Contract Terms I
Sample Contracts
Sample #1
Draft employment agreement
TO: [Address]
Dear [ ],
On behalf of [ ] “the Company” I am pleased that you propose to join [me/us] as an employee. This letter sets out your terms and conditions of employment with the Company.
1. Date of Employment
Your employment with the Company shall commence on [ ].
Any employment with a previous firm/employer shall not count as part of your period of continuous employment with the Company.
Subject to satisfactory completion of the probationary period specified below, you will be employed on a full time permanent basis until your employment is terminated by either party giving to the other the notice period specified in the notice clause.
2. Appointment and duties
Your appointment is as a secretary. Your job description is attached and forms part of your terms and conditions of employment. Due to the changing demands of the business, your duties may vary from time to time, and you will be given due notice of any such changes.
3. Location
You will normally carry out your duties at the Company’s offices at [ ] . From time to time however you may be requested to perform duties away from the premises.
4. Probationary Period
For the first six months of your employment, you will be employed on a probationary basis. This gives both you and the Company an opportunity to assess your suitability for the position. During this period, and any extension thereof, except in the case of gross misconduct, either party upon giving one week’s notice, in writing can terminate the employment. The Company reserves the right to pay one week’s salary in lieu of notice.
Your probationary period may be extended at the discretion of the Company, subject to a maximum probationary period, inclusive of notice, of 12 months.
5. Hours of Work
The normal office hours are from 9.00am to 2.00pm Monday to Friday inclusive with a break from 11.30am to 12.00pm subject to any variation required in the normal course of business or as otherwise agreed with the Company. It may on occasion be necessary for you to work overtime.
6. Salary
Your salary will be[ ], per annum, payable weekly in arrears, on the last working day of the week by cheque or by credit transfer, after the deduction of PAYE PRSI and all other lawful authorised deductions.
[Your salary will be reviewed annually on the [ ] day of [ ] of each year. Details of any increases in salary will be notified to you, by letter, prior to the date of change
The Company reserves the right to deduct from your wages any sums due to it from you, and by signing this contract you hereby agree to any such deduction.
In addition to the annual salary outlined herein, in consideration of you entering into this Agreement, the Company has agreed to transfer 1% of the entire issued share capital in the Company to you. As a shareholder of the Company, you have agreed to enter into a share subscription and shareholders agreement in order to manage and regulate the relationship between the shareholders in the Company.
7. Annual Leave
The holiday year of the Company runs from [1st of April to the 31st of March]. In accordance with the Organisation of Working Time Act 1997, your holiday entitlements shall be 20 days/ four working weeks paid leave. Except in special circumstances no more than [10] working days can be taken together at any one time. [A certain number of your annual leave days may be designated dates set by the Company when the office is closed during the Christmas and Easter holidays. You will be given notice of these days in advance.] In addition, you will be entitled to public holidays and any additional holidays as the Company may decide from time to time.
If you start or leave your employment during a holiday year, your annual leave entitlement in that year will be calculated pro-rata at the rate of days for each complete month of service.
8. Pension
The Company does not operate a pension scheme. However, access is available to a Personal Retirement Savings Account (PRSA). The Company’s PRSA providers are [ ]. You have access to this account, should you wish to make contributions. The Company will not make any contributions to the PRSA.] or
9. Retirement
Your normal retirement age will be 65. This contract constitutes notice that your contract of employment will expire on that date (unless it has terminated at an earlier date) without the requirement of any further notice being issued to you.
10. Illness
All absences through illness of longer than two days duration must be verified by production of a medical certificate. Payment while on sick leave (especially during probationary period) is at the discretion of the Company. There is no legal entitlement to be paid during absence due to illness.
The Company may, at its sole discretion, continue to pay the employee’s salary during part or all of the period of sickness provided that such remuneration shall be inclusive of any social welfare sickness benefit to which the Employee is entitled under the provisions of the Social Welfare Acts and such sickness or other benefits recoverable by the Employee (whether or not recovered) may be deducted therefrom.
11. Maternity, Parental, Adoptive and Force Majeure Leave
You will be entitled to Maternity, Parental, Adoptive and Force Majeure Leave in accordance with the relevant legislation. You must give due notice of your intention to take any such leave in accordance with the provisions of the relevant legislation.
12. Confidentiality
You shall not during your employment with the Company or at any time thereafter:
· Disclose any confidential information in relation to the Company or its clients to any person or persons (except to those authorised by the Company or as otherwise required by law); a result of your employment with the Company other than on behalf of the Company;
· Use for any purpose or purposes any confidential information acquired by you as a result of your employment with the Company other than on behalf of the Company;
· or, through any failure to exercise all due care and diligence, divulge confidential information of the Company, including, in particular, lists or details of clients of the Company, or information relating to the clients of the Company, or in respect of which the Company is bound by any obligation of confidence to a third party.
All notes, memoranda, records and writing made by you relating to the business of the Company shall be and remain the property of the Company and shall be delivered by you to the Company upon request.
13. Grievance, Disciplinary and Bullying and Harassment Procedures and Codes of Conduct
The Company’s Grievance, Disciplinary and Bullying and Harassment Procedures and Codes of Conduct are set out in the Company’s Policies and Procedures Document attached to this letter. You should read the document and familiarise yourself with the codes and procedures to be taken following any breach of the code.
14. Internet and Email Policy
The Company’s Internet and email policy are set out in the [Company’s Policies and Procedures Document] attached to this letter. You should read the document and familiarise yourself with the Policy. Breach of this policy is a serious disciplinary matter.
15. Data Protection
The Company will retain data relating to you in accordance with applicable Data Protection legislation and by signing this document you consent to such personal data being retained.
16. Notice of Termination of Employment
Except in circumstances justifying immediate termination of your employment by the Company and following satisfactory completion of the probationary period, employment will be terminable by you or the Company by not less than 1 month’s notice in writing.
The Company reserves the right to pay in lieu of notice.
17. Pay on Termination
On termination of your employment you will be entitled to pay calculated as a proportion of one month’s/weeks salary for any days worked since you were last paid plus payment for any days holidays accrued but not taken.
