Updates to Employment Law Explained

Since we published our Employment Law Explained

in September 2018 there have been changes under
employment law. Below your will find the latest changes.

Starting Employment
Day five statement
Within five days of starting work, all employees must
get a written statement of the following core terms of
employment:

1. the full names of the employer and the employee

2. the address of the employer
3. the expected duration of the contract, in the case of a
temporary contract, or the end date if the contract is a
fixed-term contract
4. the rate or method of calculation of the employee’s pay
5. the number of hours the employer reasonably expects
the employee to work per normal working day and per
normal working week

This is as well as the full written statement of terms of

employment which must be given within two months of
starting the job.

National Minimum Wages

Pay/Wages
Under the new Employment Miscellaneous Provisions Act
2019 wage rates for employees under 18 and those over 18
have been simplified and will be solely based on age. Trainee
rates of pay have been abolished.

Sectoral Employment Order

A Sectoral Employment Order (SEO) setting legally binding

rates of pay and terms and conditions for the Electrical
Contracting sector came into effect on the 1 September
2019.
Working Hours
Zero Hours
The Organisation of Working Time Act 1997 (OWTA) is
amended to prohibit zero hour contracts except in the
following circumstances:
• where the work is of a casual nature
• where the work is done in emergency circumstances
• where short-term relief work is used to cover routine
absences for the employer

Minimum payment in certain circumstances

A new minimum payment will apply when an employee on a

zero hours contract, is called in to work and does not receive
the expected hours of work.

The minimum payment is calculated as three times the

national minimum hourly rate of pay or three times the
minimum hourly rate of pay set out in an Employment
Regulation Order (if one exists for that sector and for as long
as it remains in force).

The already existing method of payment (at least 25% of the

contract hours or 15 hours) continues to apply overall.

Banded Hours provisions

• Employees whose contract of employment or statement

of terms of employment does not reflect the reality of
the hours they habitually work are entitled to request
to be placed in a band of hours that better reflects the
hours they have worked over a 12-month reference
period.
• If you are an employee, you must be working for your
employer for at least a year before making this request
 Band From To
A 3 hours 6 hours
B 6 hours 11 hours
C 11 hours 16 hours
D 16 hours 21 hours
E 21 hours 26 hours
F 26 hours 31 hours
G 31 hours 36 hours
H 36 hrs & over

Annual leave and certified sick leave

From the first day in a job employees are building up holiday

entitlements even if they are on certified sick leave and
whether they are part-time or full time. If an employee is on
certified sick leave at the end of the leave year the annual
leave they have earned and have not been able to take is
carried over and available to take for the next 15 months.

Family friendly leave

Maternity leave and premature birth
Mothers of premature babies born over two weeks before
their due date are entitled to extend their maternity leave
by the difference between the birth date and the date
maternity leave was due to start. Ordinarily maternity leave
commences no later than two weeks before the due date.

Paternity leave

Paternity leave of two weeks is available to a relevant parent

within 26 weeks of the birth of their child. A paternity benefit
payment is available for qualifying relevant parents from
the Department of Employment and Social protection.
Parental leave

The maximum period of parental leave increased from 18

to 22 weeks from 1 September 2019, and increases again
to 26 weeks from 1 September 2020. The age of the child
for which parental leave is available has increased from 8
to 12 years. For a child with a disability the parental leave
age threshold remains unchanged and is available up to the
age of 16.

Visit our website workplacerelations.ie for more detailed

information or call our information service on 0818 80 80
90.

Follow us on Twitter @WRC_ie

Published September 2019

SEPTEMBER 2018

Contents
PAGE

INTRODUCTION 2
SUMMARY OF EMPLOYERS’ OBLIGATIONS 3
WRC INSPECTION SERVICES 4
SUMMARY OF INSPECTORS’ POWERS 4
RECORD KEEPING 5
EMPLOYMENT STATUS OF EMPLOYEES 7
FIXED-TERM EMPLOYEES/
TEMPORARY AGENCY WORKERS 8
PART-TIME EMPLOYEES 10
EMPLOYMENT OF YOUNG PERSONS 10
EMPLOYMENT OF FOREIGN NATIONALS 13
WRITTEN TERMS AND CONDITIONS 16
PAY AND WAGES 18
HOLIDAYS, BREAKS, REST TIME 19
PROTECTIVE LEAVE 21
EQUALITY 22
SPECIFIC INDUSTRY AGREEMENTS 23
TERMINATION OF EMPLOYMENT 24
REDUNDANCY 25
CODES OF PRACTICE AND OTHER REQUIREMENTS 26
ENFORCEMENT 27
APPENDIX I: ORGANISATIONS THAT CAN
ASSIST WITH EMPLOYMENT 30
APPENDIX II: USEFUL PUBLICATIONS 33

1
Introduction
One of the key objectives of the Workplace Relations
Commission (WRC) is to provide impartial information on a
wide variety of employment rights legislation to employers and
employees by telephone, in writing, through its website and
through ongoing public awareness programmes. The WRC also
provides an extensive range of explanatory leaflets and a
comprehensive Guide to Employment, Labour and Equality Law.

