where it is shown

that they have resulted wholly or mainly

from one or more of the following:

(i) the employee’s trade union

membership or activities, either

outside working hours or at those

times during working hours when

permitted by the employer,

(ii) the religious or political opinions of

the employee,

(iii) the employee having made a

protected disclosure,

(iv) civil or criminal proceedings against

the employer in which the employee

is, or is likely to be, involved (as party,

complainant or witness),

(v) the exercise or proposed exercise

by the employee of the right to

parental leave or force majeure

leave under the Parental Leave Act

1998 or carer’s leave under and in

accordance with the Carer’s Leave

Act 2001,

(vi) the race or colour or sexual

orientation of the employee,

(vii) the age of the employee,

(viii) the employee’s membership of the

travelling community,

(ix) the employee’s pregnancy,

attendance at ante-natal classes

giving birth or breastfeeding or any

matters connected therewith,

(vii) the exercise or proposed exercise by

the employee of the right under the

Maternity Protection Acts 1994 and

2004 to any form of protective leave

or natal care absence or to time

off from work to attend ante-natal

classes or to time off from work or

a reduction of working hours for

breast feeding in accordance

(viii) the exercise or proposed exercise by

an employee of the right to adoptive

leave, additional adoptive leave

or time off to attend certain pre-

adoption classes or meetings under

the Adoptive Leave Acts 1995 and

2005,

(ix) the unfair selection of the employee

for redundancy,

(x)

the employee’s exercising of rights or

proposed exercise of rights under the

National Minimum Wage Acts 2000

and 2015 or under the safety, Health

and Welfare at Work Act 2005.

EXCEPTIONS TO SERVICE

REQUIREMENT

There are a number of exceptions to the

requirement for employees claiming

dismissal to have a year’s continuous service

with their employer. These include dismissal

due to

a) trade union membership or activity,

either outside working hours or at

those times during working hours

when permitted by the employer,

b) pregnancy or matters connected

therewith,

c) exercising the right to adoptive leave,

d) exercising the right to parental or

force majeure leave,

e) exercising rights under the National

Minimum Wage Acts, 2000 and 2015,

f) exercising the right to carer’s leave,

and

g) having made a protected disclosure.

It can also be construed as dismissal if

a person’s conditions of work are made

sodifcultthatheorshefeelsobliged

to leave. This is called constructive

dismissal.

REDRESS

The redress for unfair dismissal is:

(i) re-instatement in the old job, or

(ii) re-engagement in the old job or in a

suitable alternative job on conditions

which the adjudicating bodies

consider reasonable, or

(iii)wherenanciallosshasoccurred,

nancialcompensation(not

exceeding 104 weeks pay or, in

the case of protected disclosure

dismissals, 260 weeks pay -the

precise amount of compensation can

depend on such matters as where

the responsibility for the dismissal

lay, the measures taken to reduce

nanciallossortheextenttowhich

negotiated dismissal procedures (if

these existed) or the Code of Practice

on Grievance and Disciplinary

Procedures were followed), or

(iv)wherenonanciallosshasoccurred,

nancialcompensationofupto4

weeks pay.

Complaints

The Minimum Notice and Terms of Employment

Acts 1973 to 2005 provide a right of complaint

to the Workplace Relations Commission

(WRC) where an employee believes that a

contravention of the Acts has occurred.

The Redundancy Payments Acts 1967-2014

provide a right of complaint to the Workplace

Relations Commission (WRC) where an

employee believes that he/she has not

received his/her entitlements under those Acts.

Section 11A of the Protection of Employment

Act 1977 provides for a right of complaint

to the WRC where employers allegedly

contravene their obligations to consult with,

and give information to, employees in a

collective redundancy situation.

Section 9 of the Protection of Employment Act

1977 provides that an employer must initiate

consultations with employees’ representatives

where he/she proposed to create collective

redundancies. Where a WRC inspector has

reasonable grounds for believing that the

offence of failing to so consult has occurred,

he/she may serve a Fixed Payment Notice on

that employer in accordance with Section 36

of the Workplace Relations Act 2015. If the

employer pays the charge specied on the

Notice the matter does not proceed to Court.

However, if the person fails or refuses to pay

the charge the matter can be progressed to

the District Court where the defendant can

defend their position in the normal way.

The Protection of Employees (Employers’

Insolvency) Acts 1984 to 2012 provide

that disputes regarding decisions of the

Department of Employment Affairs and

Social Protection on applications for

payment in respect of arrears of pay, sick

pay, holiday pay and in relation to pension

scheme contributions may be referred to the

WRC for adjudication.

The Unfair Dismissals Acts provide for

a right of complaint to the WRC where

employees consider that they have been

unfairly dismissed. Employees who consider

they have been unfairly dismissed but who

do not qualify under the Unfair Dismissals

Acts for certain reasons (e.g. have less than a

year’s continuous service) may, in most cases,

refer the matter to the Workplace Relations

Commission for adjudication under the

Industrial Relations Act 1969. Referrals may

also be made to the Commission in the case

of dismissals connected with any of the nine

discriminatory grounds prescribed by the

Employment Equality Acts, 1998-2015.

The relevant complaint form is available on

www.workplacerelations.ie or by contacting

the Commission’s Information and Customer

Services on

0818

80 80 90. There is a right

of appeal by either party to the Labour Court

fromadecisionofaWRCAdjudicationOfcer.

