Specifying Terms
Terms of Employment (Information) Acts
…
Interpretation.
1.—(1) In this Act—
“the Act of 1973” means the Minimum Notice and Terms of Employment Act, 1973;
F1[“Commission” means the Workplace Relations Commission;]
F2[“contract of employment” means—
(a) a contract of service or apprenticeship, or
(b) any other contract whereby —
(i) an individual agrees with another person personally to execute any work or service for that person, or
(ii) an individual agrees with a person carrying on the business of an employment agency within the meaning of the Employment Agency Act 1971 to do or perform personally any work or service for another person (whether or not the other person is a party to the contract),
whether the contract is express or implied and, if express, whether oral or written;]
“the Council Directive” means Council Directive No. 91/533/EEC of 14 October, 1991(1);
“employee” means a person who has entered into or works under (or, where the employment has ceased, entered into or worked under) a contract of employment and references, in relation to an employer, to an employee shall be construed as references to an employee employed by that employer; and for the purposes of this Act, a person holding office under, or in the service of, the State (including a member of the Garda Síochána or the Defence Forces) or otherwise as a civil servant, within the meaning of the Civil Service Regulation Act, 1956, shall be deemed to be an employee employed by the State or Government, as the case may be, and an officer or servant of a local authority for the purposes of the F3[Local Government Act 2001 (as amended by the Local Government Reform Act 2014)], a harbour authority, a health board or F4[an education and training board] shall be deemed to be an employee employed by the authority F4[or board], as the case may be;
“employer”, in relation to an employee, means the person with whom the employee has entered into or for whom the employee works under (or, where the employment has ceased, entered into or worked under) a contract of employment subject to the qualification that the person who under a contract of employment referred to in paragraph (b) of the definition of “contract of employment” is liable to pay the wages of the individual concerned in respect of the work or service concerned shall be deemed to be the individual’s employer;
F5[“employment regulation order” means an employment regulation order within the meaning of Part IV of the Industrial Relations Act 1946;]
“the Minister” means the Minister for Enterprise and Employment;
F5[“registered employment agreement” means a registered employment agreement within the meaning of Part III of the Industrial Relations Act 1946.]
F2[“seafarer” has the same meaning as it has in the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, implemented by Council Directive 2009/13/EC of 16 February 20092;
“sea fisherman” has the same meaning that “fisherman” has in the Agreement concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organisation, concluded on 21 May 2012 between the General Confederation of Agricultural Cooperatives in the European Union (Cogeca), the European Transport Workers’ Federation (ETF) and the Association of National Organisations of Fishing Enterprises in the European Union (Europêche) implemented by Council Directive (EU) 2017/159 of 19 December 20163;]
“the Tribunal” means the Employment Appeals Tribunal.
(2) A word or expression that is used in this Act and is also used in the Council Directive has, unless the contrary intention appears, the meaning in this Act that it has in the Council Directive.
F6[(2A) A word or expression that is used in section 2, 3, 3A, 4, 5, 5A or 6D to 6I that is also used in Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 20194 on transparent and predictable working conditions in the European Union has, unless the contrary intention appears, the same meaning in those sections that it has in that Directive.]
(3) In this Act—
(a) a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act,
(b) a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended,
(c) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.
Annotations
Amendments:
F1
Inserted (4.03.2019) by Employment (Miscellaneous Provisions) Act 2018 (38/2018), s. 5, S.I. No. 69 of 2019.
F2
Substituted and inserted (16.12.2022) by European Union (Transparent and Predictable Working Conditions) Regulations 2022, S.I. No. 686 of 2022, reg. 3(a).
F3
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(3) and sch. 2 part 6, S.I. No. 214 of 2014.
F4
Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72 and sch. 6 item 15, S.I. No. 211 of 2013.
F5
Inserted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 18(a), S.I. No. 302 of 2012.
F6
Inserted (16.12.2022) by European Union (Transparent and Predictable Working Conditions) Regulations 2022, S.I. No. 686 of 2022, reg. 3(b).
Modifications (not altering text):
C8
Prospective affecting provision: functions transferred and Employment Appeals Tribunal construed by Workplace Relations Act 2015 (16/2015), s. 66, not commenced as of date of revision.
Transfer of functions from Employment Appeals Tribunal
66. (1) (a) All functions that, immediately before the dissolution day, were vested in the Employment Appeals Tribunal are transferred to the Commission in so far as they relate to any claim for redress, dispute or complaint determined by the Employment Appeals Tribunal under an employment enactment before that day.
(b) All functions that, immediately before the dissolution day, were vested in the Employment Appeals Tribunal are transferred to the Labour Court in so far as they relate to appeals determined by the Employment Appeals Tribunal under an employment enactment before that day.
(2) (a) References in any enactment or instrument under an enactment to the Employment Appeals Tribunal in so far as they relate to a function transferred by paragraph (a) of subsection (1) shall be construed as references to the Commission.
(b) References in any enactment or instrument under an enactment to the Employment Appeals Tribunal in so far as they relate to a function transferred by paragraph (b) of subsection (1) shall be construed as references to the Labour Court.
(3) This section shall come into operation on the dissolution day.
C9
Functions under collectively cited Terms of Employment (Information) Acts transferred and references construed (14.10.2020) by Employment Affairs and Employment Law (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 438 of 2020), arts. 2, 3(1)(a), (2) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.
2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Business, Enterprise and Innovation.
(2) References to the Department of Employment Affairs and Social Protection contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Business, Enterprise and Innovation.
3. (1) The functions vested in the Minister for Employment Affairs and Social Protection –
(a) by or under the Acts specified in Part 1 of the Schedule and the provisions of the Acts specified in Part 2 of the Schedule, and
…
are transferred to the Minister for Business, Enterprise and Innovation.
…
(2) References to the Minister for Employment Affairs and Social Protection contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Business, Enterprise and Innovation.
SCHEDULE 1
PART 1
ACTS OF THE OIREACHTAS
…
Editorial Notes:
E4
Previous affecting provision: definition of “contract of employment” substituted (16.05.2012) by Protection of Employees (Temporary Agency Work) Act 2012 (13/2012), s. 10(1); substituted as per F-note above.
(1) O.J. No. L 288, 18.10.91, p. 32.
2 OJ No. L 124, 20.5.2009, p. 30.
3 OJ No. L 25, 31.1.2017, p. 12.
4 OJ No. L 186, 11.7.2019, p. 105.
Exclusions.
2.—F8[(1) This Act, other than section 3(1A), shall not apply to employment in which the employee has been in the continuous service of the employer for less than F7[4 consecutive weeks].]
(2) Where the exclusion of a class or classes of employment from any provision of this Act is justified by objective considerations, the Minister may, after consultation with representatives of employers and of employees within that class or classes of employment, by order declare that that provision shall not apply to that class or those classes of employment and this Act shall have effect in accordance with the provisions of any such order for the time being in force.
(3) The First Schedule to the Act of 1973 shall apply for the purpose of ascertaining for the purposes of this Act the period of service of an employee and whether that service has been continuous with the following modifications and with any other necessary modifications—
F7[(a) subject to subsection (3A), the reference to 21 hours shall be construed as a reference to 3 hours,]
(b) the references to an employee shall be construed as references to an employee within the meaning of this Act.
F7[(3A)For the purposes of paragraph (a) of subsection (3), time worked with all employers forming or belonging to the same enterprise, group or entity shall count towards the period of 3 hours referenced in that paragraph.]
(4) The Minister may by order amend or revoke an order under this section, including an order under this subsection.
F7[(5) Subsection (1) shall not apply to employment where no guaranteed amount of work that is remunerated is predetermined before the employment starts.]
Annotations
Amendments:
F7
Substituted and inserted (16.12.2022) by European Union (Transparent and Predictable Working Conditions) Regulations 2022, S.I. No. 686 of 2022, reg. 4(a)-(d).
F8
Substituted (4.03.2019) by Employment (Miscellaneous Provisions) Act 2018 (38/2018), s. 6, S.I. No. 69 of 2019.
Modifications (not altering text):
C10
The limitation on the application of this Act imposed by subss. (1)(a) and (3)(a) is restricted (20.12.2001) by Protection of Employees (Part-Time Work) Act 2001 (45/2001), s. 8, S.I. No. 636 of 2001.
Application of relevant enactments.
8.—Each relevant enactment shall apply to a part-time employee in the same manner, and subject to the like exceptions not inconsistent with this section, as it applies, other than by virtue of this Act, to an employee to whom that enactment relates.
Written statement of terms of employment.
3.—(1) An employer shall, not later than F9[one month] after the commencement of an employee’s employment with the employer, give or cause to be given to the employee a statement in writing containing the following particulars of the terms of the employee’s employment, that is to say—
(a) F13[…]
(b) F13[…]
(c) F10[…]
(d) F10[…]
(e) F10[…]
(f) F13[…]
F14[(fa) a reference to any registered employment agreement or employment regulation order which applies to the employee and confirmation of where the employee may obtain a copy of such agreement or order,]
F15[(g) F13[…]
(ga) that the employee may, under section 23 of the National Minimum Wage Act, 2000, request from the employer a written statement of the employee’s average hourly rate of pay for any pay reference period as provided in that section,]
(h) the length of the intervals between the times at which remuneration is paid, whether a week, a month or any other interval,
(i) F10[…]
(j) any terms or conditions relating to paid leave (other than paid sick leave),
(k) any terms or conditions relating to—
(i) incapacity for work due to sickness or injury and paid sick leave, and
(ii) pensions and pension schemes,
(l) the period of notice which the employee is required to give and entitled to receive (whether by or under statute or under the terms of the employee’s contract of employment) to determine the employee’s contract of employment or, where this cannot be indicated when the information is given, the method for determining such periods of notice,
(m) a reference to any collective agreements which directly affect the terms and conditions of the employee’s employment including, where the employer is not a party to such agreements, particulars of the bodies or institutions by whom they F9[were made,]
F11[(n) the training entitlement, if any, provided by the employer,
(o) in the case of a temporary contract of employment, the identity of the user undertakings (within the meaning of Directive 2008/104/EC of the European Parliament and of the Council of 19 November 20085 on temporary agency work), when and as soon as known, and
(p) if the work pattern of an employee is entirely or mostly unpredictable, the statement shall inform the employee of —
(i) the principle that the work schedule is variable, the number of guaranteed paid hours and the remuneration for work performed in addition to those guaranteed hours,
(ii) the reference hours and days within which the employee may be required to work, and
(iii) the minimum notice period to which the employee is entitled to before the start of a work assignment and, where applicable, the deadline for notification in accordance with section 17 of the Organisation of Working Time Act 1997, and
(q) where it is the responsibility of the employer, the identity of the social security institutions receiving the social insurance contributions attached to the contract of employment and any protection relating to social security provided by the employer.]