This publication aims to help employers to comply with their

obligations under employment law. When setting up or running
a business with paid employees, employers should be familiar
with a number of basic provisions under Irish employment law.

This summary guide has been produced by the WRC.

Further information on employment rights is available on
www.workplacerelations.ie or by contacting the Commission’s
Information and Customer Services at Lo-call 0818 808090 or
059-9178900.

Please note that this is not a legal interpretation of the legislation.

2
Summary of Employers’
Obligations
An employer is responsible for ensuring that their employees
receive certain basic employment rights.

The main obligations include:

l To only engage employees who have permission to

work within the State,
l To ensure that they provide employees with a written
statement of terms and conditions of employment,
l To give employees a written statement of pay or
‘payslip’,
l To pay employees not less than the statutory minimum
wage rates,
l To comply with the maximum working week
requirements,
l To provide breaks and rest periods during working
hours,
l To give annual leave from work,
l To give a minimum amount of notice before
termination of employment,
l To maintain records in relation to their employees and
their entitlements.

For further information download the Guide to Employment,

Labour and Equality Law at www.workplacerelations.ie.
A list of Guides, Leaflets and Explanatory Booklets for specific
areas of employment law is available at Appendix II.

3
WRC Inspection Services
The WRC is also responsible for monitoring a range of
employment rights in Ireland through its Inspection Service.
WRC Inspectors operate in a fair and impartial manner, carrying
out inspections throughout the country. These inspections arise
as a result of complaints received of alleged contraventions of
employment rights, as a result of targeted inspection
campaigns and as a result of routine inspection enquiries.
Where evidence of non-compliance with employment rights
legislation is found, the inspector’s main priority is to have the
matter rectified. In some cases the issue of compliance and/or
fixed payment notices and/or the initiation of prosecutions
against the employer may be necessary.

Summary of Inspectors’ Powers

In general WRC Inspectors have the following powers under
legislation:

l To enter any place of work at a reasonable time,

l To require the production of records,
l To inspect records,
l To take copies of, and remove and retain, records,
l To interview and require information from any relevant
person.

For a list of the records to be made available for WRC

Inspectors, see the section on “Record Keeping” on page [5].

The WRC’s Inspection Services can be contacted on

Telephone: (059) 9178800
Lo-Call: 0818 220100

4
Record Keeping
The following list sets out the standard records which
employers must keep and to which a WRC Inspector will
require access during the course of an inspection:-

1. The completed template sent with the inspection

appointment letter or the same information in a similar
format.

2. Employer registration number with the Revenue

Commissioners.

3. List of all employees including full name, address and

PPS number for each employee (full-time and part-
time).

4. Written terms of Employment for each employee.

5. Payroll details (including Gross to Net, Rate per hour,

Overtime, Deductions, Shift and other Premiums and
Allowances, Commissions and Bonuses, Service Charges,
etc.).

6. Evidence that the employer has provided payslips to

employees.

5
 7. Employees’ job classifications.

8. Dates of commencement and, where relevant,

termination of employment.

9. Hours of work for each employee (including starting

and finishing times).

10. Register of employees under 18 years of age.

11. Details of any board and/or lodgings provided to

employees.

12. Holiday and Public Holiday entitlements received by

each employee.

13. For non-EEA nationals1, employment permits or

evidence that permits are not required.

14. Any documentation necessary to demonstrate

compliance with employment rights legislation.

Additional records may be required to be held depending on

the sector/business involved. There are minimum periods for
which these records must be kept (generally three years).

1
The EEA (European Economic Area) comprises the member states of the
European Union together with Iceland, Norway and Liechtenstein.

6
Employment Status of
Employees
Employers engage persons on either contracts of service or
contracts for services. Only a person engaged under a contract
of service is deemed to be an employee and therefore
protected by the full range of employment legislation; an
independent contractor or self-employed person will have a
contract for services with the party for whom the work is being
done. The distinction between a contract of service, on the one
hand, and a contract for services, on the other, is sometimes
unclear but the type of contract a person is engaged under can
have serious implications for both employer and employee in
matters such as employment protection legislation, legal
responsibility for injuries caused to members of the public,
taxation and social welfare. For further information, please see
the Code of Practice for Determining Employment or
Self-Employment Status, which can be downloaded from
www.revenue.ie.

If you require more detailed information on the insurability of

employment and self-employment please contact:

Scope Section
Department of Employment Affairs and Social Protection
Gandon House
Amiens Street
Dublin 1.
Telephone: (01) 6732585
Email: [email protected]

7
Fixed-Term Employees/
Temporary Agency Workers
Depending on business needs, companies may require to take
on part-time employees, fixed-term employees or temporary
agency workers.