Additional Information

See the Explanatory Leaets on the

Minimum Notice and Terms of Employment

Acts, the Protection of Employment Act 1977,

Guide to the Redundancy Payments Scheme,

the Insolvency Payments Scheme and the

Unfair Dismissal Acts, copies of which are

available on request, or downloadable

from www.workplacerelations.ie. Detailed

Redundancy Payment and Insolvency

Payment Scheme Procedures are available

from the Department of Employment Affairs

and Social Protection at www.welfare.ie.

Employment Equality

The Employment Equality Acts 1998 to

2011 cover employees in both the public

and private sectors as well as applicants for

employment and training.

The Acts outlaw discrimination in work-

related areas such as pay, vocational training,

access to employment, work experience and

promotion. Cases involving harassment and

victimisation at work are also covered by

the Acts. The publication of discriminatory

advertisements and discrimination by

employment agencies, vocational training

bodies and certain other bodies, e.g.

trades unions and employer associations,

is outlawed. Collective agreements may

be referred to the Workplace Relations

Commission for mediation or investigation.

The nine grounds on which discrimination is

outlawed by the Employment Equality Acts

are as follows:

4 Gender

4 Civil status

4 Family status

4 Sexual orientation

4 Religious belief

4 Age

4 Disability

4 Race colour, nationality, ethnic or

national origins

4 Membership of the Traveller

community

Collective Agreements

In cases where an employer recognises

a trade union or a group of unions, it is

common to engage in collective bargaining

to negotiate agreements. A collective

agreement is one made by or on behalf of an

employer and a representative trade union

which governs pay and/or other conditions

of employment.

Under section 9 of the Employment

Equality Acts 1998-2011, any provision in a

collective agreement or other order which

discriminates on any of the nine grounds may

be declared null and void. This includes an

agreement which results in a discriminatory

difference in pay.

The agreements and orders which may

be challenged are: collective agreements,

Employment Regulation Orders and

Registered Employment Agreements.

Occupational Pensions

Occupational pensions are, broadly speaking,

pensions established by an employer for

employees (as distinct from ones provided by

the State through the social security system).

In accordance with Part VII of the Pensions

Act 1990 (as amended by the Social Welfare

(Miscellaneous Provisions) Act 2004) it is

11 Equality

Workplace Relations Commission -

Guide to Employment, Labour and Equality Law

unlawful to discriminate directly or indirectly

in relation to occupational pensions on any

of the nine protected grounds as listed above.

Equal Status

The Equal Status Acts 2000-2012 prohibit

discrimination in the provision of goods and

services, the disposal of property and access

to education, on any of the nine grounds set

out below. The Acts outlaw discrimination

in all services that are generally available

to the public whether provided by the

state or the private sector. These include

facilities for refreshment, entertainment,

banking, insurance, grants, credit facilities,

transport and travel services. Discrimination

in the disposal of premises, provision of

accommodation, admission or access to

educational courses or establishments is also

prohibited subject to some exemptions.

The eleven grounds on which discrimination is

outlawed by the Equal Status Acts are as follows:

4 Gender

4 Civil status

4 Family status

4 Sexual orientation

4 Religious belief

4 Age

4 Disability

4 Race colour, nationality, ethnic or

national origins

4 Membership of the Traveller

community

4 Victimisation

4 Housing assistance

Complaints in respect of registered clubs and

licensed premises may only be referred to

the District Court.

Penalising a person for making a complaint

of discrimination or for giving evidence

in someone else’s complaint or lawfully

opposing unlawful discrimination is called

victimisation and the Equal Status Act

specically protects a person against such

victimisation.

Complaints

A person who claims to have been

discriminated against or subjected to

victimisation or not to be receiving equal

pay or a benet under an equality clause

may seek redress by referring the case to the

Director General of the Workplace Relations

Commission under the Employment Equality

Acts 1998 to 2011. A claim for redress

relating to discrimination on the grounds of

gender may be brought to the Circuit Court

instead of to the Director General .

A person who is affected by a collective

agreement or order can refer a complaint to

the Workplace Relations Commission.

All claims of discrimination in relation to

occupational pensions may be referred to the

Director General of the Workplace Relations

Commission who may refer the matter to the

Pensions Board if s/he so wishes for technical

advice on pension matters.

Persons who consider that prohibited conduct,

as dened under the Equal StatusActs, has

been directed against them may seek redress

by referring the case to the Director General

of the Workplace Relations Commission.

Such referrals may also be made by the Irish

Human Rights and Equality Commission.

Transfer of Undertakings

THE REGULATIONS

The European Communities (Protection of

Employees on Transfer of Undertakings)

Regulations 2003 aim to protect the

contractual rights of employees in respect of

their employment in the event of the transfer

to another employer of the business or part

of the business in which they are employed.

TRANSFER OF CONTRACTUAL

RIGHTS/OBLIGATIONS

The Regulations provide that the rights and

obligations of the original employer (“the

transferor”) arising from an employment

contract existing at the date of a transfer

shall, by reason of such transfer, be transferred

to the new employer (“the transferee”).