18. Change of your Terms of Employment
The Company reserves the right to make reasonable changes to any of your terms of employment from time to time; such changes may be made by way of a general notice applicable to all employees or by way of specific notice to you. Any such changes shall take effect immediately.
At least one month’s written notice will be given to you of any significant changes which may be given by way of an individual notice or a general notice to all employees. You will be deemed to have accepted such a change unless you notify the Company of any valid objection in writing before the expiry of the one-month period.
If you are satisfied with these terms and conditions you should sign the attached duplicate where indicated and return same to [me/to the Company] [I Am/We are] delighted that you have decided to join [me/us], and [I/we] look forward to a long and happy working relationship.
Yours Sincerely
____________________
on behalf of The Company
Dated [ ] of 20[ ]
I have read, understood and confirm that I accept employment with [ ] subject to
the terms and conditions referred to above [and those contained in the attached appendix):
Signed: __________________
Dated: __________________
Sample # 2
SAMPLE CONTRACT OF EMPLOYMENT
Sample
Date __________
Name __________
Address __________
Address __________
Dear ____________
I am pleased to offer you an appointment to our staff. You are being offered a position in
our ___________ department.
This is a permanent position subject to the satisfactory completion of a probationary
period.
Commencement Date
Your appointment will commence on the _______________ and will not continue
beyond your 65th Birthday. (or some other agreed year)
Probationary Period
You will be required to satisfactorily complete a six-month probationary period of
employment. During the probationary period, employment may be terminated at the
Company’s absolute discretion. In such case you will be entitled to 1 week’s notice, after
the completion of 13 weeks service. The Company reserves the right to extend the
probationary period, but in any case it will not be extended beyond 11 months. The
company may if it wishes pay salary in lieu of notice and require that during such notice
period you do not carry out any duties or attend at the work place. During the
probationary period your performance will be evaluated and if successful the company
will confirm the cessation of the probationary period. During the probationary period the
provisions of the disciplinary procedure will not apply.
Conditions Precedent
It is a condition precedent of this offer of employment that the company receives
satisfactory references and evidence of your qualifications. The company will request
references from previous employers. These references must be on file prior to your
commencing employment with the company. You are also required to undergo a medical
examination with the company’s doctor. Confirmation of appointment will be
dependent on the doctor confirming you are fit for employment.
To arrange your pre-employment medical, please contact Dr.____________ secretary at:
Address___________________
Phone ___________________
Position/Title
Your position will be _________________
Your manager will be_________________
Duties
Your duties will include _____________ and any other duties you may be assigned.
Salary
Your salary will be €____________ per annum, and will be paid monthly/weekly/ by
cheque/direct debit etc.
The Company reserves the right to deduct from your pay any sums which you may owe
the Company including without limitation to, any overpayment or loans made to you by
the Company or losses suffered by the Company as a result of your negligence or breach
of Company rules.
Shift Premium
The Company may require you to work shift or unsocial hours – in such case you will be
paid a premium – details may be obtained from your Manager.
Sunday Premium
If you work Sunday you are entitled to a Sunday premium of ___________.
Hours of Work
The Company operates from _________ to _________. Work hours are from _______to
________.
You will be required to work ______ hours per week. You will be rostered on a
________ basis that will specify the days and hours you are required to work. You will
be required to work______ days per week, which may include Saturdays and Sundays.
You are expected to be cooperative in working outside these hours. Your hours of work
may be changed at short notice and you are expected to comply with these changes. You
will be given as much notice as is reasonably possible.
You may be required to work overtime (that is in excess of _________ hours). When this
is necessary you will be given as much prior notice as possible.
Break entitlements are _________ in the morning and ______ for lunch.
Where, due to circumstances outside the control of the Company, there is insufficient
work, the Company reserves the right to place staff on Lay Off or Short Time working.
In such circumstances the Company will give as much notice as is practicable. Selection
for Lay Off or Short Time working will be dependent on operational needs.
Holiday Entitlements
Your holiday entitlements will be_________ days per annum together with all statutory
public holidays. It may be necessary for some staff to work public holidays. The holiday
year runs from _________ to _________ and your full entitlement must be taken during
this period. Only in very exceptional circumstances will un-taken holidays be carried
forward to the next period. Holidays must be requested and approved in advance. 4
weeks’ notice must be given to management. No more 2 weeks annual leave may be
taken at any one time except in exceptional circumstances and at the sole discretion of
management. The Company will try to accommodate holiday dates, but the needs of the
business may have to take precedence, particularly where inadequate notice is given. The
Company reserves the right to nominate when holidays may be taken. In such cases at
least one month’s notice will be given.
Public Holidays shall be given in accordance with the Organisation of Working Time
Act, 1997.
On termination of employment, holiday entitlement will be calculated to the nearest full
month worked. If you have already taken holidays in excess of your entitlement, this will
be deducted from your final salary.
Illness
If you are unable to come to work due to illness you must inform your __________, or
the ____________ department within 1 hour of your starting time on the first day, giving
some indication of the reason for absence and the likely date of return. If your absence is
going to exceed two days you should forward a doctor’s certificate to the company on the
third day. Certificates should be furnished on a weekly basis thereafter. Absence from
work on Friday and the following Monday also requires a doctor’s certificate. In the
event of persistent absences due to illness, we may require you to be examined by a
doctor appointed on our behalf. In any event, we reserve the right to have you medically
examined at any time during employment for the purposes of establishing your fitness to
work.
Sick Pay
The Company does not operate a sick pay scheme. The company therefore is not obliged
to pay you during any absence on grounds of illness, and in such event you should avail
of the appropriate Department of Social Welfare benefits. Where, at the Company’s
discretion you are paid, you will be required to return any social welfare benefits to the
company.
Termination
Notice of termination of employment by either you or the company will be
_______(mth/wk) or such further period as may be required by the Minimum Notice and
Terms of Employment Acts, 1973 & 2001. The company may if it so wishes pay salary
in lieu of notice and require that during such notice period you do not carry out any duties
or attend at the work place.