Fixed-Term Employees: A fixed term employee is

someone who is employed under a contract which contains a
specific start and end date or who is employed to carry out a
specific task or project or the continuity of whose contract is
contingent on a particular event such as the availability of
continued funding from an external source.

Fixed-term employees cannot be treated in a less favourable

manner than comparable permanent employees in relation to
conditions of employment and all employee protection
legislation, other than that relating to unfair dismissal in
certain circumstances, applies to fixed-term employees in the
same manner as it applies to a permanent employee. Fixed-
term employees may only be treated less favourably than a
permanent employee where such treatment can be justified on
objective grounds.

Employees cannot remain on a series of fixed-term contracts

indefinitely. If an employee whose employment commenced
prior to the 14 July 2003 accrues three years continuous service
as a fixed term employee, when that employee’s contract
comes up for renewal on or after the 14 July 2003, the
employee can only be offered one further fixed-term contract.
This renewal on a further fixed-term basis cannot be for more
than one year. After this, if the employer wishes the employee
to continue, it must be on the basis of a contract of indefinite
duration.

If an employee who commenced employment on a fixed-term

basis on or after 14 July 2003 has had two or more fixed term
contracts, the combined duration of the contracts shall not
exceed four years. After this, if the employer wishes the
employee to continue, it must be on the basis of a contract of
indefinite duration.

8
Temporary Agency Workers: An agency worker is an
individual employed by an employment agency under a
contract of employment by virtue of which the individual may
be assigned to work for, and under the direction and
supervision of, a person other than the employment agency.

The law provides that all temporary agency workers must have
equal treatment with workers hired directly by the hirer in
respect of:

l Pay,
l Working time,
l Rest periods,
l Rest periods during the working day,
l Night work,
l Overtime,
l Annual leave, or
l Public holidays.

Temporary agency workers must also have equal access, with

the hirer’s own workers, to facilities such as childcare, canteen
or similar amenities, or transport services.

Where a vacant position of employment arises with the hirer of

an agency worker, the hirer must, when informing his/her own
employees, inform any agency worker who is for the time being
assigned to work for him/her, of the vacancy for the purpose of
allowing the agency worker to apply for that position.

An employment agency cannot charge an individual a fee in

respect of making any arrangement for that individual’s
employment.

9
Part-Time Employees
A part-time employee is someone who works fewer hours than
a comparable full-time employee doing the same type of work.

A part-time employee may not be treated less favourably than

a comparable full-time employee in respect of any condition of
employment and all employee protection legislation applies to
part-time employees in the same manner as it already applies
to full-time employees. A part-time employee may only be
treated in a less favourable manner than a comparable full-
time employee where such treatment can be justified on
objective grounds.

Employment of Young Persons

The Protection of Young Persons Act, 1996 is designed to protect
the health of young workers, and to ensure that employment
during the school year does not put their education at risk.
The law sets minimum age limits for employment, sets rest
intervals and maximum working hours, and prohibits the
employment of those under 18 years of age on late night work.
Employers must also keep specified records for those workers
aged under 18. In general, the Act prohibits the employment of
children under the age of 16. However 14 and 15 year olds can
be employed:

l during the school holidays,

l part-time during the school term,
l as part of an approved work experience or education
programme where the work is not harmful to their
safety, health, or development.

10
Children (i.e. under 16 years of age) can be employed in
cultural, artistic, sports or advertising work which is not
harmful to their safety, health, or development and does not
interfere with their attendance at school, vocational guidance
or training programmes or capacity to benefit from the
instruction received. In order to do so permission must be
obtained by way of a licence issued on behalf of the Minister
for Business, Enterprise and Innovation.

The type of activities for which licence applications are made

would typically be television commercials, films or theatre
performance that require the presence of a child. The licence
sets out the conditions under which the children may be
employed, such as general conditions about parental consent,
supervision and education arrangements, and the maximum
working times and minimum breaks appropriate to each group.
The employer should apply in writing for a licence at least 21
days before the employment commences.

11
Applications should be submitted to:

Employment of Young Persons Licensing Section,

The Workplace Relations Commission
O’Brien Road, Carlow.
Telephone: (059) 9178800
Lo-call: 0818 220100
Email: [email protected]

The following documentation can be downloaded from

www.workplacerelations.ie.

l Protection of Young Persons (Employment) Act 1996

Application Form,
l Protection of Young Persons (Employment) Act, 1996
Note on employing a child by licence under Section
3(2) Theatre Licence,
l Protection of Young Persons (Employment) Act, 1996
Note on employing a child by licence under
Section 3(2) Film/TV Licence.