Furthermore, the transferee must continue to

observe the terms and conditions agreed in

any collective agreement on the same terms

as were applicable to the transferor under

that agreement until the date of termination

or expiry of the agreement or the entry into

force of another collective agreement.

PENSIONS EXCEPTION

However, the above rule does not apply

in respect of employee’s rights to old

age, invalidity or survivor’s benets under

supplementary company or inter-company

pension schemes outside the Social Welfare

Acts. In effect, such pension rights in place

on the date of transfer do not transfer across

to the new contract but are protected under

the Pensions Acts 1990 to 2003 – where the

relevant supplementary company pension

scheme is an occupational pension scheme

within the meaning of those Acts (i.e. an

approved pension scheme). In relation to

unapproved occupational pension schemes,

the transferee (new employer) is required to

“protect” the rights of employees in such cases.

DISMISSAL

An employee may not be dismissed by reason

of the transfer of an undertaking. Dismissals

for “economic technical or organisational

reasons entailing changes in the workforce”

are, however, not prohibited.

If an employee’s contract of employment

is terminated because a transfer involves a

substantial change in working conditions to

the detriment of the employee, the employer

concerned is regarded as having been

responsible for the termination.

EMPLOYER’S INSOLVENCY

The above obligations on the part of an

employer, in a transfer situation, do not

apply where the outgoing employer is

subject to proceedings whereby he could

be adjudicated bankrupt, or wound up (a

12 Other Relevant Provisions

Workplace Relations Commission -

Guide to Employment, Labour and Equality Law

company) for reasons of insolvency, by order

of the High Court.

EMPLOYEES’ REPRESENTATIVES

The position of the employees’

representatives is protected across a transfer.

INFORMATION AND CONSULTATION

Both the original and new employer are

obliged to inform their respective employees’

representatives of the date of the transfer,

the reasons for the transfer and the legal,

social and economic implications of the

transfer. This must be done, where reasonably

practicable, not later than 30 days before the

transfer date, and in any event in good time

before the transfer is carried out (or in the

case of the transferee, in good time before

the employees are directly affected by the

transfer regarding conditions of employment).

Details of any measures envisaged in relation

to the employees must be discussed with the

employees’ representatives “with a view to

reaching an agreement”. Where there are no

representatives, the employers must arrange

for the employees to choose representatives

for this purpose.

Rights of Posted Workers and of

non-national workers in Ireland

EU DIRECTIVE

EU Directive 96/71/EC concerning the posting

of workers in the framework of the provision

of services requires each Member State to

ensure that a worker posted to its territory

from an undertaking in another Member

State is guaranteed the terms and conditions

of employment, in respect of certain matters,

that employees are guaranteed under the

law of that Member State.

The Directive also requires each Member

State to ensure that workers posted to

its territory are guaranteed the terms and

conditions of employment in respect of those

same matters that employees are guaranteed

in that Member State under any universally

applicable collective agreement concerning

construction or related work.

A“postedworker”isdenedforthepurposes

of the Directive as “a worker who, for a limited

period, carries out his work in the territory

of a Member State other than the State in

which he normally works”.

IRISH LAW

Workers posted to work in Ireland from other

EU Member States have the protection of all

Irish employment legislation in the same

way as employees who have an Irish contract

of employment. This is by virtue of the

Protection of Employees (Part-Time Work)

Act 2001, section 20, which states that all

employment legislation which confers rights

or entitlements on an employee applies

to a posted worker in the same way that it

applies to any other employee and that, a

person, irrespective of nationality or place

of residence, who works in the State under

a contract of employment, has the same

rights under Irish employment protection

legislation as Irish employees.

As the Industrial Relations Act 1946 applies

to posted workers, all collective agreements

registered under section 27 of that Act apply

to posted workers.

Specic instruments conferring

rights covered by Directive

The enactments that regulate the rights

that are required to be guaranteed to posted

workers by Directive 96/71 /EC and that

apply to a worker posted to Ireland include:

4 EmploymentAgencyAct1971;

4 Safety Health and Welfare at Work

Act1989;

4 MaternityProtectionAct1994;

4 Protection of Young Persons

(Employment)Act1996;

4 Organisation of Working Time Act

1997;

4 Employment Equality Acts 2011 and

2015

4 National Minimum Wage Acts 2000

and 2015.

The collective agreements that regulate the

rights that are required to be guaranteed

to posted workers involved in construction

or other related activity and that apply to

such a worker posted to Ireland include any

Registered Employment Agreements that

may be in force in the Construction sector.

The following are the matters in respect

of which a Member State is required (by

Article 3.1 of the Directive) to ensure that

a posted worker is guaranteed the terms

and conditions of employment guaranteed

to employees in that Member State (by law,

collective agreement etc.):

4 maximum work periods and

minimumrestperiods;

4 minimumpaidannualholidays;

4 minimum rates of pay, including

overtimerates;

4 conditions of hiring-out of workers, in

particular by temporary employment

undertakings;

4 health,safetyandhygieneatwork;

4 protective measures with regard

to the terms and conditions of

employment of pregnant women

or women who have recently given

birth, of children and of young

people;and

4 equality of treatment between men

and women and other provisions on

non-discrimination.

