Dairine Walsh, Solicitor with Beauchamps Solicitors, outlines the minimum requirements that employers must satisfy when hiring an employee either full time or part time.
Every doctor who employs staff must give them the basic terms and conditions of their employment under the Terms of Employment (Information) Acts 1994-2001.
The Act applies to all employers and all employees, whether they are full time, part time or temporary. The Act obliges employers to provide employees with a written statement of their terms and conditions of employment within two months of starting work.
The Act applies to all employers and all employees, whether they are full time, part time or temporary. The Act obliges employers to provide employees with a written statement of their terms and conditions of employment within two months of starting work.
The statement must include the following information:
1. Full names of the employer and employee;
2. Address of the employer in the State;
3. Place of work;
4. Job title or nature of the work;
5. Date of commencement of employment. Where the contract is temporary, the expected duration of the contract; and if the contract is for a fixed term, the date on which the contract expires;
6. Rate of remuneration and the pay reference period. This should cover also any other aspect of remuneration such as bonus, commission and so on. Under the National Minimum Wage Act 2000, the employer can select a pay reference period not exceeding one calendar month. An employee may also request a written statement from the employer of their average hourly rate of pay;
7. Hours of work. This includes details relating to the hours of work including overtime, evening work, shift rotas or any other such arrangements. Details of rest breaks and rest periods must be included;
8. Details of paid leave (other than paid sick leave);
9. Details of sick leave/absence policy. For example, the policy on reporting of absences, requirements for medical certificates and so on;
10. The terms and conditions of any pension scheme. Under the Pensions (Amendment) Act 2002 employers are obliged to provide access to a PRSA for ‘non eligible’ employees, that is, where the employer either does not have an occupational pension scheme or the employee is not eligible to join the scheme or there is a waiting period which is greater than six months from the date of the employee’s start date;
11. Details of the period of notice to be given by the employer and the employee prior to the termination of employment;
12. Details of collective agreements, if relevant;
13. Other:
* The employer must notify the employee, in writing within one month, of the nature and date of any change to their terms and conditions of employment;
* Where an employee is required to work outside the State for more than one month, the employer is obliged to give the employee, prior to the departure of the employee, additional information relevant to the employment outside the State.
This written statement should be signed and dated by the employer and should be retained in the employee’s file for one year after their employment has ceased.
Even if an employee leaves employment, they are still entitled to request a written statement of their terms and conditions of employment.
If an employer fails to provide a written statement then the employee may make a complaint, within six months after the date their employment terminates, to a Rights Commissioner. The Rights Commissioner can order the employer to provide a written statement to the employee and/or order the employer to pay compensation up to a maximum of four weeks remuneration.
A useful sample terms and conditions of employment is available on www.employmentrights.ie.
* Dairine Walsh, Solicitor, Beauchamps Solicitors. Email: d.walsh@beauchamps.ie
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