Employment Contracts

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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 working under a contract of employment or apprenticeship employed through an employment agency or 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. 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 Acts do not apply to a person who has been in the continuous service of the employer for less than 1 month. 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 fixed 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.

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