The activities to which the universally

applicable collective agreements, that

the Directive requires a Member State

to ensure are applied to workers posted

to its territory, relate include excavation,

earthmoving, actual building work, assembly

and dismantling of prefabricated elements,

tting out or installation, alterations,

renovation, repairs, dismantling, demolition,

maintenance, upkeep, painting and cleaning

work, improvements.

Domestic Workers

Domestic workers enjoy the same protection

under Irish employment legislation as all

other legally employed workers. Typical tasks

carried out by domestic workers include

Cleaning, Cooking, Laundry, Child-minding,

Caring for Elderly or Sick Family Members,

Gardening & Maintenance, Driving and any

Other Duties relating to a household.

The question as to whether a person is an

employee or not is generally established

by reference to the provisions of existing

employment legislation and established

contract law. The use of designations such as

Au Pair or other descriptions of arrangements

between consenting parties do not in

themselves mean an employment contract

does not exist. A person performing a duty for

another person in exchange for a payment

would strongly suggest the existence of a

contractual relationship.

The Industrial Relations Act 1990 (Code of

Practice for Protecting Persons Employed in

Other People’s Homes) (Declaration) Order

2007 introduced a code of practice setting

out the current employment rights and

protections for persons employed in other

people’s homes and to provide

4 for the obligation to provide a written

statement of terms and conditions of

employment as required under the

Terms of Employment (Information)

Acts, detailing hours, rates, duties,

breaks, leave entitlements, treatment

oftraveltimeetc;

4 forthesafeguardingofprivacy;

4 that the employer will not keep any

personal document belonging to an

employee;

4 for the treatment of accommodation

andmakingofanydeductions;

4 that all additional duties will be by

prior agreement only and out-of-

pocket expenses will be reimbursed

promptly;

4 that the employer will facilitate the

employee in the free exercise of

personalpursuits;and

4 that the employer will not restrict

the employee’s right to trade union

membership.

Worker Participation

The Worker Participation (State Enterprises)

Acts 1977 to 2001, provide for employee

participation at board and sub-board level in

certain State enterprises.

Elections for worker directors, which are

by secret ballot, are held every 4 years.

Employees of at least 18 years of age, who

have one year’s continuous service with the

enterprise, are eligible to vote at worker

director elections.

Nominees for election must be employees

between 18 and 65 years of age with at

least 3 years’ continuous service. Trade

unions and other bodies that are recognised

for collective bargaining negotiations may

nominate candidates for election.

The 1988 Act provides for the introduction

of sub-board participative arrangements in

35 State enterprises. Sub-board arrangement

scan be set up following application by a

trade union or unions or at the request of a

majority of the employees of the enterprise.

Provision is made for the drawing up of an

agreement between the State enterprise

and its employees concerning the specic

arrangements to be introduced. The

legislation is not prescriptive in relation to

the nature of the arrangements introduced,

but does provide that these must include the

following essential features:

(i) a regular exchange of views and

information between management

and employees concerning matters

whicharespeciedintheagreement;

(ii) the giving in good time by

management to employees of

information about certain decisions

whichareliabletohaveasignicant

effectonemployeesinterests;

(iii) dissemination to all employees of

information and views arising from

the participative arrangements.

Employment Agencies

The Employment Agency Act 1971 provides

that any person carrying on the business of an

employment agency must obtain a licence to

do so from the Minister for Business, Enterprise

and Innovation. An employment agency is

dened as a person (including a temporary

work agency) engaged in an economic activity

who employs an individual under a contract of

employment by virtue of which the individual

may be assigned to work for, and under the

direction and supervision of, a person other

thantherst-mentionedperson.

Persons seeking employment through an

employment agency should ensure that they

deal only with licensed agencies. No fee may

be charged by an agency to a job seeker

solely for agreeing to seek employment for

them. Applications for employment agency

licences are received and processed, on

behalf of the Minister for Business, Enterprise

and Innovation, by the Workplace Relations

Commission (see www.workplacerelations.ie).

Furthermore, an employment agency cannot

charge a Non-EEA National employee for a

Work Permit issued by the Department of

Business, Enterprise and Innovation.

An agency worker is an individual employed

by an employment agency under a contract

of employment by virtue of which the

individual may be assigned to work for, and

under the direction and supervision of, a

person other than an employment agency.

The Protection of Employees (Temporary

Agency Work) Act 2012 provides that an

agency worker shall, for the duration of his/

her assignment to a hirer, be entitled to

the same basic working and employment

conditions to which he or she would be

entitled if he or she were employed by the

hirer under a contract of employment to do

work that is the same as, or similar to, the

work that he or she is required to do during

that assignment.

The 2012 Act also provides that assignments

forming part of the same series of

assignments shall, for the purposes of the

determination of the basic working and

employment conditions of an agency worker,

be treated as a single assignment.

Safety, Health and Welfare at

Work

The existing principal piece of primary

legislation dealing with occupational

health and safety is the Safety, Health and

Welfare at Work Act 2005 which applies

to all places of work, to all employers and

employees and also to the self-employed.

This Act places duties on employers and

employees concerning the provision of a

safe and healthy working environment.

Certain obligations are also placed on

those designing, importing, supplying or

manufacturing articles or substances for use

at work. The 2005 Act replaced the Safety,

Health and Welfare at Work Act 1989 which

provided for the establishment of the Health

and Safety Authority and the assignation of

powers and functions to that Authority.