Pensions
Employees who have at least 6 months service in the Company can set up or contribute to
a PRSA through payroll deductions. The Company has appointed ___________ as PRSA
provider.
Dismissal Procedure
Where the Company is considering the termination of employment the employee
concerned will be advised of the reasons giving cause to consider this action and afforded
the opportunity to respond to such reasons, before any decision is made.
The employee will be advised prior to the meeting of the purpose of the meeting and, in
the case of disciplinary action, be allowed to have a work colleague/representation with
them if they so wish.
Employees have the right to appeal any decision of dismissal to _______(Manager)
further information is available in the Disciplinary Policy.
Confidentiality
All information not in the public domain acquired in course of your duties must be
treated as confidential both during and after termination of your employment. You are
required to sign the company’s standard confidentiality and conflict of interest
documentation. (NOTE this should accompany a contract of employment). See sample
Confidentiality Agreement in Section 10.
Exclusive Service
During your employment you must devote your time, attention and skills exclusively to
the business of the company and you must use your best endeavours to promote the
interests, business and welfare of the company. You will not, during the continuance of
your employment engage in other work or employment for any other party without the
prior written consent of the company. You must avoid outside business relationships, or
business dealings with any of the company’s customers/competitors.
Severability
In the event that any of these terms, conditions or provisions or any part thereof shall be
determined to be invalid and unlawful or unenforceable, such term, condition or
provision or any part thereof should be severed from the remaining terms, conditions and
provisions which shall continue to be valid to the full extent permitted by the law.
Law
Irish Law shall govern this agreement and disputes arising under or about it should be
subject to the exclusive jurisdiction of the Irish Courts.
Sample Terms of Employment
Terms of Employment (Information) Acts 1994 & 2001
The provisions of this letter and appendices shall constitute notice to you of your terms
and conditions of employment as are required to be given to you pursuant to the terms of
Employment (Information) Acts 1994 & 2001.
I enclose herewith staff handbook, which expands in detail the terms of your employment
and should be read in conjunction with the terms of this letter of offer. You should retain
this copy for future reference and note that it forms a part of the terms and conditions of
your employment.
Location
The company premises are at ______, where you shall be presently employed, however
you may be relocated in the future and you will be given notice prior to this occurring.
On your first day of employment with the company, you should report to ___________at
_________ am/pm at the above address.
I will be happy to go into more detail with you on the enclosed terms and conditions of
employment if you wish and if you have any queries, please do not hesitate to contact me.
Please acknowledge acceptance of this offer on the terms stated by signing and returning
the enclosed copy of this letter. This offer of employment will remain open until
______pm on ____________date.
Yours sincerely,
____________ __________________
Manager (on behalf of the Company) Employee
OPTIONAL TERMS
Additional information as set out below can be entered into the contract of
employment or entered into the Staff Handbook.
Overtime
The Company’s policy is to minimise the necessity for working overtime so far as
possible. Inevitably, however, situations do arise where it becomes essential. Every
effort will be made to give you as much advance notice as possible. The company
expects staff to work reasonable overtime as necessary. Overtime will be paid to
_________ staff from the normal finishing time provided the time worked exceeds 30
minutes in any one-day.
Attendance
You should be conscientious about your attendance and punctuality at work. You are part
of a team and getting the work done depends on everyone being in the right place at the
right time. Lack of punctuality or regular absences from work may give rise to
disciplinary action, including dismissal where considered appropriate by the Company –
where you are unable to attend work you must notify the Company within 1 hour of
normal starting time.
Appearance
You are expected to maintain standards of dress and appearances appropriate to the
environment in which you work.
Medical Cover
On taking up permanent employment with the company, the company will contribute
€____ per annum towards your membership with the Voluntary Health Insurance Board
(or alternative supplier).
Equal Opportunities Policy
The Company is an Equal Opportunity Employer. The aim of our policy is to ensure that
no job applicant or employee receives less favourable treatment nor should they be
disadvantaged by conditions or requirements which are neither justified nor relevant to
the job. Selection criteria and personnel procedures will be reviewed regularly to ensure
that individuals are recruited, promoted, trained and treated in all other ways purely on
the basis of merit and ability to do the job for which they have applied. Should any
employee believe that they are not being treated in this manner they should bring this to
the attention of the person nominated in the company Harassment policy.
Pension and Insurance Benefit Plan
On taking up permanent employment with the company you will be entitled to participate
in the Pensions and Insurance Benefit schemes. Please find enclosed information which
outlines the Pension Plan. You will be advised of further details when taking up
permanent employment.
Facilities
Lunch facilities are available for staff use in most locations. Tea/coffee/water machines
are located convenient to your working area. Your Supervisor will explain payment
arrangements for use of these facilities to you. Staff are permitted to make reasonable
use of the telephone for personal local calls. Long distance calls are not permitted.
Safety
There are established procedures and rules to ensure your safety in the case of emergency
such as fire. These are posted on each floor and should be read carefully. In addition to
the management’s responsibility for your safety, you too have a responsibility to cooperate
with the company; use any protective equipment supplied; report to the company
without reasonable delay any defects in equipment, place of work or system of work
which might affect your safety or welfare; not to intentionally or recklessly interfere with
or misuse anything provided for safety, health or welfare of other staff members or of
their work activities. First Aid facilities are available on the premises.
You should keep your work place tidy, not only for reasons of safety, but to ensure that
company documents are not left lying about.
Car Park
Use of the company’s car park is for authorised personnel only.
Business Travel
From time to time you may be required to travel on company business. While doing so
you are covered by an insurance policy taken out by the company providing benefit in the
case of death or serious accident.
If you are using your own car on company business you will be reimbursed on a per mile
basis. It is a requirement of the company that before using your own car on company
business you must have full comprehensive insurance cover including cover for business
purposes – this should be confirmed annually. Additionally the company must be
indemnified in respect of any third party claim. Prior approval from your manager is
required before using your car on company business.