F16[(1A) Without prejudice to subsection (1), an employer shall, not later than 5 days after the commencement of an employee’s employment with the employer, give or cause to be given to the employee a statement in writing containing the following particulars of the terms of the employee’s employment, that is to say:
(a) the full names of the employer and the employee;
(b) the address of the employer in the State or, where appropriate, the address of the principal place of the relevant business of the employer in the State or the registered office (within the meaning of the Companies Act 2014);
(c) in the case of a temporary contract of employment, the expected duration thereof or, if the contract of employment is for a fixed term, the date on which the contract expires;
F9[(d) the remuneration, including the initial basic amount, any other component elements, if applicable, indicated separately, the frequency and method of payment of the remuneration to which the employee is entitled and the pay reference period for the purposes of the National Minimum Wage Act 2000;]]
(e) the number of hours which the employer reasonably expects the employee to work—
(i) per normal working day, and
(ii) per normal working F12[week;]
F12[(f) where sections 4B to 4E (in so far as they are in operation) of the Payment of Wages Act 1991 apply to the employer, the employer’s policy on the manner in which tips or gratuities and mandatory charges (within the meaning of section 1 of that Act) F9[are treated,]]
F11[(g) the place of work or, where there is no fixed or main place of work, a statement specifying that the employee is employed at various places or is free to determine his or her place of work or to work at various places;
(h) either—
(i) the title, grade, nature or category of work for which the employee is employed, or
(ii) a brief specification or description of the work;
(i) the date of commencement of the employee’s contract of employment;
(j) any terms or conditions relating to hours of work (including overtime);
(k) where a probationary period applies, its duration and conditions.]
F16[(1B) Where a statement under subsection (1A) contains an error or omission, the statement shall be regarded as complying with the provisions of that subsection if it is shown that the error or omission was made by way of a clerical mistake or was otherwise made accidentally and in good faith.]
F17[(2) Each statement referred to in subsection (1) and (1A) shall be given to an employee notwithstanding that the employee’s employment ends before the end of the period within which the statement is required to be given.]
(3) The particulars specified in F9[paragraphs (d), (j) and (k) of subsection (1A) or paragraphs (h), (j), (k), (l), (n) and (q) of subsection (1)], may be given to the employee in the form of a reference to provisions of statutes or instruments made under statute or of any other laws or of any administrative provisions or collective agreements, governing those particulars which the employee has reasonable opportunities of reading during the course of the employee’s employment or which are reasonably accessible to the employee in some other way.
(4) A statement furnished by an employer under F17[subsection (1) or (1A)] shall be signed and dated by or on behalf of the employer.
(5) A copy of F17[a statement furnished under this section] shall be retained by the employer during the period of the employee’s employment and for a period of 1 year thereafter.
(6) (a) The Minister may by order require employers to give or cause to be given to employees within a specified time a statement in writing containing such particulars of the terms of their employment (other than those referred to in F17[subsection (1) or (1A)]) as may be specified in the order and employers shall comply with the provisions of such an order.
(b) The Minister may by order amend or revoke an order under this subsection, including an order under this paragraph.
(7) This section (other than subsection (6)) shall not apply or have effect as respects contracts of employment entered into before the commencement of this Act.
F11[(8) Paragraphs (p) and (q) of subsection (1) shall not apply to seafarers or sea fishermen.]
Annotations
Amendments:
F9
Substituted (16.12.2022) by European Union (Transparent and Predictable Working Conditions) Regulations 2022, S.I. No. 686 of 2022, reg. 5(a)(i), (iii), (b)(i), (ii), (c).
F10
Deleted (16.12.2022) by European Union (Transparent and Predictable Working Conditions) Regulations 2022, S.I. No. 686 of 2022, reg. 5(a)(ii).
F11
Inserted (16.12.2022) by European Union (Transparent and Predictable Working Conditions) Regulations 2022, S.I. No. 686 of 2022, reg. 5(a)(iv), (b)(iii), (d).
F12
Substituted and inserted (27.10.2022) by Payment of Wages (Amendment)(Tips and Gratuities) Act 2022 (23/2022), s. 5(a), (b), S.I. No. 543 of 2022.
F13
Repealed (4.03.2019) by Employment (Miscellaneous Provisions) Act 2018 (38/2018), s. 3(a), S.I. No. 69 of 2019.
F14
Inserted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 18(b), S.I. No. 302 of 2012.
F15
Substituted (1.04.2000) by National Minimum Wage Act 2000 (5/2000), s. 44, S.I. No. 96 of 2000.
F16
Inserted (4.03.2019) by Employment (Miscellaneous Provisions) Act 2018 (38/2018), s. 7(a), (b), S.I. No. 69 of 2019.
F17
Substituted (4.03.2019) by Employment (Miscellaneous Provisions) Act 2018 (38/2018), s. 7(c)-(g), S.I. No. 69 of 2019.
Modifications (not altering text):
C11
Additional requirement to that imposed by subs. (5) provided (1.12.2005) by Social Welfare Consolidation Act 2005 (26/2005), s. 250(14), S.I. No. 923 of 2005.
Social welfare inspectors.
250.— …
(14) Where an employer issues to an employee a statement containing the particulars specified in section 3 of the Terms of Employment (Information) Act 1994, he or she shall retain a copy of the statement for 2 years from the date on which that statement was issued and shall give that copy on demand to a social welfare inspector for inspection under this section.
…
Editorial Notes:
E5
Redress and appeal procedures for purpose of section provided (1.10.2015) by Workplace Relations Act 2015 (16/2015), ss. 41, 44 and sch. 5 part 1 item 4, sch. 6 part 1 item 5, sch. 6 part 2 item 5, S.I. No. 410 of 2015.
E6
Power pursuant to subs. (6) exercised (1.03.1998) by Terms of Employment (Additional Information) Order 1998 (S.I. No. 49 of 1998).
E7
Power pursuant to section exercised (2.01.1997) by Terms of Employment (Information) Act, 1994 (Section 3 (6)) Order 1997 (S.I. No. 4 of 1997).
E8
Previous affecting provision: compliance notice procedure in respect of subs. (1) provided by Workplace Relations Act (16/2015), s. 28 and sch. 4 item 2, not commenced; deleted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 20(1)(q), S.I. No. 411 of 2015.
5 OJ No. L 327, 5.12.2008 p. 9.
F18[
Form of statement to be provided
3A. A statement furnished by an employer under section 3, 4, 5, 6, 6E or 6F shall be —
(a) signed and dated by or on behalf of the employer,
(b) in writing, and
(c) transmitted on paper or, provided that the information is accessible to the employee, that it can be stored and printed, and that the employer retains proof of transmission or receipt, in electronic form.]
Annotations:
Amendments:
F18
Inserted (16.12.2022) by European Union (Transparent and Predictable Working Conditions) Regulations 2022, S.I. No. 686 of 2022, reg. 6.
Editorial Notes:
E9
The section heading is taken from the amending provision in the absence of one included in the amendment.
Employment outside State.
4.—(1) Where, after the commencement of this Act, an employee is required to work outside the State for a period of not less than 1 month, the employer concerned shall give or cause to be given to the employee, prior to the departure of the employee from the State, a statement F21[containing the particulars specified in subsections (1) and (1A) of section 3] and there shall be added to the statement the following particulars, that is to say—
F19[(a) the country or countries in which the work outside the State is to be performed and the anticipated period of employment,]
(b) the currency in which the employee is to be remunerated in respect of that period,
(c) any benefits in cash or kind for the employee attendant on the employment outside the State,
(d) the terms and conditions, where appropriate, governing the employee’s repatriation.
F20[(1A) Without prejudice to subsection (1), where an employee is a posted worker within the meaning of the European Union (Posting of Workers) Regulations 2016 (S.I. No. 412 of 2016), there shall be added to the statement specified in subsection (1) the following particulars —
(a) the remuneration to which the employee is entitled in accordance with the applicable law of the host Member State,
(b) where applicable, any allowances specific to posting and any arrangements for reimbursing expenditure on travel, board and lodging, and
(c) the link to the single official national website developed by the host Member State pursuant to Article 5(2) of the Directive 2014/67/EU of the European Parliament and of the Council of 15 May 20146 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (“the IMI Regulation”).
(1B) Subsection (1A) shall not apply to seafarers or sea fishermen.]
(2) The particulars referred to in paragraphs (b) and (c) of subsection (1) F20[or paragraph (a) of subsection (1A)] may be given in the form of a reference to provisions of statutes or instruments made under statute or of any other laws or of any administrative provisions or collective agreements, governing such particulars.
Annotations
Amendments:
F19
Substituted (16.12.2022) by European Union (Transparent and Predictable Working Conditions) Regulations 2022, S.I. No. 686 of 2022, reg. 7(a).