OTHER OCCUPATIONAL SAFETY AND

HEALTH LEGISLATION

Occupational safety and health legislation

is further expanded by the Safety, Health

and Welfare at Work (General Application

Regulations (2007 to 2012), these

Regulations provide the statutory provisions

in a self-contained, easily assessable and

user friendly format.

These Regulations address legal requirements

concerning workplaces and work equipment,

the safe use of electricity in the workplace,

procedures for safe work at height, control of

physical agents at work (i.e. noise, vibration

andarticialopticalradiation),theprotection

of sensitive risk groups (i.e. children and

young people, pregnant and breastfeeding

employees and night and shift workers),

the provision of safety signs and rst aid

at work, protection for persons working in

explosive atmospheres and safe working of

pressure systems.

Theproceduresgoverningthenoticationto

the Health and Safety Authority of accidents

and dangerous occurrences is set down in

Part X and the Twelfth Schedule of the

Safety, Health and Welfare at Work (General

Application - Regulations 1993 (S.I. No. 44

of 1993). The Regulations impose general

andspecicobligationsonemployerswith

regard to the evaluation and reduction of

the exposure of employees to occupational

risk and hazards, the development of risk

prevention policies, consultation, training

and information of workers and health

surveillance. Employees are also obliged

by these Regulations to cooperate with

employers in matters relating to the

protection of their own safety and health

at work.

There are also issue and sector specic

regulations e.g. asbestos, carcinogens,

chemical agents, construction, explosive

atmospheres, mines and quarries. The 2005

Act continues to be augmented by a growing

body of secondary legislation reecting

ongoing developments at EU level in the

area of Occupational Safety and Health.

BULLYING IN THE WORKPLACE

The Health and Safety Authority is the central

co-ordinating State Agency for matters

relating to workplace bullying. In this regard,

any individual who has a concern about

workplace bullying should contact the Anti-

Bullying Response Unit, which is based at

theHealthandSafetyAuthority’sHeadOfce

at Metropolitan Building, James Joyce Street,

Dublin 2, D01 K0Y8.

There are three relevant Codes of Practice in

this area:

4 The Code of Practice for Employers

and Employees on the Prevention

and Resolution of Bullying at Work-

introduced in 2007 under the Safety,

Health and Welfare at Work Act 2005

is aimed at preventing and dealing

with bullying where is happens in

Irish workplaces. It is code for both

employers and employees and is

administered by the Health and

Safety Authority.

4 The Code of Practice detailing

Procedures for Addressing Bullying

in the Workplace -made under the

Industrial Relations Act 1990 and

administered by the Workplace

Relations Commission.

4 The Code of Practice on Guidance

on Prevention and Procedures for

dealing with Sexual Harassment and

Harassment at Work made under the

Employment Equality Act 1998 and

administered by the Irish Human

Rights and Equality Authority.

Complaints

An employee (or his/her trade union) may

take a complaint to the Workplace Relations

Commission (WRC) that an employer has

contravened his/her obligations to the

employee under the European Communities

(Protection of Employees on Transfer of

Undertakings) Regulations 2003.

Complaints in relation to contraventions

of the Protection of Employees (Temporary

Agency Workers) Act 2012 may be presented

for adjudication to the Workplace Relations

Commission.

Where a WRC inspector is satised that a

hirer has failed to treat an agency worker no

less favourably than the hirer’s employees

in relation to access to collective facilities

and amenities at a place of work, contrary to

Section 14 of the Protection of Employees

(Temporary Agency Workers) Act 2012, he/

she may, in accordance with Section 28 of

the Workplace Relations Act 2015, issue a

Compliance Notice on the employer setting

out the compliance actions to be taken by

aspecieddate.Anemployermay,notlater

than 42 days of the service of the notice,

appeal that notice to the Labour Court.

Failure to comply with a Compliance Notice

is an offence.

The relevant complaint form is available on

www.workplacerelations.ie or by contacting

the Commission’s Information and

Customer Services on

0818

80 80 90.

There is a right of appeal by either party to

the Labour Court fromadecisionofaWRC

AdjudicationOfcer.

Additional Information

See the Explanatory Booklet on the

European Communities (Protection of

Employees on Transfer of Undertakings)

Regulations, 2003 and the Guide to the

Worker Participation (State Enterprises)

Acts 1977 to 2001, copies of which are

available on request, or downloadable from

www.workplacerelations.ie.

Appendix I-

Adjudication Redress Provisions

Workplace Relations Commission -

Guide to Employment, Labour and Equality Law

Act Section or

Regulation

Industrial Relations

Act 1946 to 2015

Minimum Notice

and Terms of

Employment Act

1973

Protection of

Employment Act

1977

Unfair Dismissals

Acts

42, 43, 44, 45

(1946 Act),

Chapter 2

of 2015 Act,

Chapter 3 of

2015 Act

4(2), 5, 6

9 and 10

3, 4, 5, 6

Contravention of an

Employment Regulation Order,

a Sectoral Employment Order

or a Registered Employment

Agreement

Failuretogiveminimumnotice;

failure to grant the employee’s

rights during a period of

notice;failuretogivenoticeto

employer.