12
Employment of Foreign Nationals
Foreign nationals working legally in Ireland are entitled to the
full range of statutory employment rights and protections in
exactly the same manner as an Irish worker.

A non-EEA national, except in the cases listed below, requires

an employment permit to take up employment in Ireland (the
EEA comprises the Member States of the European Union
together with Iceland, Norway and Liechtenstein). It should be
noted that it is an offence under the Employment Permits Acts
2003 and 2006 for both an employer and an employee if a
non-EEA national is in employment without an appropriate
employment permit or other permission to work. Employment
permit holders can only work for the employer named on the
permit.

If the holder of an employment permit ceases, for any reason,

to be employed by the employer named on the permit during
the period of validity of the permit, the original permit and the
certified copy must be returned immediately to the
Department of Business, Enterprise and Innovation.

13
Citizens of non-EEA countries who do not require Employment
Permits include those with:

l Permission to remain as spouse or a dependant of an

Irish/EEA national,
l Permission to remain as the parent of an Irish citizen,
l Temporary leave to remain in the State on
humanitarian grounds, having been in the Asylum
process,
l Explicit permission from the Department of Justice
and Equality to remain resident and employed in the
State,
l Permission to be in the State as a registered student
who is permitted to work 20 hours during term time
and 40 hours during holiday periods,
l Permission to be in the State under the terms of the
Diplomatic Relations and Immunities Act 1967, and are
assigned to a Mission of a country with whom the
Government has entered into a Working Dependents
Agreement,
l Swiss Nationals: In accordance with the terms of the
European Communities and Swiss Confederation Act,
2001, which came into operation on 1 June, 2002, this
enables the free movement of workers between
Switzerland and Ireland, without the need for
Employment Permits.

Note:
The possession of a PPS (Personal Public Service) number does
not automatically entitle a person to work in the State.

14
 Contact Details
Employment Permits Section
Department of Business, Enterprise and Innovation
Earlsfort Centre, Lower Hatch Street, Dublin 2, D02 PW01
Tel: (01) 417 5333 • Lo-Call: 0818 201616* Email:
[email protected] Website:
www.dbei.gov.ie
*Note that the rates charged for the use of 0818 (Lo-Call)
numbers may vary among different service providers.
Telephone queries to the Employment Permits Call Centre will
be dealt with by the Workplace Relations Commission.
Employment Permit information and application requirements
are also available at www.dbei.gov.ie The current status of
employment permit applications may also be checked using
the Online Status Update Enquiry facility on that website.

Posted Workers: A posted worker is someone who, for a

limited period, carries out his/her work in a Member State of
the EU other than the State in which he/she normally works.
The European Community’s Posted Workers Directive requires
each Member State to ensure that a worker posted to its
territory is guaranteed the terms and conditions of
employment that employees are guaranteed under the law of
that Member State.
A Form of Declaration is required for all temporary postings of
workers to Ireland from another Member State. The Form of
Declaration and the address or e-mail address for the
submission of the form are available at
www.workplacerelations.ie

15
Written Terms and Conditions
While the full contract of employment does not have to be in
writing, certain terms and conditions of employment must be
stated in writing within two months of starting employment.
These would typically include the method of calculating pay
and whether or not there is a sick pay scheme in operation.
(For fixed term employees it would also include in what
circumstances their employment will come to an end). The
Terms of Employment (Information) Acts 1994 to 2014 provide
that an employer must issue their employees with a written
statement of terms and conditions relating to their
employment within two months of commencing employment.

16
It must include the following:

l The full names of the employer and the employee,

l The address of the employer,
l The place of work, or where there is no main place of
work, a statement indicating that an employee is
required or permitted to work at various places,
l Job title or nature of the work,
l Date of commencement of employment,
l If the contract is temporary, the expected duration of
employment,
l If the contract is for a fixed-term, the date on which the
contract expires,
l The rate of pay or method of calculating pay,
l The right to a written statement of the average hourly
rate of pay for any reference period upon request,
l Whether pay is weekly, monthly or otherwise,
l Terms or conditions relating to hours of work, including
overtime,
l Terms or conditions relating to paid leave (other than
paid sick leave),
l Terms or conditions relating to incapacity for work due
to sickness or injury,
l Terms or conditions relating to pensions and pension
schemes,
l Periods of Notice or method for determining periods of
notice,
l A reference to any collective agreements which affect
the terms of employment.

Transfer of Undertakings: The European Communities

(Protection of Employees on Transfer of Undertakings)
Regulations, 2003 provide that the employment law rights and
obligations of the original employer will be transferred to the
new employer in the event of the transfer of the business or
part of the business. The new employer must observe the terms
and conditions agreed in any collective agreement on the same
terms as were applicable to the original employer.
17
Pay and Wages
National Minimum Wage: Experienced adult workers in
Ireland are entitled to be paid a minimum rate per hour. There
are however, some exceptions to the minimum wage, including
those employed by close relatives, those aged under l8 and
trainees or apprentices.