Change in Personal Circumstances
Please advise the ____________ (department) promptly of any change in personal
circumstances e.g. address, telephone number, etc.
Notice of Termination
If you decide to leave the company prior to normal retirement the company requires prior
notice in writing. It is a term of your Contract of Employment that you give at least
_________(Mth/wk) written notice of your departure.
The company will give, subject to the other sections of the (handbook/contract)
________ (Mth/wk) notice unless statute requires otherwise. The company reserves the
right at all times to make a payment in lieu of notice and reserves the right to require you
not to carry out any duties or attend at the work place for the duration of the notice
period.
Retirement
The retirement age of the company is _ years. (the normal retirement age is 65). Details
of the Company’s Retirement Plan of which you are or will be a member are set out in a
separate handbook.
Password Protection
In the course of your work you will be required to password protect ___________
systems that you have access to. These passwords are for your personal use exclusively
and sharing them or allowing access to them to any other person is considered a serious
breach of office rules, which will result in disciplinary action up to and including
dismissal. However should any director ask you to disclose your password and you fail
to do so for whatever reason, this may result in disciplinary action being taken against
you.
Confidentiality
The confidential nature of your work requires that you never disclose any information
you may acquire about the affairs of the company or any of its customers. The records
and forms you work with are the property of the company and must not be shown or
given to outsiders without official approval. If you have any doubts about what
information this covers please consult your Manager.
Also any knowledge or suspicion of disloyalty, fraud or error or any concealed practice
against the interests of the company on the part of any person must be reported to your
Manager.
You should not involve yourself or assist any other person in the operation of a business
or carrying out of work that may be deemed to be in conflict with the business activities
of this company. If involved in work outside of working hours you must advise the
company of these activities so as to ensure no conflict of interest and compliance with the
provisions of the Organisation of Working time Act 1997.
Failure to comply with these requirements may result in disciplinary action.
Bereavements
Where the death of an immediate family member occurs the company permits a
maximum of three days permitted absence. (Immediate family includes parents, spouse,
children, brother or sister). The Company appreciates that every circumstance differs and
will always endeavour to accommodate staff members.
Sample Family Terms
Maternity
If you are expecting a baby you are entitled to paid (by Social Welfare) maternity leave
for a minimum period of twenty six weeks Of these twenty six weeks, two weeks must be
taken before the expected date of delivery and four weeks after. The remaining weeks
may be taken as you wish. You may apply to alter the commencement date provided the
application is for medical reasons and a certificate is produced from your Doctor.
In the event that you give birth later than expected, you can apply for additional leave
after the birth so as to ensure that you will have at least four weeks after the birth. In the
event that you give birth prematurely you are also entitled to minimum period of twenty
six weeks. You are required to advise the Company in writing four weeks before the
commencement of your maternity leave. A Doctor’s Certificate stating the expected date
of delivery and a note regarding your intentions regarding the return to work must also be
provided. You may also take a further sixteen weeks unpaid leave if you wish.
Notification must be given to the Company as soon as possible after the confinement, but
not less than four weeks before the planned date of return to work. Notice of additional
leave must be given to the Company in writing; at least four weeks before your maternity
leave is due to expire. Notification of four weeks notice in writing must be provided to
the company for the return to work of mothers on additional maternity leave. Full details
of the Maternity Protection Act 1994 & 2004 are available from ____________.
Adoptive Leave
If you have applied to adopt a child and you are an adopting mother or sole adopting
father, you are entitled to be paid (by Social Welfare) adoptive leave for a minimum
period of 24 weeks. Leave commences on the date of placement of the child. You are
required to advise the company in writing four weeks before the expected date of
placement of your intention to take adoptive leave and as soon as reasonably practical
thereafter to advise the Company in writing of the expected date of placement.
A copy of the Certificate of Placement must also be furnished to the Company no later
than four weeks after the date of placement. In the case of foreign adoption a copy
Declaration under Section (5)(1)(3)(ll) of the Adoption Act 1991 Declaration must be
supplied before the date of Placement. If placement is postponed the adoptive leave will
be postponed provided adequate notice is given to the company. You may also take a
further eight weeks-unpaid leave if you wish.
Notice of the additional leave must be given to the company of your planned date of
return to work at least four weeks in advance of the planned date of return to work. Full
details of the Adoptive Leave Act 1995 & 2005 are available from ___________.
Parental Leave
This act came into operation on 3rd December 1998 and is in addition to a mother’s right
to Maternity leave under the Maternity Protection Act (1994) and a father’s entitlement to
Paternity Leave under Flexible Working Options. Each parent who qualifies for
Statutory Parental Leave has a once off entitlement to 14 weeks unpaid leave for each
child covered by the Act.
Qualifying Conditions are that you must have one year’s continuous service. The
Statutory parental leave applies only to a child born on or after 3rd June 1996 (this may
change arising from an ECJ decision), or in the case of an adopted child where the
adoptions order was made on or after 3rd June 1996. Parental leave may only be taken up
to the time the child attains eight years of age or sixteen in the case of a child with a
disability. In certain adoption cases this age is extended where the child is more than
eight at the time of adoption, leave can be taken within two years of the adoption order.
The Parental Leave entitlement is not transferable between parents.
15
The leave can be for a continuous period of 14 weeks, or in separate blocks of a
minimum of six continuous weeks or more favourable terms with the agreement of the
employer or by working reduced hours to the limit of 14 weeks. If you are a parent with
two children of qualifying ages you can only have a 14 weeks leave in any 12 months
period. The only exception to this rule is for parents of multiple births; you can use all
the Parental Leave entitlement in one year. You are requested to give notification as early
as possible but not less than six weeks in advance to____________ of your intention to
take Parental Leave. You will be requested to furnish a copy of the child’s birth
certificate along with your application form for Parental Leave. And as far as reasonably
practical set out the duration and the manner in which it is proposed to take the leave.
You will, not less than 4 weeks prior to your commencement date, be given confirmation
of the leave by _____________.