Failure of employer to

consult with employees

representatives where collective

redundanciesareproposed;

failure of employer to provide

information to employees’

representatives in relation to

proposed redundancies

Unfair dismissal

May require the employer

to comply with the relevant

Employment Regulation

Order or make an award of

compensation not exceeding 2

years’ remuneration

Compensation for any loss

sustained by reason of the

contravention (Sections 4(2)

and5);suchdirectionsasare

considered appropriate.

Requiring the employer to

comply with Section 9 or 10

and/or pay compensation not

exceeding 4 weeks’ pay

May include re-instatement of the

employee in the position which he

held immediately before his dismissal

on the terms and conditions on

which he was employed immediately

beforehisdismissal;re-engagement

by the employer of the employee

either in the position which he held

immediately before his dismissal

or in a different position which

would be reasonably suitable for

him on such terms and conditions

as are reasonable having regard

toallthecircumstances;ifthe

employeeincurredanynancial

loss attributable to the dismissal,

payment to him by the employer of

such compensation (not exceeding

104weeksremuneration);ifthe

employeeincurrednosuchnancial

loss, payment to the employee by

the employer of such compensation

(if any, but not exceeding 4 weeks

remuneration)

Contravention Redress

Act Section or

Regulation

Protection of

Employees

(Employers’

Insolvency) Acts

1984 to 2012

Pensions Act 1990

Payment of Wages

Act 1991

6, 7

Failure to pay entitlements

under the Insolvency Scheme

(e.g arrears of wages, sick pay,

holiday pay and pay in lieu

of notice, payments on foot

of adjudication decisions or

mediation resolutions)

Non-compliance of any rule of

anoccupationalbenetscheme,

other than an occupational

pension scheme, with the

principleofequaltreatment;

non-compliance of any term

of a collective agreement,

employment regulation order

or contract of employment,

insofar as it relates to

occupationalbenets,withthe

principleofequaltreatment;

non-compliance with the

principle of equal treatment

in relation to the manner in

which an employer affords his/

her employees access to an

occupationalbenetscheme.

Illegal deduction from wages

Direction to pay the amount due

to the employee.

An order requiring that the

principle of equal pension

treatmentbecompliedwith;

anordertotakeaspecied

courseofaction;anorder

for compensation for acts of

victimization.

A direction to the employer

to pay compensation of an

amount not exceeding the net

wages that would have been

paid in the week preceding the

deduction/payment or, if the

deduction/payment is greater

than the latter, twice that

amount.

Contravention Redress

Act Section or

Regulation

Terms of

Employment

(Information) Act

1994

Maternity

Protection Act 1994

Adoptive Leave Act

1995

Protection of

Young Persons

(Employment) Act

1996

Transnational

Information and

Consultation of

Employees Act

1996

Organisation of

Working Time Act

1997

3, 4, 5 and 6

Parts II, III

or IV

Parts II, III

13 and 17

6(2), 11 to

23 and 26

Failure of employer to provide

a written statement of terms of

employment, to provide, prior to

departure, a written statement

of terms of employment when

required to work outside the

state, to notify the nature and

date of a change to the terms

of employment or to furnish a

statement at the request of an

employee, who has an existing

contract of employment prior to

the commencement of the Act

Entitlements in relation to

maternity leave, return to work,

etc.

Failure to grant the adoptive

parent’s entitlements

Failure to preserve the pay rates

and conditions in place before the

commencement of the 1996 Act

(13): Penalisation of an employee

for having in good faith opposed an

unlawful act under the 1996 Act (17).

Penalisation of an employee

because of his/her status as

anemployeerepresentative;

failure of employer to provide

reasonable facilities to

representatives

Failure to grant rest periods, annual

leave, public holiday entitlements,

information relating to working

time or zero hours practices and

pay for leave and public holidays

oncessationofemployment;

penalisationofemployee;failureto

grant compensatory rest or breaks.

Mayincludeconrmationor

alteration of the particulars

contained in a statement, a

requirement for the employer

to alter or add to the

statement and the payment of

compensation not exceeding 4

week’s remuneration.

May include directions in

relation to the grant of

leave and/or the award of

compensation not exceeding 20

week’s remuneration.

May include directions to the

parties to resolve the matter

and the award of compensation

not exceeding 20 week’s

remuneration.

May include directions to take

aspeciedcourseofactionand

the award of compensation.

May include directions to take

aspeciedcourseofactionand

the award of compensation.

May require the employer

to comply with the relevant

provision and make an award of

compensation not exceeding 2

years’ remuneration

Contravention Redress

Act Section or

Regulation

Parental Leave Act

1998 and European

Communities

(Parental Leave)

Regulations 2000

Protections for

Persons Reporting

Child Abuse Act

1998

Employment

Equality Acts 1998

to 2011

Equal Status Acts

2000 to 2004

National Minimum

Wage Act 2000

Parts 11,

III of 2000

Act and

Regulation 8

of the 2000

Regulations

4(1)

Parts II, III

and IV of

1998 Act (as

amended)

Part II

Failure to grant the parent’s

entitlements under the 1998

Act

Penalising an employee for

having reported child abuse.

Discrimination, victimisation,

dismissal in circumstances

amounting to discrimination

orvictimization;failureto

payequalremuneration;non-

receiptofbenetsunderan

equality clause.

Discrimination against, or sexual

harassment or harassment

of, or permitting the sexual

harassment or harassment of, a

person in contravention of the

Equal Status Acts.