F20
Inserted (16.12.2022) by European Union (Transparent and Predictable Working Conditions) Regulations 2022, S.I. No. 686 of 2022, reg. 7(b), (c).
F21
Substituted (4.03.2019) by Employment (Miscellaneous Provisions) Act 2018 (38/2018), s. 8, S.I. No. 69 of 2019.
Editorial Notes:
E10
Redress and appeal procedures for purpose of section provided (1.10.2015) by Workplace Relations Act 2015 (16/2015), ss. 41, 44 and sch. 5 part 1 item 4, sch. 6 part 1 item 5, sch. 6 part 2 item 5, S.I. No. 410 of 2015.
6 6 OJ No. L 159, 28.5.2014, p. 11.
Notification of changes.
5.—(1) Subject to subsection (2), whenever a change is made or occurs in any of the particulars of the statement furnished by an employer under section 3, 4 or 6, the employer shall notify the employee in writing of the nature and date of the change as soon as may be thereafter, but not later than—
F22[(a) the day on which the change takes effect, or]
(b) where the change is consequent on the employee being required to work outside the State for a period of more than 1 month, the time of the employee’s departure.
(2) Subsection (1) does not apply in relation to a change occurring in provisions of statutes or instruments made under statute F23[, other than a registered employment agreement or employment regulation order,] or of any other laws or of any administrative provisions or collective agreements referred to in the statement given under section 3 or 4.
Annotations
Amendments:
F22
Substituted (16.12.2022) by European Union (Transparent and Predictable Working Conditions) Regulations 2022, S.I. No. 686 of 2022, reg. 8.
F23
Inserted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 18(c), S.I. No. 302 of 2012.
Editorial Notes:
E11
Redress and appeal procedures for purpose of section provided (1.10.2015) by Workplace Relations Act 2015 (16/2015), ss. 41, 44 and sch. 5 part 1 item 4, sch. 6 part 1 item 5, sch. 6 part 2 item 5, S.I. No. 410 of 2015.
E12
Previous affecting provision: compliance notice procedure in respect of section provided by Workplace Relations Act (16/2015), s. 28 and sch. 4 item 2, not commenced; deleted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 20(1)(q), S.I. No. 411 of 2015.
F24[
Contracts of employment existing before the commencement of European Union (Transparent and Predictable Working Conditions) Regulations 2022
5A.(1) Where, before the commencement of the European Union (Transparent and Predictable Working Conditions) Regulations 2022 (S.I. No. 686 of 2022), an employee has entered into a contract of employment with an employer, then, the employer shall, if so requested by the employee, furnish to the employee a statement containing the particulars specified in —
(a) subsections (1) and (1A) of section 3, and
(b) subsections (1) and (1A) of section 4.
(2) Notwithstanding that an employee has not made a request under subsection (1), he or she is entitled to the rights specified in sections 6D to 6H.]
Annotations:
Amendments:
F24
Inserted (16.12.2022) by European Union (Transparent and Predictable Working Conditions) Regulations 2022, S.I. No. 686 of 2022, reg. 9.
Editorial Notes:
E13
The section heading is taken from the amending provision in the absence of one included in the amendment.
Existing contracts of employment.
6.—(1) Where, before the commencement of this Act, an employee has entered into a contract of employment with an employer, then, the employer shall, if so requested by the employee, furnish to the employee a statement F25[containing the particulars specified in subsections (1) and (1A) of section 3] and, if so requested by the employee, there shall be added to the statement the particulars specified in section 4.
(2) An employer shall, within 2 months after the employer has been required to do so under subsection (1) furnish to the employee concerned a written statement in accordance with that subsection.
Annotations
Amendments:
F25
Substituted (4.03.2019) by Employment (Miscellaneous Provisions) Act 2018 (38/2018), s. 9, S.I. No. 69 of 2019.
Editorial Notes:
E14
Redress and appeal procedures for purpose of section provided (1.10.2015) by Workplace Relations Act 2015 (16/2015), ss. 41, 44 and sch. 5 part 1 item 4, sch. 6 part 1 item 5, sch. 6 part 2 item 5, S.I. No. 410 of 2015.
F26[
Directions by inspector to employer.
6A.— (1) Where it appears to an inspector that an employer has contravened section 3, 4, 5 or 6 the inspector may, where he or she considers it appropriate, give a direction to the employer to comply with the provision concerned within such period as is specified in the direction.
F27[(2) In this section “inspector” has the same meaning as it has in the Workplace Relations Act 2015.]]
Annotations
Amendments:
F26
Inserted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 18(d), S.I. No. 302 of 2012.
F27
Substituted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 16(1)(a), commenced by S.I. No. 410 of 2015 as per subs. (2).
F28[
Offences
6B.— (1) An employer who, without reasonable cause, fails to provide an employee with a statement required by section 3(1A), within one month of the date of the commencement of that employee’s employment, shall be guilty of an offence.
(2) An employer who deliberately provides false or misleading information to an employee, or who is reckless as to whether or not false or misleading information is provided, as part of the statement required by section 3(1A), shall be guilty of an offence.
(3) A person guilty of an offence under this section shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or to both.
(4) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(5) Summary proceedings for an offence under this section may be brought and prosecuted by the Commission.
(6) Where a person is convicted of an offence under this section the court shall order the person to pay to the Commission the costs and expenses, measured by the court, incurred by the Commission in relation to the investigation, detection and prosecution of the offence unless the court is satisfied that there are special and substantial reasons for not so doing.
(7) In proceedings for an offence under this section, it shall be a defence for the accused to prove that he or she exercised due diligence and took reasonable precautions to ensure that this Act was complied with by the accused and by any person under the control of the accused.
(8) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this Act may be instituted within 12 months from the date of the offence.]
Annotations
Amendments:
F28
Inserted (4.03.2019) by Employment (Miscellaneous Provisions) Act 2018 (38/2018), s. 10, S.I. No. 69 of 2019. A class A fine means a fine not greater than €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.
Editorial Notes:
E15
The section heading is taken from the amending section in the absence of one included in the amendment.
F29[
Protection against penalisation
6C.— (1) An employer shall not penalise or threaten penalisation of an employee for—
(a) invoking any right conferred on him or her by this Act,
(b) having in good faith opposed by lawful means an act that is unlawful under this Act,
(c) giving evidence in any proceedings under this Act, or
(d) giving notice of his or her intention to do any of the things referred to in the preceding paragraphs.
(2) Subsection (1) does not apply to the making of a complaint that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.
(3) In proceedings under Part 4 of the Workplace Relations Act 2015 in relation to a complaint that subsection (1) has been contravened, it shall be presumed until the contrary is proved that the employee concerned has acted reasonably and in good faith in forming the opinion and making the communication concerned.
(4) If a penalisation of an employee, in contravention of subsection (1), constitutes a dismissal of the employee within the meaning of the Unfair Dismissals Acts 1977 to 2015, relief may not be granted to the employee in respect of that penalisation both under this Act and under those Acts.
(5) In this section “penalisation” means any act or omission by an employer or a person acting on behalf of an employer that affects an employee to his or her detriment with respect to any term or condition of his or her employment, and, without prejudice to the generality of the foregoing, includes—
(a) suspension, lay-off or dismissal (including a dismissal within the meaning of the Unfair Dismissals Acts 1977 to 2015), or the threat of suspension, lay-off or dismissal,
(b) demotion or loss of opportunity for promotion,
(c) transfer of duties, change of location of place of work, reduction in wages or change in working hours,
(d) imposition or the administering of any discipline, reprimand or other penalty (including a financial penalty), and
(e) coercion or intimidation.]
Annotations
Amendments:
F29
Inserted (4.03.2019) by Employment (Miscellaneous Provisions) Act 2018 (38/2018), s. 11, S.I. No. 69 of 2019.
F30[
Maximum duration of probationary period
6D.— (1) Subject to this section, 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.
(2) The probationary period of a public servant shall not exceed 12 months.
(3) The probationary period referred to in subsection (1) may, on an exceptional basis, be longer where such longer period —
(a) does not exceed 12 months, and
(b) would be in the interest of the employee.
(4) Subject to subsections (3) and (5) where, on the commencement date an employee (other than a public servant) is subject to a probationary period which exceeds 6 months and the employee has completed at least 6 months of his or her probationary period, the probationary period shall expire on the earlier of —
(a) the date on which the probationary period was due to expire, or
(b) the 1st day of February 2023.
(5) Where, in accordance with a specified provision, an employee is absent from work during the probationary period, such period shall be extended by the employer for the duration of the employee’s absence.
(6) In this section —
“commencement date” means the date on which the European Union (Transparent and Predictable Working Conditions) Regulations 2022 (S.I. No. 686 of 2022) come into operation;
“public servant” has the same meaning as it has in Part 2 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012;
“specified provision” means:
(a) section 25(1) of the Maternity Protection Act 1994;
(b) section 15 (6) of the Adoptive Leave Act 1995;
(c) section 14 (3) of the Parental Leave Act 1998;
(d) section 13(5) of the Carer’s Leave Act 2001;
(e) section 19 (3) of the Paternity Leave and Benefit Act 2016;
(f) section 18(3) of the Parent’s Leave and Benefit Act 2019;
(g) section 11 (3) of the Sick Leave Act 2022;
(h) any other statutory provision providing that probation shall —
(i) stand suspended during an employee’s absence from work, and
(ii) be completed by the employee on his or her return from work after such absence.]
Annotations:
Amendments:
F30
Inserted (16.12.2022) by European Union (Transparent and Predictable Working Conditions) Regulations 2022, S.I. No. 686 of 2022, reg. 10.
Modifications (not altering text):
C12
Application of section restricted by Protection of Employees (Fixed-Term Work) Act 2003 (29/2003), s. 9A, as inserted (16.12.2022) by European Union (Transparent and Predictable Working Conditions) Regulations 2022, S.I. No. 686 of 2022, reg. 14.