Legal minimum rates of pay for particular industries or sectors

may also be laid down in Employment Regulation Orders
(EROs), Registered Employment Agreements (REAs) and
Sectoral Employment Orders (SEOs).

Details of the existing minimum rates, under the National

Minimum Wage Acts and under EROs, REAs and SEOs are
available on www.workplacerelations.ie.

Pay Slips: All employees are entitled to receive a pay slip

with every payment of wages. This pay slip should show the
gross wage (wage before deductions) and the nature and
amount of each deduction.

Deductions: An employer is allowed to make the following

deductions from an employee’s wage:

l Any deduction required or authorised by law

(e.g. PAYE or PRSI),
l Any deduction authorised by the term of an employee’s
contract (e.g. pension contributions, or particular till
shortages),
l Any deduction agreed to in writing in advance by the
employee (e.g. health insurance subscription, sports and
social club membership subscription).

18
Holidays, Breaks, Rest Time
Employers must ensure that employees are given adequate
rest. The Organisation of Working Time Act, 1997 sets down the
rules governing maximum working hours, daily and weekly rest
breaks, annual leave and public holiday entitlements.

Maximum Working Week: The maximum an employee

should work in an average working week is 48 hours. This
working week average should be calculated over a four-month
period. There are however some exceptions to this average
period.

Breaks: Employees are entitled to;

l A daily rest period of 11 consecutive hours per

24 hours,
l A weekly rest period of 24 consecutive hours per seven
days, following a daily rest period,
l A 15-minute break after working 41⁄2 hours,
l A 30-minute break after working six hours.

There is no statutory entitlement to payment for breaks.

Sundays: If not already included in the rate of pay, employees

are generally entitled to a premium payment for Sunday
working or paid time off in lieu. In some industries, Registered
Employment Agreements (REAs), Employment Regulation
Orders (EROs) and Sectoral Employment Orders (SEOs) may
provide additional rest and/or Sunday pay entitlements (see
Specific Industry Agreements section).

19
Holidays and Public Holidays: Holiday entitlements are
earned from the date of commencement of employment.

The minimum annual leave entitlement is 4 working weeks

paid annual leave per leave year. However, annual leave is
accrued based on time worked by the employee. Full-time
employees earn one week of paid annual leave for every three
months worked. Employees who work 1365 hours in any given
leave year have earned their full four week annual leave
entitlement at that point, except if it is a leave year in which
the employee changes employment.

Part-time employees are entitled to annual leave consisting of

8% of hours worked, subject to a maximum of 4 working weeks
in the leave year. Employees are also entitled to nine public
holidays during the year, in respect of which an employer may
choose to give one of the following four options:

l a paid day off on the day, or

l a paid day off within a month, or
l an extra day of paid annual leave, or
l an extra day’s pay.

20
The following are the nine public holidays in Ireland:

PUBLIC HOLIDAYS
1st January (New Year’s Day)
St. Patrick’s Day (17th March)
Easter Monday
First Monday in May
First Monday in June
First Monday in August
Last Monday in October
Christmas Day (25th December)
St. Stephen’s Day (26th December)

In order for a part-time employee to qualify for a public holiday,

he/she must work at least 40 hours in the 5-week period that
immediately precedes the public holiday.

Pay for Public Holidays: If the public holiday falls on a day

on which the employee does not normally work, the employee
is entitled to one fifth of his/her normal weekly wage for the
day.

Protective Leave
Employers are obliged to allow employees (who meet relevant
qualifying criteria, if any) to avail of certain statutory protective
leaves, such as maternity leave, health and safety leave,
parental leave, adoptive leave, and carer’s leave. There is
specific legislation setting down the rules for each entitlement
which can be accessed at www.workplacerelations.ie.

21
Equality
The Employment Equality Acts outlaw discrimination in work-
related areas such as pay, vocational training, access to
employment, work experience and promotion including
harassment and victimisation at work and the publication of
discriminatory advertisements.

Discrimination is prohibited where it relates to gender, civil

status, family status, sexual orientation, religious belief, age,
disability, race, colour, nationality, ethnic or national origins and
membership of the travelling community.

Any provision in a collective agreement, Employment

Regulation Order, Registered Employment Agreement or
Sectoral Employment Agreement which discriminates on any of
the grounds set out above may be declared null and void.

It is also unlawful to discriminate directly or indirectly in

relation to occupational pensions on any of the grounds set out
above.