Failure to pay the correct pay

entitlement under the 2000 Act

May specify the grant of

parental leave, the award of

compensation not exceeding 20

weeks’ remuneration or both.

May require the employer

to comply with the relevant

provision,takeaspecied

course of action and make

an award of compensation

not exceeding 104 weeks’

remuneration

Compensation, an order for

equal remuneration, order for

equal treatment, order to take

aspeciedcourseofaction,

order for re-instatement or

re-engagement with or without

compensation

Compensation;ordertotakea

speciedcourseofaction

May include a direction to the

employer to pay arrears and

the expenses of the employee

inconnectionwiththedispute;

may require the employer to

rectify the contravention and

pay any amount in respect

of which the employer is in

contravention.

Contravention Redress

Act Section or

Regulation

Carer’s Leave Act

2001

Prevention

of Corruption

(Amendment) Act

2001

Protection of

Employees (Part-

Time Work) Act

2001

Competition Act

2002

Protection of

Employees (Fixed-

Term Work) Act

2003

Disputes

other than

those

relating

to matters

under

Sections 6(1)

(a), (b) or (c),

6(5), 6(6) or

18.

8A(5)

9 and 15

50(3)

6, 8, 9, 10, 11,

13 or any

provision of

the Act

Failure to grant entitlement to

carer’s leave,

Penalisation of an employee

for reporting offences under

Prevention of Corruption Acts

1889 to 2010.

Treating a part-time employee,

in respect of his or her

conditions of employment, in a

less favourable manner than a

comparablefull-timeemployee;

penalisation of employee

Penalisation of employee for

reporting breaches of the 2002

Act

Treatingaxed-termemployee,

in respect of his or her

conditions of employment, in

a less favourable manner than

apermanentemployee;failure

of employer to comply with

provisions concerning successive

xed-termcontracts;failureof

employer to provide a written

statement;failuretoprovide

information on vacancies

andtrainingopportunities;

penalisation of employee etc.

May specify the grant of

carer’s leave, the award of

compensation not exceeding 26

weeks’ remuneration or both.

May require the employer

totakeaspeciedcourseof

action or make an award of

compensation not exceeding

104 weeks’ remuneration

May require the employer

to comply with the relevant

provision and make an award of

compensation not exceeding 2

years’ remuneration

May require the employer to

comply with Section 50(3),

takeaspeciedcourseof

action and make an award of

compensation not exceeding

104 weeks’ remuneration

May require the employer

to comply with the relevant

provision, to reinstate or

reengage the employee

(including on a contract of

indeniteduration)ormake

an award of compensation not

exceeding 2 years’ remuneration

Contravention Redress

Act Section or

Regulation

Health Act 2004

Safety, Health and

Welfare at Work Act

2005

Employment

Permits Act 2006

Employees

(Provision of

Information and

Consultation) Act

2006

Consumer

Protection Act 2007

Chemicals Act 2008

55M(1)

26(3)

87(3)

26(1)

Penalisation of an employee for

making a protected disclosure

under the Health Acts.

Penalisation of an employee for

performing duties, etc under the

Health and Safety Acts

Penalisation of an employee for

making a complaint or giving

evidence in proceedings under

the Employment Permits Act

2006.

Penalisation of an employee for

performing his/her functions

under the 2006 Act

Penalisation of an employee

for reporting breaches of the

2007 Act.

Penalisation of an employee

for reporting breaches of the

2008 Act.

May require the employer

to comply with the relevant

provision,takeaspecied

course of action or make an

award of compensation

May require the employer

totakeaspeciedcourseof

action or make an award of

compensation

May require the employer

totakeaspeciedcourseof

action or make an award of

compensation

May require the employer

totakeaspeciedcourseof

action or make an award of

compensation not exceeding 2

years’ remuneration

May require the employer

to comply with the relevant

provision,takeaspecied

course of action or make an

award of compensation

May require the employer to

comply with the provision,

takeaspeciedcourseof

action or make an award of

compensation not exceeding

104 weeks’ remuneration

Contravention Redress

Industrial Relations

(Miscellaneous

Provisions) Act

2004

Victimising an employee on

account of the employee being

or not being a member of a

trade union or an excepted body

or the employee engaging or

not engaging in any activities

on behalf of a trade union or an

excepted body

May direct that the conduct

which is the subject of the

complaint should cease

and make an award of

compensation not exceeding 2

years’ remuneration

Act Section or

Regulation

National Asset

Management

Agency Act 2009

Inland Fisheries Act

2010

Criminal Justice Act

2011

Property Services

(Regulation) Act

2011

Protection of

Employees

(Temporary Agency

Work) Act 2012

223(3)

38(1)

20(1)

67(5)

6, 11, 13(1),

14, 23, 24

Penalisation of an employee for

making a complaint or giving

evidence in proceedings under

the 2009 Act.

Penalisation of an employee for

making a complaint or giving

evidence in proceedings under

the 2010 Act.

Penalisation of an employee for

disclosing information relating

to relevant offences

Penalisation of an employee

for reporting improper conduct

under the 2011 Act

Failure to give an agency worker

his/her basic working and

employmentconditions;failure

toadviseofvacancies;the

charging of a fee to an employee

by an agency for arranging

employment;failuretoprovide

the same collective facilities and

amenitiestoanagencyworker;

penalisation of the employee

for invoking rights or making a

complaint under the 2012 Act.