[
Probation periods
9A. (1) Notwithstanding section 6D of the Terms of Employment (Information) Act 1994, where a fixed-term employee has entered into a fixed-term contract with an employer which provides for a probationary period, the length of such probationary period shall be proportionate to the expected duration of the fixed-term contract and the nature of the work.
(2) Where an employer proposes to renew a fixed-term contract for the same functions and tasks, the fixed-term contract shall not be subject to a new probationary period.
(3) A word or expression that is used in this section that is also used in Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 201910 on transparent and predictable working conditions in the European Union has, unless the contrary intention appears, the same meaning in this section that it has in that Directive.]
10 OJ No. L 186, 11.7.2019, p. 105.
F31[
Parallel employment
6E.— (1) Subject to subsections (2), (3) and (4), an employer shall not —
(a) prohibit an employee from taking up employment with another employer, outside the work schedule established with the first named employer, or
(b) subject an employee to adverse treatment for taking up employment with another employer, outside the work schedule established with the first named employer.
(2) An employer may restrict an employee from taking up employment with another employer, outside the work schedule established with the first named employer, where such restriction (in this section referred to as an “incompatibility restriction”) is proportionate and is based on objective grounds.
(3) Where an employer imposes an incompatibility restriction on an employee —
(a) details of the incompatibility restriction (including details of the objective grounds on which the incompatibility restriction is based) shall be included in the contract of employment, or
(b) the employer shall provide to the employee a statement in writing setting out the incompatibility restriction (including details of the objective grounds on which the incompatibility restriction is based).
(4) This section shall not apply to seafarers or sea fishermen.
(5) In this section”objective grounds” includes the following grounds —
(a) health and safety,
(b) the protection of business confidentiality,
(c) the integrity of the public service,
(d) the avoidance of conflicts of interests,
(e) safeguarding productive and safe working conditions,
(f) the protection of safety of patients and people receiving care from the health service,
(g) the protection of national security,
(h) the protection of critical national infrastructure,
(i) the protection of energy security,
(j) the administration of vital public service functions,
(k) compliance by the employer and the employee with any applicable statutory or regulatory obligations,
(l) compliance by the employee with any professional standards for the time being in force, and
(m) notwithstanding the generality of paragraphs (a) to (l), ‘objective grounds’ for the purposes of a contract of employment entered into by the Health Service Executive or a service provider includes the following grounds:
(i) the protection of patient health and safety;
(ii) the State’s objectives of —
(I) the promotion of public welfare by improving public health,
(II) the removal of inefficiencies and inequalities in the delivery of healthcare services, and
(III) assisting in the implementation of a universal healthcare service in which patients are treated on the basis of health needs.
(6) In this section “service provider” means —
(a) a person who enters into an arrangement under section 38 of the Health Act 2004 to provide a health or personal social service on behalf of the Health Service Executive,
(b) the Mental Health Commission,
(c) the Irish Blood Transfusion Service, or
(d) the National Virus Laboratory at University College Dublin.]
Annotations:
Amendments:
F31
Inserted (16.12.2022) by European Union (Transparent and Predictable Working Conditions) Regulations 2022, S.I. No. 686 of 2022, reg. 10.
F32[
Transition to another form of employment
6F.— (1) Subject to subsection (2), an employee who has been in the continuous service of an employer for not less than 6 months and who has completed his or her probationary period, if any, may request a form of employment with more predictable and secure working conditions where available and receive a reasoned written reply from his or her employer.
(2) An employee may, once in any 12 month period, request a form of employment in accordance with subsection (1).
(3) An employer shall provide the reasoned written reply referred to in subsection (1) to an employee within one month of the request by the employee.
(4) An employer may provide an oral reply where a subsequent similar request is submitted by the same worker where the situation of the worker remains unchanged.
(5) This section shall not apply to seafarers or sea fishermen.]
Annotations:
Amendments:
F32
Inserted (16.12.2022) by European Union (Transparent and Predictable Working Conditions) Regulations 2022, S.I. No. 686 of 2022, reg. 12.
F33[
Mandatory training
6G.— Where an employer is required by law or by a collective agreement to provide training to an employee to carry out the work for which he or she is employed, such training shall —
(a) be provided to the employee free of cost,
(b) count as working time, and
(c) where possible, take place during working hours.]
Annotations:
Amendments:
F33
Inserted (16.12.2022) by European Union (Transparent and Predictable Working Conditions) Regulations 2022, S.I. No. 686 of 2022, reg. 10.
F34[
Collective Agreements
6H.— (1) Where a relevant agreement provides for the matters referred to in one or more relevant sections, that section or those sections shall not apply in relation to an employee to whom the relevant agreement for the time being has effect.
(2) In this section —
“relevant agreement” means —
(a) a collective agreement that for the time being stands approved of by the Labour Court, or
(b) a registered employment agreement;
“relevant section” means section 6D, 6E, 6F, or 6G.]
Annotations:
Amendments:
F34
Inserted (16.12.2022) by European Union (Transparent and Predictable Working Conditions) Regulations 2022, S.I. No. 686 of 2022, reg. 10.
F35[
Disapplication of certain provisions
6I.— (1) Sections 6D to 6H shall not apply to—
(a) a member of the judiciary within the meaning of section 196 of the Taxes Consolidation Act 1997,
(b) a retained fire fighter,
(c) a person who is in the service of the State as a member of the Permanent Defence Force, or
(d) a member of the Garda Síochána.
(2) In this section —
“member”, in relation to the Garda Síochána, shall have the same meaning as it has in section 3 of the Garda Síochána Act 2005;
“retained fire fighter” means a person commonly referred to as a retained fire fighter and employed by a fire authority (within the meaning of section 2(1) of the Fire Services Act 1981) on a part-time basis and on the basis of payment by the authority to him or her of a retaining fee as well as fees for performing, as required by the authority, any functions of a fire fighter.]
Annotations:
Amendments:
F35
Inserted (16.12.2022) by European Union (Transparent and Predictable Working Conditions) Regulations 2022, S.I. No. 686 of 2022, reg. 10.
F37[
Complaint to adjudication officer under section 41 of Workplace Relations Act 2015
7.—(1) An employee shall not be entitled to present a complaint under section 41 of the Workplace Relations Act 2015 in respect of a contravention of section 3, 4, 5 or 6, if the employer concerned has—
(a) complied with a direction under section 6A given in relation to the contravention F38[before, on or after the commencement of section 8 of the Workplace Relations Act 2015], or
(b) been given a direction under that section in relation to the contravention and the period specified in the direction within which he or she is required to comply with the direction has not yet expired.
F39[(1A) An employee shall not be entitled to present a complaint under Part 4 of the Workplace Relations Act 2015 in respect of a contravention of section 3(1A)—
(a) unless the employee has been in the continuous service of the employer for more than 1 month, or
(b) if the employer concerned has been prosecuted for an offence under this Act in relation to the same contravention.]
(2) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of F36[section 3, 4, 5, 6, 6C, 6D, 6E, 6F or 6G, ] shall do one or more of the following, namely—
(a) declare that the complaint was or, as the case may be, was not well founded,
(b) either—
(i) confirm all or any of the particulars contained or referred to in any statement furnished by the employer under F36[section 3, 4, 5, 6, 6C, 6D, 6E, 6F or 6G, ], or
(ii) alter or add to any such statement for the purpose of correcting any inaccuracy or omission in the statement and the statement as so altered or added to shall be deemed to have been given to the employee by the employer,
(c) require the employer to give or cause to be given to the employee concerned a written statement containing such particulars as may be specified by the adjudication officer,
(d) F39[in relation to a complaint of a contravention under change F36[section 3, 4, 5, 6, 6D, 6E, 6F, or 6G, ] and without prejudice to any order made under paragraph (e)] order the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 4 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.]
F39[(e) in relation to a complaint of a contravention under section 6C, and without prejudice to any order made under paragraph (d), order the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 4 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.]
Annotations
Amendments:
F36
Substituted (16.12.2022) by European Union (Transparent and Predictable Working Conditions) Regulations 2022, S.I. No. 686 of 2022, reg. 11(a)-(c).
F37
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 52(1) and sch. 7 part 1 item 5, S.I. No. 410 of 2015, subject to transitional provision in subs. (3).
F38
Substituted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 16(1)(b), commenced by S.I. No. 410 of 2015 as per subs. (2).
F39
Inserted (4.03.2019) by Employment (Miscellaneous Provisions) Act 2018 (38/2018), s. 12(a), (b)(ii), (c), S.I. No. 69 of 2019.
F40
Substituted (4.03.2019) by Employment (Miscellaneous Provisions) Act 2018 (38/2018), s. 12(b)(i), S.I. No. 69 of 2019.
Editorial Notes:
E16
Previous affecting provisions: subs. (2) amended and subss. (2)(b)(i), (d) amended (4.03.2019) by Employment (Miscellaneous Provisions) Act 2018 (38/2018), s. 12(b)(i)-(ii), S.I. No. 69 of 2019; section substituted as per F-note above.
E17
Previous affecting provisions: subs. (1) amended and subs. (1A) inserted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 18(e)(i), (ii), S.I. No. 302 of 2012; section substituted as per F-note above.
F41[Decision of Labour Court on appeal from decision referred to in section 7]
F41[8.—A decision of the Labour Court under section 44 of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to in section 7, shall affirm, vary or set aside the decision of the adjudication officer.]
Annotations
Amendments:
F41
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 52(1) and sch. 7 part 1 item 5, S.I. No. 410 of 2015, subject to transitional provision in subs. (3).
Editorial Notes:
E18
Power pursuant to section exercised (2.08.1994) by Terms of Employment (Information) (Appeals and Complaints) Regulations 1994 (S.I. No. 244 of 1994).