22
Specific Industry Agreements
Employees in certain sectors are covered by specific
agreements regarding their employment and which deal with
the pay and working conditions of the employees in these
sectors. These agreements are

– Employment Regulation Orders (EROs) made by the Minister

for Business, Enterprise and Innovation following proposals
made by a Joint Labour Committee and adopted by the
Labour Court;

– Registered Employment Agreements (REAs) proposed by a

class, type or group of workers or trade unions and relevant
employers or a trade union of employers and registered
with the Labour Court: and

– Sectoral Employment Agreements (SEOs) made by Order of

the Minister for Business, Enterprise and Innovation
following recommendations made by the Labour Court.

Employers in sectors covered by an ERO, REA or SEO are

obliged by law to pay the wage rates and provide the
conditions of employment prescribed by the orders and
agreements.

Details of EROs, REA and SEOs currently in force are available

at www.workplacerelations.ie.

23
Termination of Employment
Minimum Notice: The Minimum Notice and Terms of
Employment Acts 1973 to 2005 provide that every employee
who has been in the employment of his/her employer for at
least 13 weeks is entitled to a minimum period of notice
before that employer may dismiss him or her. This period varies
from one to eight weeks according to the length of service.

An employer and employee may agree payment in lieu of

notice. An employee’s minimum notice entitlement is as
follows:

Length of Service Minimum notice

Thirteen weeks to less than two years One week
Two years to less than five years Two weeks
Five years to less than ten years Four weeks
Ten years to less than fifteen years Six weeks
More than fifteen years Eight weeks

An employee who has 13 weeks service with his/her employer

is obliged to give one week’s notice to his/ her employer when
resigning, unless there is a written contract of employment
that provides for a longer period, in which case this notice
period must be given.

Employment contracts can be terminated in a variety of ways,

such as dismissal, redundancy, or insolvency. Employers should
be familiar with the rules relating to termination of
employment in any of these contexts. To justify a dismissal, an
employer must show that it either resulted from one or more
of the following causes:

(a) the capability, competence or qualifications of the

employee for the work s/he was employed to do;
(b) the employee’s conduct;
(c) redundancy;
(d) the fact that continuation of the employment would
contravene another statutory requirement;
(e) that there were other substantial grounds for the dismissal.
24
Redundancy
A redundancy situation arises, in general, where a job no longer
exists and the person is not replaced.

Under the Redundancy Payment Scheme all eligible employees

are entitled to a statutory redundancy lump sum payment on
being made redundant. An employee is entitled to two weeks
pay for every year of service, with a bonus week added on,
subject to the prevailing maximum ceiling on gross weekly pay
which is €600 with respect to redundancies notified and/or
declared on or after 1st January 2005.

An employee must have at least two years continuous service

(104 weeks) to qualify for statutory redundancy. An employer
who is making an employee redundant must give appropriate
notice to the employee according to the length of service
under the Minimum Notice and Terms of Employment Acts
1973 – 2005 or the employee’s contract.

However, notice of redundancy is only required two weeks

before the termination of employment and must be given in
writing. This can be done either by using Part A of the RP50
form (see below) or by informing the employee in writing of
the redundancy. The employee should not sign Part B of the
RP50 form until they have actually received their redundancy
payment. For more information including how to calculate
redundancy entitlements using the redundancy calculator, log
onto www.welfare.ie.

The Redundancy Payments Acts 1967 to 2014 provide that the

redundancy lump-sum must be paid direct to the employee.
Statutory redundancy rebates to employers only apply where
the date of dismissal due to redundancy is before 1st January,
2013. Information for employers on making a redundancy
rebate claim to the Department of Employment Affairs and
Social Protection using the online facility (Form RP50) is
available at www.welfare.ie.

25
Collective redundancies: Where employers are planning
collective redundancies, they are obliged to supply the
employees’ representatives with specific information regarding
the proposed redundancies and to consult with those
representatives at least 30 days before the dismissal takes
place to examine if the redundancies can be avoided or
lessened or their effects mitigated.

Codes of Practice and

Other Requirements
In places of employment the establishment of certain policies
and procedures, such as those dealing with discipline and
grievances, dignity at work (including bullying and harassment),
is considered necessary, while the establishment of other
policies and procedures, such as data protection and absence
policies, is considered best practice. This will vary in
importance for employers depending on the type of business
involved.

A number of organisations, including the Workplace Relations

Commission, the Health and Safety Authority and the Office of
the Revenue Commissioners have produced codes of practice
which may be useful for employers. (See Appendix II for a
schedule of useful Codes, Leaflets, Explanatory Booklets and
other literature).

There are a range of other matters which must also be

considered when employing people, including tax and social
welfare, pensions, equality, data protection and health and
safety requirements. A list of Organisations and associated
contact details is available in Appendix I to this booklet).

26
Enforcement
Complaints in relation to alleged contraventions of
employment and equality legislation may be presented to the
Workplace Relations Commission. The Commission’s
e-Complaint Facility can be accessed at
www.workplacerelations.ie. Depending on the nature of the
complaint, the matter will be referred for either investigation
or adjudication.

