The last decade has seen substantial changes in the field of employment protection in Ireland. These legisation changes are described in a series of documents which can be accessed here. Full details of all of the legislation is available on http://www.irishstatutebook.ie
Employee Rights
As an employee, you are entitled to receive certain basic employment rights. Although some industries entitle employees to different rights, the list below is the minimum you should receive.
A written statement of terms and conditions of employment. Whilst the full contract does not have to be in writing, certain terms and conditions of your employment must be stated in writing within two months of starting employment. These would typically include the method of calculating pay and whether or not there is a sick pay scheme in operation. (For fixed term employees it would also include in what circumstances your employment will come to an end.)
A written statement of pay or ‘payslip’. Your payslip should set out gross pay and list all deductions made from it.
A minimum wage
Most experienced adult workers in Ireland are entitled to be paid €8.65 per hour. There are however, some exceptions to the minimum wage, including those employed by close relatives, those aged under 18 and trainees or apprentices.
There are also certain industries in Ireland where a higher minimum wage applies, including the construction industry. Further information on these industries is available here.
A maximum working week average of 48 hours a week
The maximum 48 hour week is based on an average calculated over a four, six, or twelve-month period depending on the industry. Your employer must keep a record of how many hours you work.
Unpaid breaks during working hours
You have the right to a 15-minute break if working four and a half hours of work and a 30-minute break if working six hours of work.
Annual leave from work
Full-time workers have the right to four working weeks paid annual leave per year. Part-time workers have the right to a proportional amount of annual leave based on the amount of time they work.
A minimum amount of notice before dismissal
You are entitled to a minimum amount of notice if your employment ceases. The minimum amount of notice depends on the length of service.
Employment Law Explained is a usefull information booklet downloadable from the National Employment Rights Authority.
The main bodies dealing with the enforcement of employment rights are:
The National Employment Rights Authority (NERA) was established under the Social Partnership Agreement "Towards 2016" to achieve a national culture of employment rights compliance. It provides information to employees and employers through its information unit, monitors employment conditions through its inspection services and can enforce compliance and seek redress.
Rights Commissioners investigate disputes, grievances and claims that individuals or small groups of workers refer under a range of employment legislation.
The Labour Court was established to provide a free, comprehensive service for the resolution of disputes about industrial relations, equality, organisation of working time, national minimum wage, part-time work and fixed-term work matters.
The Employment Appeals Tribunal is an independent body established to provide a speedy, inexpensive and relatively informal means for adjudication of disputes on employment rights under the various legislations that come within the Tribunal’s scope. Their goal is that customers using the service will be satisfied overall with the service they have received from the Tribunal.
The Equality Tribunal is the impartial forum to hear or mediate complaints of alleged discrimination under equality legislation. It is independent and quasi-judicial and its decisions and mediated settlements are legally binding.
The HSA is the state sponsored body in Ireland with responsibility for securing safety, health and welfare at work and operate under the Safety, Health and Welfare at Work Act 2005. Working in partnership with employers and employees, our responsibility is to ensure that safety and health in the workplace is a key priority for everyone.
The Pensions Board has a role in relation to occupational pensions and Personal Retirement Savings Accounts (PRSAs).
Employer Rights & Responsibilities
Employment law has become increasingly complex over the past number of years and there are over 30 pieces of major employment legislation in Ireland. The need for organisations to ensure compliance with legislation is greater than ever, as the level of claims, inspections and fines are increasing each year.
IBEC (Irish Business and Employers Confederation) provide a useful section on Employment Law on their website to assist employers understand the issues they may be faced with.
The Department is responsible for the delivery of a range of social insurance and social assistance schemes including provision for unemployment, illness, maternity, caring, widowhood, retirement and old age.
Website of the The Equality Tribunal. The equality legislation prohibits discrimination on 9 grounds - gender, marital status, family status, sexual orientation, religion, age, disability, race and membership of the Traveller community.
The Employment Appeals Tribunal is an independent body established to provide a speedy, inexpensive and relatively informal means for adjudication of disputes on employment rights under the various legislations that come within the Tribunal’s scope.
Provides visitors with useful, easily accessible information about the Labour Court. As well as comprehensive information on the purpose, organisation, procedures and services of the Labour Court, the website gives access to, and specialised searching fac
Business Plus is Ireland's largest circulation monthly business magazine. The magazine focuses exclusively on the activities of Irish companies or companies based in Ireland.
eWorkingIreland.com is a resource website for information about corporate eWorking in Ireland. It provides useful and relevant information for Irish employees and companies about working from home.
Work Life Balance consists of the implementation of working arrangements and policies which assist workers in combining employment with other aspects of their lives.
NERA is an Office of the Department of Enterprise. NERA aims to secure compliance with employment rights legislation and to foster a culture of compliance in Ireland.