Enforcement of determinations of Tribunal.
9.—F42[…]
Annotations
Amendments:
F42
Repealed (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8(1) and sch. 2 part 1 item 6, S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
Evidence of failure to attend before or give evidence or produce documents to Tribunal.
10.—F43[…]
Annotations
Amendments:
F43
Repealed (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 8(1) and sch. 2 part 1 item 6, S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
Laying of orders and regulations before Houses of Oireachtas.
11.—Every order or regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
Expenses of Minister.
12.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Repeals.
13.—Sections 9 and 10 of the Act of 1973 are hereby repealed.
Short title and commencement.
14.—(1) This Act may be cited as the Terms of Employment (Information) Act, 1994.
(2) This Act shall come into operation on such day as the Minister may appoint by order.
Annotations
Editorial Notes:
E19
Power pursuant to section exercised (16.05.1994) by Terms of Employment (Information) Act, 1994 (Commencement) Order 1994 (S.I. No. 96 of 1994).
2. The 16th day of May, 1994, is hereby appointed as the day on which the Terms of Employment (Information) Act, 1994, (No. 5 of 1994), shall come into operation.
Terms of Employment (Information) (Appeals and Complaints) Regulations, 1994.
TERMS OF EMPLOYMENT (INFORMATION) (APPEALS AND COMPLAINTS) REGULATIONS, 1994.
I, RUAIR ? QUINN, Minister for Enterprise and Employment, in exercise of the powers conferred on me by section 8 of the Terms of Employment (Information) Act, 1994 (No. 5 of 1994), hereby make the following Regulations:
1. (1) These Regulations may be cited as the Terms of Employment (Information) (Appeals and Complaints) Regulations, 1994.
(2) These Regulations shall come into operation on the 2nd day of August, 1994.
2. In these Regulations—
“the Act” means the Terms of Employment (Information) Act, 1994 (No. 5 of 1994);
“appeal” means an appeal under section 8 (1) of the Act;
“complaint” means a complaint under section 8 (6) of the Act;
“the Minister” means the Minister for Enterprise and Employment;
“the Tribunal” means the Employment Appeals Tribunal.
3. A notice under subsection (2) or (6) of section 8 of the Act shall contain—
(a) the names, addresses and descriptions of the parties to the proceedings to which the appeal or complaint relates,
(b) the date of the recommendation to which the appeal or complaint, as the case may be, relates and the name of the rights commissioner who made the recommendation, and
(c) a brief outline of the grounds of the appeal or complaint, as the case may be.
4. An appeal or complaint may be withdrawn by giving a notification in writing signifying such withdrawal to the Tribunal.
5. (1) A party to an appeal or complaint under subsection (2) or (6) of section 8 of the Act who receives a notice thereof shall—
(a) if he or she intends to contest the appeal or be heard by the Tribunal at the hearing of the appeal,
(b) if he or she intends to contest the complaint or be heard by the Tribunal in relation to the matters referred to in section 8 (6) (a) of the Act,
enter an appearance to the appeal or the complaint, as the case may be, by giving a notice of appearance to the Tribunal within 14 days (or such longer period as the Tribunal may fix under paragraph (3) of this Regulation) of receipt by him or her of the said notice.
(2) A notice of appearance under this Regulation shall contain a brief outline of the grounds on which the appeal or complaint concerned will be contested by the person entering the appearance.
(3) A party to an appeal or complaint may, before the expiration of the period referred to in paragraph (1) of this Regulation, apply to the Tribunal, by notice in writing given to the Tribunal and containing a brief outline of the grounds for the application, for an extension of that period for entering an appearance to the appeal or complaint, as the case may be, and the Tribunal may, if it is satisfied that there are reasonable grounds for doing so, extend the time aforesaid by such period as it considers appropriate.
6. On receipt by the Tribunal of a notification under Regulation 4 of these Regulations or of a notice of appearance under Regulation 5 of these Regulations, the Tribunal shall cause a copy of the notice or notification, as the case may be, to be given to the other party concerned.
7. An error (including an omission) of a formal nature in a determination of the Tribunal may be corrected—
(a) in any case, by the chairman of the Tribunal, and
(b) in a case in which the determination concerned was made at a time when a vice-chairman was acting as chairman of the Tribunal, by the vice-chairman,
by a certificate signed by him or her.
8. (1) The Tribunal shall maintain a register, to be known as the Register of Terms of Employment (Information) Determinations (referred to subsequently in this Regulation as “the Register”) and shall cause to be entered in the Register particulars of every determination of the Tribunal under section 8 of the Act.
(2) The Register may be inspected free of charge by any person during normal office hours.
(3) Particulars of any correction made under Regulation 7 of these Regulations shall be entered in the Register.
(4) A copy of an entry in the Register shall be sent to the parties concerned.
9. (1) A notice or notification under these Regulations or subsection (2) or (6) of section 8 of the Act may be given by sending it by registered post addressed to the Secretary, Employment Appeals Tribunal, Davitt House, 65A Adelaide Road, Dublin 2, and a notice or notification under these Regulations or a document under paragraph (b) of the said section 8 (2) may be given to any other person by sending it by registered post addressed to the person—
(a) in case his or her address is specified correctly in a notice referred to in Regulation 5 of these Regulations, at that address, and
(b) in any other case—
(i) if the person is a company (within the meaning of the Companies Act, 1963 ), at its registered office,
(ii) if the person is not a company (within the meaning aforesaid) at a place where the person resides or carries on a profession, business or occupation.
(2) Any such notice or notification or document aforesaid that is given to a person authorised to receive it by the person to whom it is required to be given by the Act or by these Regulations shall be deemed to have been given to the latter person.
10. Regulations 10 to 17 (2), 19, 20, 20A (inserted by the Redundancy (Employment Appeals Tribunal) Regulations, 1979 ( S.I. No. 114 of 1979 )), 23, 23A (inserted by the Redundancy (Employment Appeals Tribunal) Regulations, 1979) and 24 of the Redundancy (Redundancy Appeals Tribunal) Regulations, 1968 ( S.I. No. 24 of 1968 ), shall, with any necessary modifications (and, in the case of the said Regulations 20 and 20A, with the modification that a sum awarded by the Tribunal under either of those Regulations shall, in lieu of being paid out of the Fund referred to therein, be paid by the Minister for Enterprise and Employment with the consent of the Minister for Finance) apply in relation to appeals and complaints under section 8 of the Act and proceedings in relation to such appeals or complaints as they apply in relation to appeals provided for by section 39 of the Redundancy Payments Act, 1967 (No. 21 of 1967), and proceedings in relation to such appeals.
GIVEN under my Official Seal, this 29th day of July, 1994.
RUAIR QUINN,
Minister for Enterprise
and Employment.
EXPLANATORY NOTE.
These Regulations prescribe the procedures to be followed in relation to the submission and hearing of appeals and complaints before the Employment Appeals Tribunal under the Terms of Employment (Information) Act, 1994 .
S.I. No. 4/1997 –
Terms of Employment (Information) Act, 1994 (Section 3 (6)) Order, 1997.
TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 (SECTION 3 (6)) ORDER, 1997.
I, EITHNE FITZGERALD, Minister of State at the Department of Enterprise and Employment, in exercise of the powers conferred on me by section 3 (6) (a) of the Terms of Employment (Information) Act, 1994 (No. 5 of 1994) and the Enterprise and Employment (Delegation of Ministerial Functions) (No. 2) Order, 1995 ( S.I. No. 43 of 1995 ), hereby order as follows:
1. This Order may be cited as the Terms of Employment (Information) Act, 1994 (Section 3 (6)) Order, 1997.
2. An employer who employs a child or young person (within the meaning of the Protection of Young Persons (Employment) Act, 1996 (No. 16 of 1996)), to work for him or her shall, not later than one month after the commencement of the employee’s employment, give or cause to be given to the employee a copy of the abstract of the Protection of Young Persons (Employment) Act, 1996 , prescribed for the purpose of section 12 of that Act.
GIVEN under my hand, this 2nd day of January, 1997.
EITHNE FITZGERALD, T.D.
Minister of State at the Department of
Enterprise and Employment.
EXPLANATORY NOTE.
This Order provides that employees under 18 be given a copy of the abstract of the Protection of Young Persons (Employment) Act, 1996 not less than one month after employment commences.
S.I. No. 49/1998 –
Terms of Employment (Additional Information) Order, 1998.
TERMS OF EMPLOYMENT (ADDITIONAL INFORMATION) ORDER, 1998.
I, TOM KITT, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the power conferred on me by section 3 (6) of the Terms of Employment (Information) Act, 1994 (No. 5 of 1994), as adapted by the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 305 of 1997 ), and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) (No. 2) Order, 1997 ( S.I. No. 330 of 1997 ), hereby order as follows:
1. This Order may be cited as the Terms of Employment (Additional Information) Order, 1998, and shall come into operation on the 1st day of March, 1998.
2. In this Order “the Act” means the Organisation of Working Time Act, 1997 (No. 20 of 1997).
3. (1) In relation to an employee who enters into a contract of employment after the commencement of this Order, the employee’s employer shall, within two months after the employee’s commencement of employment with the employer, give or cause to be given to the employee a statement in writing containing particulars of the times and duration of the rest periods and breaks referred to in sections 11, 12 and 13 of the Act that are being allowed to the employee and of any other terms and conditions relating to those periods and breaks.
(2) In relation to an employee who has entered into a contract of employment before the commencement of this Order, the employee’s employer shall, if requested by the employee to do so, give or cause to be given to the employee, within 2 months of the request being made, a statement in writing containing particulars of the times and duration of the rest periods and breaks referred to in sections 11, 12 and 13 of the Act that are being allowed to the employee and of any other terms and conditions relating to those periods and breaks.