Inspection: Inspectors of the Workplace Relations

Commission are authorised to carry out inspections,
examinations or investigations for the purposes of monitoring
and enforcing employment legislation.

Where an Inspector determines that a contravention of

specified areas of employment law (including the non-payment
of certain monies due to an employee under employment law)
has taken place, and the employer concerned fails or refuses to
rectify the non-compliance the Inspector may issue a
Compliance Notice setting out the steps the employer must
take to effect compliance. If the employer does not appeal and
fails or refuses to rectify or set out in writing how he or she
proposes to rectify the matters set out in the notice, the
Workplace Relations Commission may initiate prosecution
proceedings against the employer.

In respect of a specified range of acts of non-compliance on

the part of employers, an Inspector may serve a fixed payment
notice. If the person on whom the notice is served pays the
amount specified in the notice the matter does not proceed to
Court. However, if the person fails or refuses to pay the amount
the matter can be progressed to the District Court where the
defendant can defend their position in the normal way.

WRC inspectors are also appointed by the Minister for Business,

Enterprise and Innovation as authorised officers for the
purposes of the Employment Permit Acts 2003-2014.

27
Adjudication: Adjudication Officers of the Workplace
Relations Commission (WRC) are statutorily independent in
their decision making duties as they relate to adjudicating on
complaints referred to them by the WRC Director General.

The Adjudication Officer’s role is to hold a hearing where both

parties are given an opportunity to be heard by the
Adjudication Officer and to present any evidence relevant to
the complaint. Hearings of the Workplace Relations
Commission are held in private. The Adjudication Officer will
not attempt to mediate or conciliate the case. Parties may be
accompanied and represented at hearings by a trade union
official, an official of a body that, in the opinion of the
Adjudication Officer, represents the interests of employers, a
practicing barrister or practicing solicitor or any other person, if
the Adjudication Officer so permits.

The Adjudication Officer will then decide the matter and give a
written decision in relation to the complaint. The decision,
which will be communicated to both parties and published,
will

(a) declare whether the complainant’s complaint was or

was not well founded,
(b) require the employer to comply with the relevant
provision(s),
(c) require the employer to make such redress as is just
and equitable in the circumstances.

A party to a complaint may appeal to the Labour Court from a

decision of an Adjudication Officer.

28
Mediation: the Workplace Relations Commission (WRC) may
be in a position to offer a mediation service in certain cases to
facilitate the resolution of complaints/disputes where possible
at an early stage and without recourse to adjudication.
Complaints/ disputes may only be referred for mediation with
the agreement of both parties to the complaint/dispute.

Mediation seeks to arrive at a solution through an agreement

between the parties, rather than through an investigation or
hearing or formal decision. The Mediation Officer empowers
the parties to negotiate their own agreement on a clear and
informed basis, should each party wish to do so. The process is
voluntary and either party may terminate it at any stage.

Mediation can take the form of telephone conferences with the

parties, face-to-face mediation conferences/ meetings or such
other means as the Mediation Officer considers appropriate.

The terms of a resolution are binding on the parties and if

either party contravenes these terms, the contravention will be
actionable in any court of competent jurisdiction.

Referral form can be found on www.workplacerelations.ie or

email: [email protected]
Tel: 01- 6136700 • Lo-call: 0818 220 227

29
Appendix I:
Organisations that can assist with
Employment Issues
Organisation Relevant Functions Contact Details
Workplace Information provision, Lo-call 0818 808090
Relations complaints investigation Website Contact Us page
Commission and adjudication, mediation, www.workplacerelations.ie
conciliation, young persons
and employment agency
licensing.

Department of Issue of employment Lo-call 0818 808090

Business, permits. www.dbei.gov.ie
Enterprise and
Innovation

Labour Court Appeals against Lo-call 0818 220228 or

adjudication decisions and 01 6136666
compliance notices. www.workplacerelations.ie

Citizens Information on public www.citizensinformation.ie

Information services and entitlements.

Companies Holds company information, Lo-call 0818 220226 01

Registration incorporates companies 8045200
Office and enforces the Email: [email protected]
Companies Acts. www.cro.ie

Data Protection Protects the right to privacy 057 8684800

Commission under the Data Protection 076 1104800
Acts and provides www.dataprotection.ie
information on individuals
rights and organisations
responsibilities.

Department of Responsible for promoting Lo-call 0818 800699

Employment a caring society through (Redundancy Payments)
Affairs and ensuring access to income www.welfare.ie
Social Protection support and other services,
enabling active
participation, promoting
social inclusion and
supporting families.