If you have less than one year’s continuous employment and the child will be above the
age by which leave must be used then, provided that you have three months continuous
employment, you will then be entitled to one week for each month of continuous
employment.
You may also withdraw your notice to take Parental Leave prior to the “Confirmation
Document” being signed.
Prior to signing the Confirmation Document the company has the right to postpone the
granting of Parental Leave in the following circumstances:
– If the granting of it at a certain time would have a substantial adverse effect on the
operation of the business because of seasonal variations in the volume of work,
– The unavailability of a person to carry out the duties of an employee
– The nature of employees in the employment,
– The number of employees already availing of Parental Leave that falls within the
period specified in the application.
– Any other relevant matters.
You will be consulted prior to the postponing of Parental Leave. The Parental Leave can
be postponed for at most 6 months. At least 4 weeks before the intended commencement
date, you will be informed in writing of the postponement.
Normally only one postponement can occur although seasonal variations in the workload
may justify two postponements.
Leave will not be postponed once the “Confirmation Document” has been signed unless
both you and ___________(employer) are in agreement with the postponement.
Termination of the leave will occur, if the leave is not used for the sole purpose of taking
care of the child concerned. If it is established that parental leave is being abused, it will
be withdrawn by notice in writing setting out the reasons why the leave is being
terminated. You may also be subjected to a disciplinary process. If it is established that
you are not entitled to Parental Leave, it will be refused by means of a statement in
writing setting out the grounds for refusing to grant the leave.
While you are on Parental Leave, you shall retain all employment rights other than the
right to remuneration and pension benefits. Annual Leave entitlement will not be
adjusted in respect of Parental Leave, and you will retain the entitlement to Public
Holidays which fall during a period of the Parental Leave, such holidays can be added on
to the period of Parental Leave or take payment in lieu.
You shall also retain the right to return to work to the same position as previously held.
Where it is not reasonably practical to return to the job held prior to the commencement
of Parental Leave you will be offered suitable alternative employment which will not be
less favourable than your current contract of employment.
An employee that falls ill while on parental leave and as a result is unable to care for the
child may suspend the parental leave for the duration of the illness following which
period the parental leave commences. This, however, is based on the forwarding of
satisfactory medical evidence of the illness or condition to the employer.
Force Majeure Leave
This is under the Parental Leave Act. This provides for leave with pay for urgent family
reasons. This applies where illness or injury occurring to:
– A child or adopted child of the employee,
– The husband/wife/partner of the employee,
– Parent or grandparent of the employee,
– Brother or sister of the employee,
– Person to whom the employee has a duty of care (that is, he/she is acting in loco
parentis),
– A person in a relationship of domestic dependency with the employee, including a
same-sex partner,
– Persons of any other class (if any) as may be prescribed.
And this requires the immediate and indispensable presence of you whether at home or
elsewhere.
Force Majeure Leave cannot exceed 3 days in any period of 12 consecutive months or 5
days in any period of 36 consecutive months.
Part day absences on Force Majeure Leave are regarded as one day for the purposes of
the maximum number of days one can take.
Should you decide to take Force Majeure Leave you must complete the Company “Force
Majeure Leave” form immediately on your return to work confirming that he/she has
taken such leave and the reason for it.
Doctors/Dentist/Hospital Appointments
Staff should, if at all possible, make appointments outside of normal working hours. In
cases of emergency only _____________ may permit time off for the above purposes.
Examination/Study Leave
Depending on the course of study the company will consider applications for leave of this
nature on a case by case basis.
Problems
You will find a variety of resources and procedures to help you solve work related or
personal problems. Your supervisor will be at hand to help overcome any problems that
you may have. If you feel you are unable to speak with your supervisor you can speak
with ____________ (manager). All matters will be dealt with in strictest confidence.
Sample Disclipinary Rules
Disciplinary Rules and Disciplinary Procedure
Infringement of a term of this Contract, or of established Company rules, can lead –
depending on the gravity of the breach – to disciplinary action being taken by the
Company. Where the Company is considering disciplinary action, the employee will be
advised in advance of the nature of the meeting, given every opportunity to respond to
any charges being made and may be accompanied by a work colleague/representative at
any disciplinary meeting.
Should a matter warrant investigation, the employee may be suspended – with pay –
pending the outcome of the investigation.
Should it be necessary for the Company to take disciplinary action against an employee,
in normal circumstances the following stages will be applied:-
Stage One Warning;
This initial step is a discussion between the employee concerned and their Manager. The
employee will be informed of the area of their job performance, personal conduct,
attendance, or other work-related activity, that is below standard and they will be advised
of the action required to correct the fault. The Manager will inform the employee
concerned that this is an Official Warning, a written confirmation of which will be
retained on their Personnel File and will remain effective for a period of 6 months.
Stage Two – 1st Written Warning;
If it is necessary to take further disciplinary action within the effective period of the date
of issue of the Verbal Warning, the employee concerned will be informed of same and an
Official First Written Warning will be issued to them by the Manager – a copy of which
will be placed on their Personnel File. This warning will remain effective for a period of
1 year.
Stage Three – Final Written Warning;
If it is necessary to take further disciplinary action, within the effective period of the
previous warning the employee concerned will be informed of the gravity of the matter
and will be issued with a Final Written Warning by the Manager – a copy of which will
be placed on the employee’s Personnel File. This warning will remain effective for a
period of 1 year. Where deemed necessary the employee may be transferred to another
task or area.
Stage Four – Dismissal.
If it is necessary to take any further disciplinary action, within the effective period of the
previous warning the employee concerned, having been informed of the situation, may be
dismissed from the Company.
Generally, the steps in this procedure are progressive. However, the Company reserves
the right to use any Stage in this procedure, or omit any Stage in this procedure should
the misconduct be serious enough to justify same.
Appeal Process
Employees have the right to appeal any decisions made by the Company at any stage of
the disciplinary process outlined above. This appeal should be in writing within 7 days of
the disciplinary sanction and must be made to the Director of the Company outlining the
reasons for the appeal. The Director considers the reasons for the appeal, will make the
final decision as to whether the appeal is upheld and the employee will be notified in
writing of this decision. In the event that the Director has been involved in the decision
making, another senior member in the Company or an independent third party will hear
the appeal. The person reviewing the appeal will issue a decision on the appeal within
two weeks.