GIVEN under my hand, this 25th day of February, 1998.
TOM KITT, T.D.,
Minister for Labour, Trade and Consumer Affairs.
EXPLANATORY NOTE.
This Order provides that where, under the Terms of Employment (Information) Act, 1994 , an employer is required to provide an employee with a written statement of certain particulars of his or her terms of employment, such statement shall, after 1st March, 1998, include details of the times and duration of (and any other terms and conditions relating to) the rest periods and breaks referred to in sections 11 , 12 and 13 of the Organisation of Working Time Act, 1997 that are being allowed to the employee.
S.I. No. 686/2022 –
European Union (Transparent and Predictable Working Conditions) Regulations 2022
I, LEO VARADKAR, Minister for Enterprise Trade and Employment in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving full effect to Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 20191 on transparent and predictable working conditions in the European Union, hereby make the following regulations:
Citation
1. These Regulations may be cited as the European Union (Transparent and Predictable Working Conditions) Regulations 2022.
Definition
2. In these Regulations, “Act of 1994” means the Terms of Employment (Information) Act 1994 (No. 5 of 1994).
Amendment of section 1 of Act of 1994
3. Section 1 of the Act of 1994 is amended –
(a) in subsection (1) –
(i) by the substitution of the following definition for the definition of “contract of employment”:
“ ‘contract of employment’ means –
(a) a contract of service or apprenticeship, or
(b) any other contract whereby –
(i) an individual agrees with another person personally to execute any work or service for that person, or
(ii) an individual agrees with a person carrying on the business of an employment agency within the meaning of the Employment Agency Act 1971 to do or perform personally any work or service for another person (whether or not the other person is a party to the contract),
whether the contract is express or implied and, if express, whether oral or written;”, and
(ii) by the insertion of the following definitions:
“ ‘seafarer’ has the same meaning as it has in the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, implemented by Council Directive 2009/13/EC of 16 February 20092 ;
‘sea fisherman’ has the same meaning that ‘fisherman’ has in the Agreement concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organisation, concluded on 21 May 2012 between the General Confederation of Agricultural Cooperatives in the European Union (Cogeca), the European Transport Workers’ Federation (ETF) and the Association of National Organisations of Fishing Enterprises in the European Union (Europêche) implemented by Council Directive (EU) 2017/159 of 19 December 20163 ;”, and
(b) by the insertion of the following subsection after subsection (2):
“(2A) A word or expression that is used in section 2, 3, 3A, 4, 5, 5A or 6D to 6I that is also used in Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 20194 on transparent and predictable working conditions in the European Union has, unless the contrary intention appears, the same meaning in those sections that it has in that Directive.”.
Amendment of section 2 of Act of 1994
4. Section 2 of the Act of 1994 is amended –
(a) in subsection (1), by the substitution of “4 consecutive weeks” for “1 month”,
(b) in subsection (3), by the substitution of the following paragraph for paragraph (a):
“(a) subject to subsection (3A), the reference to 21 hours shall be construed as a reference to 3 hours,”,
(c) by the insertion of the following subsection after subsection (3):
“(3A) For the purposes of paragraph (a) of subsection (3), time worked with all employers forming or belonging to the same enterprise, group or entity shall count towards the period of 3 hours referenced in that paragraph.”, and
(d) by the insertion of the following subsection after subsection (4):
“(5) Subsection (1) shall not apply to employment where no guaranteed amount of work that is remunerated is predetermined before the employment starts.”.
Amendment of section 3 of Act of 1994
5. Section 3 of the Act of 1994 is amended –
(a) in subsection (1) –
(i) by the substitution of “one month” for “2 months”,
(ii) by the deletion of paragraphs (c), (d), (e) and (i),
(iii) in paragraph (m), by the substitution of “were made,” for “were made.”, and
(iv) by the insertion of the following paragraphs after paragraph (m):
“(n) the training entitlement, if any, provided by the employer,
(o) in the case of a temporary contract of employment, the identity of the user undertakings (within the meaning of Directive 2008/104/EC of the European Parliament and of the Council of 19 November 20085 on temporary agency work), when and as soon as known, and
(p) if the work pattern of an employee is entirely or mostly unpredictable, the statement shall inform the employee of –
(i) the principle that the work schedule is variable, the number of guaranteed paid hours and the remuneration for work performed in addition to those guaranteed hours,
(ii) the reference hours and days within which the employee may be required to work, and
(iii) the minimum notice period to which the employee is entitled to before the start of a work assignment and, where applicable, the deadline for notification in accordance with section 17 of the Organisation of Working Time Act 1997 , and
(q) where it is the responsibility of the employer, the identity of the social security institutions receiving the social insurance contributions attached to the contract of employment and any protection relating to social security provided by the employer.”,
and
(b) in subsection (1A) –
(i) by the substitution of the following paragraph for paragraph (d):
“(d) the remuneration, including the initial basic amount, any other component elements, if applicable, indicated separately, the frequency and method of payment of the remuneration to which the employee is entitled and the pay reference period for the purposes of the National Minimum Wage Act 2000 ;”,
(ii) in paragraph (f), by the substitution of “are treated,” for “are treated.”, and
(iii) by the insertion of the following paragraphs after paragraph (f):
“(g) the place of work or, where there is no fixed or main place of work, a statement specifying that the employee is employed at various places or is free to determine his or her place of work or to work at various places;
(h) either –
(i) the title, grade, nature or category of work for which the employee is employed, or
(ii) a brief specification or description of the work;
(i) the date of commencement of the employee’s contract of employment;
(j) any terms or conditions relating to hours of work (including overtime);
(k) where a probationary period applies, its duration and conditions.”,
(c) in subsection (3), by the substitution of “paragraphs (d), (j) and (k) of subsection (1A) or paragraphs (h), (j), (k), (l), (n) and (q) of subsection (1)” for “paragraph (d) of subsection (1A) or paragraphs (h), (i), (j), (k) and (l) of the said subsection (1)”, and
(d) by the insertion of the following subsection after subsection (7):
“(8) Paragraphs (p) and (q) of subsection (1) shall not apply to seafarers or sea fishermen.”.
Form of statement to be provided
6. The Act of 1994 is amended by the insertion of the following section after section 3:
“3A. A statement furnished by an employer under section 3, 4, 5, 6, 6E or 6F shall be –
(a) signed and dated by or on behalf of the employer,
(b) in writing, and
(c) transmitted on paper or, provided that the information is accessible to the employee, that it can be stored and printed, and that the employer retains proof of transmission or receipt, in electronic form.”.
Amendment of section 4 of Act of 1994
7. Section 4 of the Act of 1994 is amended –
(a) in subsection (1), by the substitution of the following paragraph for paragraph (a):
“(a) the country or countries in which the work outside the State is to be performed and the anticipated period of employment,”,
(b) by the insertion of the following subsections after subsection (1):
“(1A) Without prejudice to subsection (1), where an employee is a posted worker within the meaning of the European Union (Posting of Workers) Regulations 2016 ( S.I. No. 412 of 2016 ), there shall be added to the statement specified in subsection (1) the following particulars –
(a) the remuneration to which the employee is entitled in accordance with the applicable law of the host Member State,
(b) where applicable, any allowances specific to posting and any arrangements for reimbursing expenditure on travel, board and lodging, and
(c) the link to the single official national website developed by the host Member State pursuant to Article 5(2) of the Directive 2014/67/EU of the European Parliament and of the Council of 15 May 20146 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’).
(1B) Subsection (1A) shall not apply to seafarers or sea fishermen.”, and
(c) in subsection (2), by the insertion of “or paragraph (a) of subsection (1A)” after “subsection (1)”.
Amendment of section 5 of Act of 1994
8. Section 5 of the Act of 1994 is amended, in subsection (1), by the substitution of the following paragraph for paragraph (a):
“(a) the day on which the change takes effect, or”.
Contracts of employment existing before the commencement of European Union (Transparent and Predictable Working Conditions) Regulations 2022
9. The Act of 1994 is amended by the insertion of the following section after section 5:
“5A. (1) Where, before the commencement of the European Union (Transparent and Predictable Working Conditions) Regulations 2022 (S.I. No. 686 of 2022), an employee has entered into a contract of employment with an employer, then, the employer shall, if so requested by the employee, furnish to the employee a statement containing the particulars specified in –
(a) subsections (1) and (1A) of section 3, and
(b) subsections (1) and (1A) of section 4.
(2) Notwithstanding that an employee has not made a request under subsection (1), he or she is entitled to the rights specified in sections 6D to 6H.”.
Amendment of Act of 1994 – insertion of sections 6D to 6I
10. The Act of 1994 is amended by the insertion of the following sections after section 6C:
“
Maximum duration of probationary period
6D. (1) Subject to this section, 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.
(2) The probationary period of a public servant shall not exceed 12 months.
(3) The probationary period referred to in subsection (1) may, on an exceptional basis, be longer where such longer period –
(a) does not exceed 12 months, and
(b) would be in the interest of the employee.
(4) Subject to subsections (3) and (5) where, on the commencement date an employee (other than a public servant) is subject to a probationary period which exceeds 6 months and the employee has completed at least 6 months of his or her probationary period, the probationary period shall expire on the earlier of –
(a) the date on which the probationary period was due to expire, or
(b) the 1st day of February 2023.
(5) Where, in accordance with a specified provision, an employee is absent from work during the probationary period, such period shall be extended by the employer for the duration of the employee’s absence.