May require the employer

totakeaspeciedcourseof

action or make an award of

compensation

May require Inland Fisheries

Irelandtotakeaspecied

course of action or make an

award of compensation not

exceeding 2 years’ remuneration

May require the employer

totakeaspeciedcourseof

action or make an award of

compensation not exceeding 2

years’ remuneration

May require the employer

totakeaspeciedcourseof

action or make an award of

compensation not exceeding

104 weeks’ remuneration

May require the employer

or hirer, as the case may be,

totakeaspeciedcourseof

action or make an award of

compensation not exceeding 2

years’ remuneration

Contravention Redress

Charities Act 2009 62(1) Penalisation of an employee

for reporting breaches of the

2009 Act

May require the employer to

comply with the provision,

takeaspeciedcourseof

action or make an award of

compensation not exceeding

104 weeks’ remuneration

Act Section or

Regulation

Protected

Disclosure Act 2014

European

Communities

(Protection

of Employees

on Transfer of

Undertakings)

Regulations 2003

European

Communities

(Organisation of

Working Time)

Activities of

Doctors in Training)

Regulations 2004

European

Communities

(Organisation of

Working Time)

(Mobile Staff in

Civil Aviation)

Regulations 2006

12(1)

4 (excluding

4(4)(a)), 5,

6, 7, 8

5, 6, 7, 8, 9, 10

7, 8, 9, 10, 11

Penalisation of an employee for

making a protected disclosure

under the 2014 Act.

Failure to protect the rights

of employees arising from an

employment contract in the

event of a transfer of a business

or part of a business, in which

they are employed, which

entails a change of employer.

Failure to grant rest periods,

breaks, compensatory rest

or breaks or to comply with

maximum working hours

provisions

Failure to comply with

provisions relating to annual

leave, health assessments,

health and safety, working time

and the adaptation of work.

May require the employer

totakeaspeciedcourseof

action and make an award of

compensation not exceeding

260 weeks’ remuneration

May require the employer to

comply with the Regulations,

takeaspeciedcourseof

action or award compensation

not exceeding 4 weeks’

remuneration (Regulation 8

breach) or 2 years’ remuneration

(other breach).

May require the employer

to comply with the relevant

provision and/or an award of

compensation not exceeding 2

years’ remuneration.

May require the employer to

comply with the Regulations,

and award compensation

not exceeding 2 years’

remuneration.

Contravention Redress

Further Education

and Training Act

2013

Central Bank

(Supervision and

Enforcement) Act

2013

35(1)

41(1)

Penalisation of an employee for

making a complaint or giving

evidence in proceedings under

the 2013 Act.

Penalisation of an employee for

making a protected disclosure

under the 2013 Act.

May require the employer

totakeaspeciedcourseof

action or make an award of

compensation not exceeding 2

years’ remuneration

May require the employer

totakeaspeciedcourseof

action or make an award of

compensation not exceeding 2

years’ remuneration

Act Section or

Regulation

European

Communities

(Cross-Border

Mergers)

Regulations 2008

European

Communities

(Working Conditions

of Mobile Workers

engaged in

Interoperable Cross-

Border Services in

the Railway Sector)

Regulations 2009

European

Communities

(Road Transport)

(Organisation of

Working Time of

Persons performing

Mobile Road

Transport Activities)

Regulations 2012

39(1)

Schedule 1

5, 8, 9, 10,

11, 12

Penalisation for performing

functions under the 2008

Regulations

Penalisation for performing

functions Failure to provide for

daily rest periods, breaks, weekly

rest periods and contravention

of driving time periods. the

2008 Regulations

Failure to comply with

maximum working hours and

night time work restrictions, rest

and break period requirements

and other employer obligations.

May require the taking

ofaspeciedcourseof

action or make an award of

compensation not exceeding 2

years’ remuneration

May require the employer to

comply with the Regulations,

and award compensation

not exceeding 2 years’

remuneration.

May require the employer to

comply with the Regulations,

and award compensation

not exceeding 104 weeks’

remuneration.

Contravention Redress

European

Communities

(Occurrence

Reporting in

Civil Aviation)

Regulations 2007

9(4) Subjecting an employee to any

prejudice because the employee

has, for the purposes of the

2007 Regulations, made a report

of an incident of which the

employee may have knowledge

European

Communities

(European Public

Limited-Liability

Company) (Employee

Involvement)

Regulations 2006

European Commu-

nities (European

Cooperative So-

ciety) (Employee

Involvement)

Regulations 2007

20(1)

The penalisation of employee

representatives for undertaking

their functions under the

Regulations.”

The penalisation of employee

representatives for undertaking

their functions under the

Regulations

May require the taking of a

speciedcourseofaction

and make an award of

compensation not exceeding 2

years’ remuneration

May require the taking

ofaspeciedcourseof

action or make an award of

compensation not exceeding 2

years’ remuneration

May require the taking of a

speciedcourseofaction

and make an award of

compensation not exceeding 2

years’ remuneration

Workplace Relations Commission

Information and Customer Services

O’Brien Road, Carlow

Lo-call:

0818

808090