Where an employee is involved in Gross Misconduct, the Company may determine that
the employee should be dismissed without reference to any of the Stages of the
Disciplinary Procedure. Before such a determination, however, the Company will have
conducted a full investigation into the matter and the employee may be suspended – with
pay – pending the conclusion of such an investigation. Acts of Gross Misconduct are
construed as being deliberate acts by you or the negligent failure by you to act, to the
detriment of the Company.
Examples of Gross Misconduct are as follows:-
• Gross Incompetence/Negligence;
• Physical violence or threatening behaviour;
• Deliberate failure to carry out instructions;
• Deliberate misrepresentation;
• Bullying / Intimidation / Harassment / Discrimination;
• Deliberate damage to Company property;
• Falsifying Company documentation;
• Deliberately poor work performance;
• Sexual Harassment;
• Consuming or being under the influence of alcohol, drugs, or other abusive
substances whilst at work;
• Sleeping whilst on duty;
• The taking of Company property without authorisation;
• Willful/deliberate absence from duty;
• Breach of confidentiality
• Flagrant/Deliberate disregard of Safety/Health/Hygiene precautions/procedures
likely to endanger any person.
(This list is not exhaustive)
Grievance Procedure
Employee grievances should be first brought to the attention of the employee’s Manager.
If it is inappropriate to discuss the issue of concern with that person, the matter may be
discussed directly with the next senior Manager. A work colleague may accompany the
employee during a grievance hearing if desired.
A report of the discussion will be issued to all present. The Manager hearing the
complaint has a responsibility to attempt to resolve the issue within 48 hours.
Should the matter remain unresolved or the response is not adequate, the issue will be
forwarded to the next senior Manager.
Should the matter remain unresolved or the response is not adequate, the issue will be
forwarded to the Company Director.
Failure to resolve the issue at this stage leads to a meeting between the Company and
their Representatives, and the employee and their Representative. The Director will
make the final decision on grievances which are not resolved to the satisfaction of the
employee.
A decision by the Director may be appealed to a Rights’ Commissioner, Employment
Appeals Tribunal or the Labour Court as appropriate.
Any instructions that may be issued which give cause for query/grievance should be
carried out – albeit under protest – pending the matter being dealt with through the
grievance procedure.
No Industrial Action of any kind should be taken by any member of staff until the
Grievance Procedure has been fully completed, a recommendation has been issued and
then only after two weeks’ notice in writing.
Should a grievance arise from any form of harassment or intimidation, the employee has
a duty to inform his/her Manager. Grievances of this nature will be dealt with as per the
Company Bullying and Harassment policy and procedure.
Sample Electronic Data Terms
Company electronic equipment are critical assets that are intended for business use.
Electronic files and communications created, stored, sent or received through company
systems/equipment belong to the company.
System users are expected to be responsible, considerate and ethical in using company
systems, to protect valuable company information and to exercise prudent judgement.
Misuse of company systems may result in restriction or termination of access privileges
and other disciplinary action, up to and including termination.
Monitoring
No system user can have any expectation of privacy as to the contents of any documents
produced on Company equipment, e-mail communications, the nature of the system
user’s Internet usage or any other use by any individual of company systems. The
Company has the right, but not the duty, to intercept, divert, discard, access or review the
contents of any e-mail or voice mail message, electronic communications or files, or any
other information created on, transmitted over or stored in Company or service provider
systems, whether incoming or outbound, and whether at the time of transit or afterward.
The Company reserves the absolute right to conduct reviews of computer use.
The Company may specifically monitor sites visited by system users on the Internet, chat
rooms and news groups, as well as material downloaded or loaded from or to the Internet.
The company reserves the right to disclose to persons outside of the company or
otherwise to use the contents of e-mail and other electronic communications of system
users for any of the foregoing purposes, as well as to comply with or assist law
enforcement officials or legal authorities.
Encryption may be employed by system users only if authorised by the company. The
type of encryption software used by system users must also be approved by the company.
Lay-off/short-time working
The company reserves the right to lay you off or reduce your working hours where,
through circumstances beyond its control, it is unable to maintain you in employment.
You will receive as much notice as is reasonably possible prior to such action. You will
not be paid during the lay-off period. You will be paid for hours actually worked during
periods of short-time working.
Data Protection
As part of your terms and conditions of employment, you give the company permission
to collect, retain and process information about you. This information will be relevant to
your employment in the company and will be used so that we can monitor our
compliance with the law and best practice in terms of equal opportunity and nondiscrimination.
The information that we hold will be checked with you from time to time
to ensure that it remains up-to-date.
Electronic /Telephone Communication
Employees are given access to the use of the internet, telephones and other equipment to
enable them to carry out the business of the company and not for personal use.
Employees are advised that such equipment is monitored on an ongoing basis to ensure
that they are not being abused or used for a purpose that would be detrimental to the
business, customers or work colleagues. Employees using such equipment accept that the
facilities will be monitored by the company as deemed necessary and that unauthorised
use will result in disciplinary action being taken including termination of employment.
Employees are advised to familiarise themselves with the company policy which is
attached to this document. (See sample policy p.25)
Electronic /Telephone Communication Policy
Where appropriate to your job needs, employees may be given access to the Intranet
and/or Internet. For those who do not have daily PC access, occasional access will be
arranged, as necessary, by management.
All PC access will be through passwords, and no individual is permitted onto the system
using another employee’s password. Employees are not permitted to share their password
with anyone inside or outside the company. Individuals will be allowed to set their own
passwords, and must change them as frequently as requested by the system set-up
requirements.
Internet
The internet is a valuable business tool which gives access to an array of information. In
order to prevent it becoming a time-consuming distraction from business activities,
employees are not permitted to use it except for business related reasons during working
hours. Access to appropriate sites for business purposes is not restricted and managers
must define what are business related requirements for specific employees, to make sure
there is clarity in relation to what they are permitted to access. Access to any
inappropriate, pornographic or obscene sites, or sites with the risk of such material, is
prohibited at all times.