(6) In this section –
‘commencement date’ means the date on which the European Union (Transparent and Predictable Working Conditions) Regulations 2022 (S.I. No. 686 of 2022) come into operation;
‘public servant’ has the same meaning as it has in Part 2 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 ;
‘specified provision’ means:
(a) section 25(1) of the Maternity Protection Act 1994;
(b) section 15 (6) of the Adoptive Leave Act 1995 ;
(c) section 14 (3) of the Parental Leave Act 1998 ;
(d) section 13(5) of the Carer’s Leave Act 2001;
(e) section 19 (3) of the Paternity Leave and Benefit Act 2016 ;
(f) section 18(3) of the Parent’s Leave and Benefit Act 2019;
(g) section 11 (3) of the Sick Leave Act 2022 ;
(h) any other statutory provision providing that probation shall –
(i) stand suspended during an employee’s absence from work, and
(ii) be completed by the employee on his or her return from work after such absence.”.
Parallel employment
6E. (1) Subject to subsections (2), (3) and (4), an employer shall not –
(a) prohibit an employee from taking up employment with another employer, outside the work schedule established with the first named employer, or
(b) subject an employee to adverse treatment for taking up employment with another employer, outside the work schedule established with the first named employer.
(2) An employer may restrict an employee from taking up employment with another employer, outside the work schedule established with the first named employer, where such restriction (in this section referred to as an ‘incompatibility restriction’) is proportionate and is based on objective grounds.
(3) Where an employer imposes an incompatibility restriction on an employee –
(a) details of the incompatibility restriction (including details of the objective grounds on which the incompatibility restriction is based) shall be included in the contract of employment, or
(b) the employer shall provide to the employee a statement in writing setting out the incompatibility restriction (including details of the objective grounds on which the incompatibility restriction is based).
(4) This section shall not apply to seafarers or sea fishermen.
(5) In this section ‘objective grounds’ includes the following grounds –
(a) health and safety,
(b) the protection of business confidentiality,
(c) the integrity of the public service,
(d) the avoidance of conflicts of interests,
(e) safeguarding productive and safe working conditions,
(f) the protection of safety of patients and people receiving care from the health service,
(g) the protection of national security,
(h) the protection of critical national infrastructure,
(i) the protection of energy security,
(j) the administration of vital public service functions,
(k) compliance by the employer and the employee with any applicable statutory or regulatory obligations,
(l) compliance by the employee with any professional standards for the time being in force, and
(m) notwithstanding the generality of paragraphs (a) to (l), ‘objective grounds’ for the purposes of a contract of employment entered into by the Health Service Executive or a service provider includes the following grounds:
(i) the protection of patient health and safety;
(ii) the State’s objectives of –
(I) the promotion of public welfare by improving public health,
(II) the removal of inefficiencies and inequalities in the delivery of healthcare services, and
(III) assisting in the implementation of a universal healthcare service in which patients are treated on the basis of health needs.
(6) In this section ‘service provider’ means –
(a) a person who enters into an arrangement under section 38 of the Health Act 2004 to provide a health or personal social service on behalf of the Health Service Executive,
(b) the Mental Health Commission,
(c) the Irish Blood Transfusion Service, or
(d) the National Virus Laboratory at University College Dublin.
Transition to another form of employment
6F. (1) Subject to subsection (2), an employee who has been in the continuous service of an employer for not less than 6 months and who has completed his or her probationary period, if any, may request a form of employment with more predictable and secure working conditions where available and receive a reasoned written reply from his or her employer.
(2) An employee may, once in any 12 month period, request a form of employment in accordance with subsection (1).
(3) An employer shall provide the reasoned written reply referred to in subsection (1) to an employee within one month of the request by the employee.
(4) An employer may provide an oral reply where a subsequent similar request is submitted by the same worker where the situation of the worker remains unchanged.
(5) This section shall not apply to seafarers or sea fishermen.
Mandatory training
6G. Where an employer is required by law or by a collective agreement to provide training to an employee to carry out the work for which he or she is employed, such training shall –
(a) be provided to the employee free of cost,
(b) count as working time, and
(c) where possible, take place during working hours.
Collective Agreements
6H. (1) Where a relevant agreement provides for the matters referred to in one or more relevant sections, that section or those sections shall not apply in relation to an employee to whom the relevant agreement for the time being has effect.
(2) In this section –
‘relevant agreement’ means –
(a) a collective agreement that for the time being stands approved of by the Labour Court, or
(b) a registered employment agreement;
‘relevant section’ means section 6D, 6E, 6F, or 6G.
Disapplication of certain provisions
6I. (1) Sections 6D to 6H shall not apply to –
(a) a member of the judiciary within the meaning of section 196 of the Taxes Consolidation Act 1997 ,
(b) a retained fire fighter,
(c) a person who is in the service of the State as a member of the Permanent Defence Force, or
(d) a member of the Garda Síochána.
(2) In this section –
‘member’, in relation to the Garda Síochána, shall have the same meaning as it has in section 3 of the Garda Síochána Act 2005;
‘retained fire fighter’ means a person commonly referred to as a retained fire fighter and employed by a fire authority (within the meaning of section 2 (1) of the Fire Services Act 1981 ) on a part-time basis and on the basis of payment by the authority to him or her of a retaining fee as well as fees for performing, as required by the authority, any functions of a fire fighter.”.
Amendment of section 7 of Act of 1994
11. Section 7 of the Act of 1994 is amended, in subsection (2) –
(a) by the substitution of “section 3, 4, 5, 6, 6C, 6D, 6E, 6F or 6G, ” for “section 3, 4, 5, 6 or 6C”,
(b) in paragraph (b)(i) by the substitution of “section 3, 4, 5, 6, 6C, 6D, 6E, 6F or 6G, ” for “section 3, 4, 5, 6 or 6C”, and
(c) in paragraph (d), by the substitution of “section 3, 4, 5, 6, 6D, 6E, 6F, or 6G, ” for “section 3, 4, 5, 6 or 6C”.
Amendment of Schedule 5 to Workplace Relations Act 2015
12. The Workplace Relations Act 2015 is amended, in Part 1 of Schedule 5, by the substitution of the following paragraph for paragraph 4 –
“4. Section 3, 4, 5, 6, 6C, 6D, 6E, 6F or 6G of the Terms of Employment (Information) Act 1994 .”.
Amendment of section 17 of Organisation of Working Time Act 1997
13. Section 17 of the Organisation of Working Time Act 1997 (No. 20 of 1997) is amended –
(a) in subsection (1), by the substitution of “that week, and the employee’s employer shall ensure the work takes place within predetermined reference hours and days.” for “that week.”,
(b) by the insertion of the following subsection after subsection (1):
“(1A) When the requirements of subsection (1) are not met by the employee’s employer, an employee shall have the right to refuse to work during the reference hours and days predetermined by the employer in accordance with that subsection without adverse consequences.”, and
(c) by the insertion of the following subsections after subsection (5):
“(6) In this section –
‘reference hours and days’ has the same meaning as it has in Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 20197 on transparent and predictable working conditions in the European Union;
‘seafarer’ has the same meaning as it has in the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, implemented by Council Directive 2009/13/EC of 16 February 20098 ;
‘sea fisherman’ has the same meaning that ‘fisherman’ has in the Agreement concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organisation, concluded on 21 May 2012 between the General Confederation of Agricultural Cooperatives in the European Union (Cogeca), the European Transport Workers’ Federation (ETF) and the Association of National Organisations of Fishing Enterprises in the European Union (Europêche) implemented by Council Directive (EU) 2017/159 of 19 December 20169 .
(7) This section shall not apply to seafarers or sea fishermen.”.
Amendment of Protection of Employees (Fixed-Term Work) Act 2003
14. The Protection of Employees (Fixed-Term Work) Act 2003 is amended by the insertion of the following section after section 9:
“
Probation periods
9A. (1) Notwithstanding section 6D of the Terms of Employment (Information) Act 1994 , where a fixed-term employee has entered into a fixed-term contract with an employer which provides for a probationary period, the length of such probationary period shall be proportionate to the expected duration of the fixed-term contract and the nature of the work.
(2) Where an employer proposes to renew a fixed-term contract for the same functions and tasks, the fixed-term contract shall not be subject to a new probationary period.
(3) A word or expression that is used in this section that is also used in Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 201910 on transparent and predictable working conditions in the European Union has, unless the contrary intention appears, the same meaning in this section that it has in that Directive.”.
/images/ls
GIVEN under my Official Seal,
16 December, 2022.
LEO VARADKAR,
Minister for Enterprise, Trade and Employment.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
The purpose of these Regulations is to transpose into Irish law Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on Transparent and Predictable Working Conditions in the European Union, which replaces Directive 91/533 EEC.
1 OJ No. L 186, 11.7.2019, p. 105.
2 OJ No. L 124, 20.5.2009, p. 30.
3 OJ No. L 25, 31.1.2017, p. 12.
4 OJ No. L 186, 11.7.2019, p. 105.
5 OJ No. L 327, 5.12.2008 p. 9.
6 OJ No. L 159, 28.5.2014, p. 11.
7 OJ No. L 186, 11.7.2019, p. 105.
8 OJ No. L 124, 20.5.2009, p. 30.
9 OJ No. L 25, 31.1.2017, p. 12.
10 OJ No. L 186, 11.7.2019, p. 105.
Sample Terms
TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 and 2001
SAMPLE WRITTEN STATEMENT OF TERMS OF EMPLOYMENT
This form may be used by employers for the purpose of providing an employee with a written statement of particulars
of the terms of employment as required by the above Act.
IMPORTANT: Please refer to explanatory notes attached before completing the form.
This statement applies to (NAME OF EMPLOYEE) ___________________________________________
(a) NAME OF EMPLOYER
(See Note 1) ___________________________________________
(b) ADDRESS OF EMPLOYER
(See Note 2)
___________________________________________
___________________________________________
___________________________________________
(c) PLACE OF WORK
(See Note 3)
___________________________________________
(d) JOB TITLE OR NATURE OF WORK
(See Note 4)
___________________________________________
(e) DATE OF COMMENCEMENT OF EMPLOYMENT _________________________________
(f) (i) IF TEMPORARY CONTRACT (expected duration of
that temporary contract)
_________________________________
(ii) IF FIXED TERM CONTRACT (date when that
contract expires)
_________________________________
(If the space provided under any of the headings is insufficient, employers may include the relevant details in an
Appendix to this statement.)
