Nature of Redundancy If a particular job or role is redundant, the employer is entitled to dismiss the employee who fills that position. Provided that this is the true reason for dismissal, it is deemed not to be an unfair dismissal. The employee may have an entitlement to a redundancy payment if he or she has more than two continuous […]
Protection of Young Persons (Employment) Act, 1996 Interpretation. 1.—(1) In this Act— “agreement” means a collective agreement, an employment regulation order or a registered employment agreement; “break” means the interval during which a child or young person may not be permitted under this Act to work; F1[“child” means a person who has not reached the age of 16 […]
Paid Parental Leave The Parents Leave and Benefit Act 2019 increased paid parental leave in the first year of the child’s life. In the case of adoption it applies within a year of the date of adoption. Parental leave was unpaid and was not the subject of a social welfare payment equivalent to that applicable in respect of maternity paternity […]
Background The Common Travel Area reflects the fact that many Republic of Ireland citizens have the deepest family and personal ties with the United Kingdom and that many persons in both Northern Ireland and the Republic of Ireland have a common Irish and United Kingdom heritage. The CTA reinforces and supports the fact that the UK and Irish labour market […]
Secondment Secondment is a process by which a person is assigned from one employer to another while retaining the right to return to the first employer. The employee may or may not leave employment with the original employer, depending on the terms of the agreement. He may be placed with the host while still working with the original employer. Alternatively, […]
Maximum Duration of Probation Where an employee has entered into a contract of employment with an employer which provides for a probationary period, such period shall not exceed 6 months. The probationary period of a public servant shall not exceed 12 months. The probationary period may, on an exceptional basis, be longer where such a longer period does not exceed […]
Fixed Term Workers An EU directive establishes minimum requirements relating to fixed-term work. The purpose is to ensure equal treatment of workers and prevent abuse arising from successive employment contracts. The directive covers fixed-term workers including seasonal workers. It does not cover workers placed at the disposal of an employer or user by a temporary employment agency. States may exclude […]
Working Time The EU working time directives lay down general requirements in relation to the organization of working time. It deals with provisions of daily, weekly, rest, annual leave, night work and shift work. Working time is the period during which the worker is working at the employer’s disposal and carrying out his activity and duties in accordance with national […]
Terms of Employment The EU has enacted a number of directives designed to keep employees informed of basic information in respect of their employment. There is a directive which requires that employees be told details of their terms of employment. It applies to all paid employees with a contract of the employment relationship. Some exclusions are permitted for employment relationships […]
Early Developments and Gender Pay The EU treaty provides the principle of equality of treatment in employment. The provisions of equality have had a dramatic effect on employment equality through the European Union. This is a fundamental part of the common market. The European Union has also introduced directives in the area of paternity and maternity rights. The European Union […]
False & Dependent Self-Employed A‘ false self-employed worker’ means an individual who— performs for a person (‘other person’), under a contract (whether express or implied and if express, whether orally or in writing), the same activity or service as an employee of the other person, has a relationship of subordination in relation to the other person for the duration of […]
Purpose of the Act The purpose of the Payment of Wages (Amendment) (Tips and Gratuities) Act 2022 is provide clarity on the meaning of tips, gratuities and mandatory service charges; place tips and gratuities, but not mandatory service charges, outside the scope of a person’s contractual wages; oblige employers to display prominently their policy on the distribution of tips; oblige […]
Prohibition and Scope So-called Zero hours contracts are prohibited unless they provide for work done in emergency circumstances they provide cover for short-term absences or the work is, of its nature, genuinely casual. A zero-hours contract is one which requires the employee to make himself or herself available to an employer in a week for a certain number of hours […]
Section 20(2) of the Workplace Relations Act, 2015 provides, at the request of the Minister, for the preparation of draft codes of practice by the WRC for submission to the Minister for Enterprise, Trade and Employment. Codes of Practice are written guidelines, agreed in a consultative process, setting out guidance and best practice for employers and employees with respect […]