No employee is permitted at any time to download files from the Internet without the
permission of the IT department. This is to protect the company business systems, reduce
the risk of viruses and ensure that large amounts of storage space are not taken up with
unnecessary files.
Outside of working hours, occasional access may be permitted. Prior permission should
be sought from a manager, who will monitor the level of activity. As Internet access is
expensive, employees are required to restrict the time which they spend on it.
Harassment
The company has provided access to the Internet for business purposes. The practice of
downloading text, pictures, jokes, etc, from the Internet and distributing them via e-mail
to other employees or persons outside the Company, is prohibited. The content of these
downloads may be found offensive by certain employees or others and could be regarded
as harassment or bullying. As such they will result in disciplinary action on the offending
employee and risk possible prosecution under the Employment Equality Act 1998.
Accessing or storing any form of electronic file, record or communication which could be
deemed to harass or discriminate based on age, gender, race, religion, disability, marital
status, family status, sexual orientation or membership of the travelling community is
totally unacceptable, and will be subject to the disciplinary process.
Virus Protection
The company has virus protection software installed on all company hardware but there
is still a high risk of viruses being received from external electronic communications, in
particular from unknown sources. All files entering the company via the Internet must be
virus checked prior to their transfer for use to any company machine. This includes all email
attachments. If you receive an external e-mail from an unknown source or a
message which you feel is wrongly delivered, do not open it and contact a member of the
Helpdesk or I.T. Department immediately.
Email and Contents
The primary purpose of the company’s e-mail system is to promote effective
communication on business matters and this should not be abused. In order to prevent a
loss of productivity, personal e-mails must be kept to a minimum and only accessed
outside of working hours.
While e-mail is a fast and efficient method of business communication, employees must
not overlook the fact that it has the same legal effect as written communications. Due to
the permanent nature of e-mails and the legal implications to both the company and
employees, messages should be written and formatted in the same manner as standard
written company communications. The wording, tone and language should be concise
and carefully prepared by employees in order to avoid ambiguity, inaccuracy, claims of
defamation, breach of confidentiality and the possibility of offending anyone.
Telephone
Telephones are to be used for Company business only. The company recognises that from
time to time an occasional personal call may have to be made. However, excessive use of
the company telephones for non-business use is not permitted.
Monitoring
Managers are authorised to monitor and record the activities of all users on the system. It
is our objective that such monitoring will be required on an on-going basis, and will be
occasionally used to audit practices. However, the company retains the right to monitor
each individual’s e-mail, internet and PC activity to ensure the protection of all
employees and that there is no abuse of privilege.
Abuse and Disciplinary Procedure
Any employee found to be abusing the company electronic communication system,
including e-mail and internet use, or not operating in line with this policy, will be subject
to the company disciplinary action up to and including dismissal.
Notification of changes in the employees Terms of Employment
The employee will be notified in writing no later than one month of any change in their
terms of employment. This written notification will include the nature and date of the
change. This written notification does not apply if the change is as a result of a change in
legislation.
Security
The company reserves the right to search any employee, their property and vehicles and
lockers at any time whilst they are at, coming to or leaving work whether it be on the
company premises or elsewhere. Refusal to comply with a search request may be deemed
serious misconduct.
Sample Health and Safety Terms
Health and Safety
Employees are reminded that they have a statutory duty to observe all Health and Safety
rules and take all reasonable care to promote the Health and Safety at work of themselves
and their fellow employees. Willful breaches of the Health and Safety policy will be
dealt with through the disciplinary procedure.
Bullying and Harassment Policy
It is the policy of the company that the work environment gives all employees the
freedom to do their work without having to suffer bullying, intimidation, harassment or
sexual harassment. The Company is committed to supporting the rights of all its
employees to be treated with dignity and respect.
In order to promote this policy, training in this area will be provided during induction.
All personnel must accept that this form of discrimination creates an intimidating and
threatening work environment, which can:
• Affect the integrity of people at work
• Adversely affect job performance
• Make the recipients fearful of gong to work
• Cause recipients to leave their employment
• Seriously affect recipients health by causing depression, stress and loss of self
esteem
This policy extends to bullying, intimidation, harassment and sexual harassment by
employers, employees, and non-employees such as contractors, customers, etc.
All personnel should be aware that bullying, intimidation, harassment or sexual
harassment is unacceptable and will be considered to be Gross Misconduct. All
personnel are therefore encouraged to be vigilant to prevent this type of conduct, and are
required to comply with this policy.
Management Responsibility
All management personnel are required to commit to this policy, to implement the policy
and to set an example of appropriate standards of behaviour by treating all in the
workplace with courtesy and respect, promote awareness of the Company’s policy and
complaints procedure, be vigilant for signs of harassment and take action before a
problem escalates, ensure that an employee making a complaint is not victimised for
doing so monitor and follow up on the situation after a complaint is made so that the
harassment or sexual harassment does not recur.
Please be assured that all complaints will be treated seriously, and will be attended to
immediately. The complaint will be treated confidentially, as far as possible, with due
sensitivity, and will be discussed with the complainant in private. The complainant is
assured that the complaint will be fully investigated by the Company.
At no time will the Company tolerate any victimisation of a complainant or a witness,
and will view any such attempts as Gross Misconduct.
If, following investigation, the complaint of discrimination is substantiated or otherwise
considered well founded, the Company designated investigator will endeavour to arrange
a satisfactory resolution of the complaint.
Employees who believe they are being subjected to bullying, intimidation harassment or
sexual harassment should report the problem as early as possible to their immediate
Supervisor. If for any reason this is not appropriate, the complaint may be made to the
Managing Director.
Harassment occurs where conduct related to any of the nine discriminatory grounds
(sex, age, disability, membership of the travelling community, family status, marital
status, sexual orientation, race and religion) that is unwelcome and has the purpose or
effect of violating a person’s dignity and creating an intimidating, hostile, degrading,
humiliating or offensive environment for the person.
