Contract of Employment
Employment Contract templates for full-time or part-time employees, permanent or temporary staff, casual contracts, relief contracts, zer hours contracts, short-term contracts, contracts of indefinite duration, agency contracts, fixed-term contracts, specific-purpose contracts, executive contracts or independent contractor contracts
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Do you need to review your existing contracts and bring them up-to-date with current employment legislation and best-practice?
The Contract of Employment - 4 Questions
Do you meet the minimum level of compliance required of you as an employer by having employment contracts with all your employees?
Do all your employees have a comprehensive, up-to-date contract of employment?
Is the employment relationship and employment contract between you and you employees perfectly clear in all areas?
Are your employment contracts reviewed or amended at least on an annual basis?
Contracts of Employment - 5 Reasons Why You Need Them
All employees are legally entitled to a written statement of their terms and conditions of employment within two months of commencement of employment.
To provide clarity to employees
To protect your company in the event of disputes or disciplinary matters with employees
To protect your company in the event of employee litigation
To pass a NERA inspection
Terms and Conditions of Employment Required By Law
There are as many as 52 clauses which we recommend for inclusion in contracts, ranging from clauses required by law to those that are highly recommended based on recent case law.
Statement of Terms and Conditions of Employment [Terms of Employment (Information) Act, 1994]
Full name of employer
Full name of employee
The address of the employer
The place of work (if there is no permanent place of work, a statement specifying that the employee is required or permitted to work at various places)
Appointment/job role - The title or description of the job or the nature of the work for which the employee is employed (duties should always be described in an inclusive manner and include a general clause for example that the employee will, in addition, be expected to carry out any reasonable requests of the employer
The date of commencement of the contract
The rate of pay, the method of calculation and the frequency of payment (this clause should also include provisions on any permissible deductions in accordance with the Payment of Wages Act, 1991
The period of notice required from each party to terminate the contract
The terms and conditions applicable to sick pay, if any
The terms and conditions applicable to pension schemes, if any
The terms and conditions relating to paid leave if any
Reference should be made to any collective agreement affecting the terms of the contract, whether or not the employer is a party to the agreement, including information about the institutions or organisations which drew up any Collective Agreement which affects the terms of the contract to which the employer is not a party
An Employee Working Abroad Is also entitled to details of the following:
The period of employment outside the State
The currency in which they will be paid
Any other benefits in kind or cash that will be provided
The terms and conditions applicable on the employee's return home
Changes in Employment [Terms of Employment (Information) Act, 1994]
Section 5 of the Act requires an employer to furnish an employee with details of any changes in the terms and conditions of their employment as listed above.
Discipline and Dismissals Procedure [Unfair Dismissals Act, 1977-2007]
The Unfair Dismissals Act (1977) provided that an employer was obliged to furnish an employee with a notice in writing setting out the procedure that would be adopted prior to any dismissal of that employee.
The Unfair Dismissals Amendment Act (1993) strengthened the section considerably by providing that in the adjudication upon a claim for unfair dismissal, account should be taken of the compliance, or non-compliance of the employer with that procedure. In practice the Employment Appeals Tribunal take a very serious view of the need for an employer to follow fair procedures prior to a dismissal.
Working Time and Breaks [Organiation of Working Time Act, 1997]
The Organisation of Working Time Act 1997 regulates paid annual leave, breaks, Sunday work, maximum working week, overtime and double employment. For clarity these entitlements should be included in the contract of employment. It should also be expressly stated, where appropriate, that there is a prohibition on the employee working in another job where their cumulative hours would bring their weekly hours above the maximum permitted by the Act.
Pension Details [Pensions (Amendment) Act, 2002]
Pursuant to the Pensions (Amendment) Act 2002, employers who do not provide an occupational pension scheme for their employees are obliged to provide access to at least one standard Personal Retirement Savings Account (PRSA) contract and to make deductions form the payroll at the employee’s request in respect of the employee’s contribution to the PRSA. The employer is not obliged to contribute to the PRSA. If an employer does not provide access to a pension scheme, then express provision should be made in the contract for providing the employees with access to a specific PRSA account.
Terms and Conditions of Employment That are Not Explicitly Required by Law but Which Are Highly Recommended
There are certain terms that will not be implied into the contract and so, in order to ensure efficiency and flexibility, should be expressly included. For example:
Flexibility with regard to Location of Work / Mobility Requirement
Probationary Period
Reporting Relationship
Absence and Sick Leave / Pay
Medical Examination
Grievance Procedures
Confidentiality
Company Property
Phone and Mobile Phone Usage
Performance Review
Pay Review
Quiet-time, Lay-Offs or Short-Time
Health and Safety
Non - Smoking
Changes in Personal Details
Right of Inspect
Right to Test for Intoxicants
Training and Courses
Retirement
Company Rules and Regulations
Equality
Bullying and Harassment / Respect and Dignity at Work
Restraint of Trade / Non Solicitation / Post-Termination Restrictions
Conflict of Interest
Internet and Email Usage
Reimbursement of Expenses
Company Vechile
Garden leave
Intellectual Property Rights
Contracts of Employment - Next Steps
Too often employers find themselves in disputes with employees which could have been avoided through a well-written, well thought-through, employment contract.
Contact us for further information, to obtain a FREE audit of your current employment agreement or to obtain a quote for contracts of employment for your business.