(g) RATE OF REMUNERATION
(See Note 5 and Note 6)
________________________________
MINIMUM WAGE PAY REFERENCE PERIOD (period
used to calculate hourly rate of pay for the National Minimum
Wage Act 2000. Period cannot exceed one month) (See Note
6)
________________________________
(g)(a) The employee may, under Section 23 of the National Minimum Wage Act 2000, request from the employer a
written statement of the employee’s average hourly rate of pay for any pay reference period falling within the previous
12 months as provided in that section.
(h) PAY INTERVALS
(weekly, monthly or otherwise)
______________________________________
(i) HOURS OF WORK (including overtime, rest breaks, and Rest Period Not Received) (See Note 7)
Normal start time ______________________________________
Normal finish time ______________________________________
Rest Periods
Employees are entitled to:
A daily rest period of 11 consecutive hours per 24 hours. A weekly rest period of 24 consecutive hours per 7 days,
following a daily rest period.
A 15-minute break if working 4.5 hours
A 30-minute break if working 6 hours
Payment for breaks is not a statutory entitlement. Some industries are covered by Registered Employment Agreements
(REA’s) and Employment Regulation Orders (ERO’s), which may contain regulations regarding breaks.
Rest Period Not Received
Note for Employer
Outline procedure for employee to notify employer in writing that he/she has not received their entitlement as outlined
above. This notification must be made within one week of an employee not availing of their entitlement.
(See S.I. 473 of 2001)
(j) PAID LEAVE (other than sick leave) (See Note 8)
Annual Leave entitlement ________________________________________
Public Holiday entitlement ________________________________________
(k) (i). INCAPACITY FOR
WORK/SICKNESS/SICK PAY (See Note 9)
________________________________________
(ii). PENSION AND PENSION SCHEMES
(Requirement by law that an employer
provides access to a Pension Scheme) (See
Note 10)
________________________________________
(l) PERIOD OF NOTICE TO BE GIVEN BEFORE TERMINATING EMPLOYMENT (See Note 11)
(a) by employer to employee ________________________________________
(b) by employee to employer ________________________________________
(m) RELEVANT COLLECTIVE AGREEMENTS
(Employment Regulation Orders and Registered Employment Agreement) (See Note 12)
(n) Applicable to Employees under 18 Years of Age (See Note 14)
Copy of abstract of Protection of Young Persons (Employment) Act 1996 given to employee no later than one
month after commencement. (PYP Leaflet)
(o) GRIEVANCE AND DISCIPLINARY PROCEDURES (See Note 15)
In relation to any changes in the particulars given above and employment outside the State, please see
Note 13
Signed: ____________________________________
(Proprietor/Manager/Company Secretary/Personnel Manager)
Date: ___________________________
NOTES FOR EMPLOYERS ON COMPLETING WRITTEN STATEMENT
OF TERMS OF EMPLOYMENT OF AN EMPLOYEE
Note 1 – NAME OF EMPLOYER – Employers must state their full and correct name. In the case of a Limited Company, the name of the company as registered with the Companies Registration Office should be given.
Note 2 – ADDRESS OF EMPLOYER – A number of options are available under this heading. The intention is to ensure that the employee is given the full and accurate address of the employer. The options are as follows:
The full address in the State
The address of the principal place of the relevant business in the State; this could be appropriate in the case of a business which has a number of locations
The address of the registered office, i.e. address of the company as registered with the Companies Registration Office.
Note 3 – PLACE OF WORK – Employers must state the place of work of the employee; if there is no fixed or main place of work, the employer must state the main place of business and state that the employee will be required or permitted to work in various locations.
Note 4 – JOB TITLE/NATURE OF WORK – Employers must state either the title of the job, e.g. general operative, accounts clerk, or nature of work, e.g. construction work, accounts work, etc.
Note 5 – IMPORTANT – Where employees are covered by an Employment Regulation Order or a Registered Employment Agreement, it is sufficient to refer the employee to the provisions of the relevant legislation, namely, an Employment Regulation Order, an employment agreement registered with the Labour Court, a collective agreement or a company handbook for the areas detailed in (g) to (l). However, copies of these documents must be made available.
Note 6 – RATE OF REMUNERATION/MEANS OF CALCULATING REMUNERATION – In addition to basic
pay, this heading covers any other aspects of remuneration such as bonus, commission, productivity incentives, etc. (If the employer does not give details of the rate of remuneration, he/she must give details of the method of calculating the remuneration.) If appropriate, it could be stated that the rate is as set out in a specified Employment Regulation Order or Registered Employment Agreement.
The following payments are regarded as wages:
Normal basic pay, as well as any overtime
Shift allowances or other similar payments
Any fee, bonus or commission
Any holiday, sick or maternity pay
Any other return of payment for work (whether made under the contract of employment or otherwise), and
Any sum payable to an employee in lieu of notice of termination or employment.
The employer must indicate the pay reference period for the purposes of the National Minimum Wage Act, 2000. Also the employer must state that the employee may request from the employer a written statement of the employee’s average hourly rate of pay for any reference period falling within the previous 12 months as provided in Section 23 of the Organisation of Working Time Act, 2000.
Note 7 – HOURS OF WORK – Employers must give details about the terms and conditions relating to hours of work including overtime; this should include arrangements in relation to length of normal working hours, Saturday/Sunday work, evening work, shift rotas or other such arrangements, as appropriate, and details of rest breaks and rest periods under the Organisation of Working Time Act, 1997.
Note 8 – PAID LEAVE – Employers must give details of any terms or conditions relating to paid leave (other than paid sick leave which is covered in Note 9 below); this should include any paid leave schemes that the employer operates, for example holidays, maternity, special leave, etc. and any arrangements that apply to such leave.
Note 9 – SICK LEAVE – Employers must state any terms and conditions that apply to an employee relating to incapacity for work or sickness/injury and paid sick leave, e.g. terms and conditions of sick pay schemes, reporting of absences, production of medical certificates, rules relating to payment, etc. If this employment is covered by an ERO or REA then this should be stated.
Note 10 – PENSIONS – Employers must state the terms and conditions of any pension schemes and any arrangements relevant to pensions. Further information in relation to pensions can be obtained at www.pensionsboard.ie, telephone
no. 01 613 1900, LoCall 1890 656565.
Note 11 – NOTICE – Employers must give details of the period of notice to be given by the employer and by the employee prior to the termination of the contract of employment. If it is not possible to indicate the period of notice when the written statement is given to an employee, the statement should clearly indicate the method for determining the period of notice. Where an employee has a statutory entitlement to notice under the terms of the Minimum Notice and Terms of Employment Act, 1973, this should be indicated.
Note 12 – COLLECTIVE AGREEMENTS – Employers must refer to any collective agreements which affect the employee’s terms and conditions of employment. In the case of collective agreements to which the employer was not a party but which apply to the employment concerned, organisations which made the agreement should be indicated. An example would be a registered agreement concluded by certain employers and unions within a sector of activity but binding on all. EROs and REAs must be specified if they apply to the employment. This is in addition to the requirements to circulate or display copies of the agreements.
Note 13 – ADDITIONAL NOTES
CHANGES IN THE TERMS OF EMPLOYMENT
Employers should note that, where there are any changes to the particulars contained in the written statement, the nature and date of the change must be notified by the employer to the employee within one month of the change taking effect. In the case of changes as a result of an employee being assigned to employment outside the State for a period of not less than one month, the nature of the change must be notified before the employee’s departure from the State. Changes to terms of employment must be agreed by both parties prior to those changes being implemented.
EMPLOYMENT OUTSIDE THE STATE
Employers should also note that, where an employee is assigned to employment outside the State for a period of not less than 1 month, an employer is required under section 4 of the Act to provide additional information relevant to the employment outside the State (see explanatory leaflet on the Act for further details). The additional information may be provided in an Appendix to this statement.
Note 14 – REST PERIOD NOT RECEIVED – Rests and intervals for work are provided for by section 12 of the
Organisation of Working Time Act, 1997. Section 12(2) provides as follows: ‘An employer shall not require an employee to work for a period of not more than 6 hours without allowing him or her a break of at least 30 minutes; such a break may include the break referred to in subsection (1)’.
A strict application of the foregoing would permit an employer to require an employee to work for six hours before giving him or her a break of at least 30 minutes. However, one also has to consider the nature of the work being done and the possible health and safety implications of allowing somebody to work for a relatively long time without a break. The example that is proposed by the correspondent in the attached query would certainly be deemed unacceptable from a health and safety point of view – regardless of the nature of the work being done.
The 15/30 minute break (as the case may be) which an employee is entitled to as a consequence of Section 12 cannot be postponed until the end of the working day; it must be given to the employee during the course of the working day.
(See Section 12(4)) Furthermore, there is secondary legislation governing the provision of rest breaks in particular employments and which is often more prescriptive than the general provision contained in Section 12 of the Organisation of Working Time Act, 1997 (e.g. Organisation of Working Time (Breaks at Work for Shop Employees)
Regulations (SI 1998 No.57); see also various Employment Regulation Orders.
Breaks are compulsory and employees may not waive their rights to them.
Note 15 – For General Information on Disciplinary Procedures please use the following link:
http://www.workplacerelations.ie/en/Good_Workplace_Relations/Grievance_and_Disciplinary_Procedures/
For General Information on Procedures for Addressing Bullying in the Workplace please use the following link:
http://www.workplacerelations.ie/en/Publications_Forms/Procedures_for_Addressing_Bullying_in_the_Workplace.pdf