30
Organisation Relevant Functions Contact Details
Scope Section Gives decisions and 01 6732585
(Department of information on the Email: [email protected]
Employment insurability of employment www.welfare.ie
Affairs and in accordance with the law.
Social Protection)

Health and Safety Responsibility for securing Lo-call0818 289389

Authority safety, health and welfare or 01-6147000 Email:
at work. [email protected] www.hsa.ie

Irish Human Protection and promotion Lo-call

Rights and of equality. 0818245545 or 01
Equality 8589601 Email:
Authority [email protected]
www.ihrec.ie
Revenue The assessment and See contact locator on
Commissioners collection of taxes. www.revenue.ie

The Private Responsibility for licensing 062 32600

Security Authority and regulating the private Email: [email protected]
security industry in Ireland. www.psa.gov.ie

The Pensions Monitors the Pensions Act, Lo-call 0818 656565 or

Authority protects the interests of 01 6131900
company pension scheme Email:
members and PRSA [email protected]
contributors; and www.pensionsauthority.ie
encourages pension
provision.

31
There are a range of Employer Representative Bodies and
Trade Unions who provide information, advice and advocacy in
the area of employment and equality legislation:

Irish Congress of Trade Unions

Tel: 01 8897777
Email: [email protected]
www.ictu.ie

Irish Business and Employers Conference

Tel: 01 6051500
Email: [email protected]
www.ibec.ie

Small Firms Association

Tel: 01 6051500
Email: [email protected]
www.sfa.ie

Irish Small and Medium Enterprises Association

Tel: 01 6622755
Email: [email protected]
www.isme.ie

Migrant Rights Centre of Ireland

Tel: 01 8897570
Email: [email protected]
www.mrci.ie

32
Appendix II:
Useful Publications
l Guide to Employment, Labour and Equality Law
l An Employer’s Guide to WRC Inspections
l Revenue Commissioners Code of Practice for Determining
Employment of Self-Employment status of Individuals
l Information on Holidays and Public Holidays Organisation
of Working Time Act, 1997: Explanatory Booklet
l The Organisation of Working Time Act, 1997.
Explanatory Leaflet for Employers and Employees
l Organisation of Working Time Act, 1997.
Sunday premium/Provision of Information/Zero Hours:
Explanatory Leaflet for Employers and Employees
l Organisation of Working Time Act, 1997. Code of Practice on
Compensatory Rest Periods: Explanatory Booklet
l Organisation of Working Time Act, 1997. Code of Practice on
Sunday Working in the Retail Trade
l Code of Practice for Protecting Persons Employed in Other
People’s Homes: Explanatory Booklet
l Health and safety Authority’s Code of Practice for Addressing
Bullying in the Workplace
l Payment of Wages Act: Explanatory Booklet for Employers
and Employees
l Detailed Guide to the National Minimum Wage Act, 2000
l Terms of Employment (Information) Act, 1994 and 2001:
Explanatory Booklet for Employers and Employees
l A Guide to the Industrial Relations Act, 1990
l A guide to the Employees (Provision of Information and
Consultation) Act 2006
l Protection of Employees (Fixed-Term Work) Act, 2003:
Explanatory Booklet for Employers and Employees

33
l Protection of Employees (Part-Time Work) Act, 2001:
Explanatory Booklet for Employers and Employees
l Protection of Young Persons (Employment) Act, 1996:
Guide for Employers and Employees
l Protection of Young Persons (Employment) Act, 1996.
Summary of main rules on employing people under 18
l Code of Practice concerning the employment of young
persons in Licensed Premises
l Guide to the Redundancy Payments Scheme
l Minimum Notice and Terms of Employment Acts, 1973 to
2001: Explanatory Leaflet for Employers and Employees
l Carer’s Leave Act, 2001: Explanatory Booklet for Employers
and Employees
l European Communities (Protection of Employees on
Transfer of Undertakings) Regulations, 2003: Explanatory
Booklet for Employers and Employees
l Code of Practice Dispute Procedures including in Essential
Services
l Guide to the Insolvency payments scheme: Explanatory
Booklet
Many of the above publications are available to download from
www.workplacerelations.ie.

34
 CONTACT DETAILS
The Workplace Relations Commission (WRC)
O’Brien Road, Carlow
Telephone: (059) 9178800
www.workplacerelations.ie

Information Services
Tel: (059) 9178990 – Lo-Call: 0818 808090

Inspection Services
Tel: (059) 9178800 – Lo-Call: 0818 220100

Adjudication Services
Tel: (01) 613 3380

Mediation Services
Tel: (01) 6136700 – Lo-Call: 0818 220227

Conciliation and Facilitation Services

Tel: (01) 6136700 – Lo-Call 0818 220227

Advisory Services
Tel: (01) 6136700

Licensing
(Employment of Young Persons and Agencies)
Tel: (059) 9178800

Callers should note that the rates charged for the use of
0818 (Lo-Call) numbers may vary among different service
providers.

36
Workplace Relations Commission (WRC)

O’Brien Road, Carlow

Telephone: (059) 9178800

www.workplacerelations.ie