Bullying is defined as: repeated inappropriate behavior, direct or indirect, whether
verbal, physical or otherwise, conducted by one or more persons against another or
others, at the place of work and/or in the course of employment, which could reasonably
be regarded as undermining the individual’s right to dignity at work. An isolated incident
of the behavior described in this definition may be an affront to dignity at work but, as a
once off incident, is not considered to be bullying.
Examples of some forms of bullying, intimidation, harassment.
• Any aggressive behaviour by a Manager, Colleague, Employee
• Any repeated verbal harassment
• Any physical harassment
• Any personal insults and name calling
• Persistent criticism
• Persistent “picking” on a person for the butt of a joke, horseplay,
uncomplimentary remarks or other behaviour likely to cause offence.
• The maligning or ridiculing of a person directly to others by rumour, gossip,
ridicule and / or innuendo
• Unfair delegation of duties and responsibilities
• Intimidation and threats in general
• Social exclusion or isolation
• Manipulating the nature of the work or the ability of the victim to perform the
work for example by withholding information or setting meaningless tasks.
Examples of Sexual Harassment
• Any unwelcome verbal advance
• Any unwanted pressure for social contact
• Sexually derogatory statements
• The display of sexually suggestive or degrading objects, pictures or calendars in
the workplace
• Sexually discriminatory remarks, or innuendo, or jokes made by someone that is
offensive or objectionable to the recipient, or which causes the recipient
discomfort, humiliation, or which interferes with their job performance.
• Any unwelcome physical advance, which includes:-
• Unnecessary touching, groping, pinching, patting, fondling, or kissing
• Sexually aggressive or derogatory remarks
• Leering at a person’s body
• Compromising invitations
• Unwelcome sexual advances
• Demands for sexual favours
• Sexual assault or rape (where civil/criminal proceedings may also be appropriate)
Sexual Harassment is defined as “Unwanted” conduct of a sexual nature or other conduct
based on sex affecting the dignity of men and women at work.
It is the unwanted and unwelcome nature of sexual harassment, which distinguishes it
from behaviour which is welcome and reciprocal. A single incident of sufficiently
outrageous behaviour will suffice – it does not necessarily have to be repeated. It should
also be noted that it is the impact of the conduct on the recipient and not the intent of the
perpetrator that determines whether the behaviour is acceptable.
Bullying, intimidation, harassment and sexual harassment may occur outside the
workplace e.g. at a Company Meeting, or Christmas Party, whilst attending a conference
on behalf of the Company. (The degree of control available to the Employer in the
particular circumstances would be a relevant factor.)
Company Procedure
What should you do if you are being bullied, intimidated, harassed or sexually harassed?
It is up to the employee to decide what behaviour is unwelcome irrespective of the
attitude of others to the matter.
• Keep a record of individual incidents as they occur
• Make the harasser aware that the behaviour is unwelcome and offensive. You
may request another Manager to be present while you discuss the issue with the
harasser. This will be an informal meeting with a view to reaching an immediate
resolution. Any failure to reach a resolution at this stage will require a formal
complaint from the employee and will be dealt with as outlined below.
• If it is too difficult or intimidating to approach the harasser yourself, the approach
could be made on your behalf by a Manager or a Company Director. A formal
complaint is not required at this stage.
A formal complaints procedure is in place for a situation where:
• the problem could not be resolved informally
• the problem continues despite the harasser being made aware of the problem
either directly by the employee or via the informal process
• the alleged harassment or sexual harassment is too serious to be dealt with under
the informal procedure
• the harassment continues after the informal procedure has been followed.
A formal complaint may be lodged by the employee or his/her Manager. The complaint
must be in writing and received no later then 3 weeks after the last incident took place.
The Manager will advise the alleged harasser of the complaint both verbally and in
writing within 24 hours of receipt of the complaint.
The complainant and the alleged harasser will be informed of:
• how the complaints procedure is operated
• any relevant time limits
• their right to be accompanied by a representative at any meeting relating to the
allegation
• that the complaint must be in writing
• the alleged harasser’s right to receive details of the complaint in writing
• the right to appeal any decision made by the investigation team to the
Employment Appeals Tribunal or Rights Commissioner.
The alleged harasser will be given 72 hours to consider the complaint and any
documentation provided in relation to the complaint, at which point he/she will be given
an opportunity to respond to the allegation.
If the allegation is denied, the Manager will conduct a full investigation of the incident,
including interviews with witnesses. The Manager may request a Senior Director to
assist in the investigation depending on the nature and severity of the complaint.
The investigating team will issue a written report outlining its findings and reasons for its
final decision.
Where the complaint is upheld against an employee, the report will recommend whether
the Company Disciplinary Procedure should be invoked.
Where the complaint is upheld against a non-employee the report will recommend
appropriate sanctions against the non-employee or his/her employer which could extend
where appropriate in the circumstances to:
• exclusion of the individual from premises
• suspension or termination of service
• suspension or termination of a supply service or other contract.
Those conducting the investigation will not be connected to the allegation in any way and
will not be involved in any appeal hearings. The Company will endeavor to conclude the
investigation within four weeks where possible. Records will be held of the complaint,
meetings, interviews, etc.
Disciplinary Action
On receipt of a formal complaint a full investigation will be conducted as per the
company’s disciplinary procedures. Disciplinary action may involve dismissal,
suspension, or relocation of the bully / harasser together with an apology from the
harasser for his/her conduct to the complainant – if the complainant so wishes. The
complainant will not be relocated except at this/her own request. Records will be held as
per the Company Disciplinary Procedure.
Details of any action taken will be entered on the harasser’s Personnel File and
appropriate records of the complaint and the resolution of the same will be maintained.
Disciplinary action will also be taken against any person found to be victimising or
otherwise bullying or harassing a complainant or a witness to harassment, with
appropriate records placed on that person’s Personnel File.
Any company member requiring information or advice on this policy should contact their
Manager.