Employment Contracts
Why Are Contracts Necessary?
Employment contracts are essential in all businesses to ensure that there is clarity on what has been agreed and what is expected in the workplace, as well as to keep your business legally compliant with it’s statutory requirements. Under the Terms of Employment (Information) Acts, 1994 and 2014, employers are required to provide in writing details of specified terms and conditions of employment within two months of commencement of employment and employees may receive 4 weeks salary as compensation for a breach of this requirement. In addition, under the Employment (Miscellaneous Provisions) Act 2018, there are five core terms that must be provided within five days of the commencement of employment, with serious penalties provided in the legislation for non-compliance. These core terms are
Useful Contract Clauses
In addition to the minimum statutory details that employers are obliged to provide their employees with, there are a number of other practical clauses that should be included in a contract of employment, including
- probationary period
- the right to lay off and put employees on short time
- mobility & travel requirements
- normal retirement age
- the right to pay in lieu of notice
- the right to search
- the right to make deductions from salary
- restrictive and non- compete covenants
- confidentiality requirements
Temporary Contracts
Contracts for temporary employment situations (maternity leave and sick leave cover, project work etc) also have very specific rules and requirements on how they are used as stipulated in the Protection of Employees (Fixed Term Work) Act 2003 and failure to adhere correctly to the strict guidelines on their use can result in costly compensation awards to employees. Legitimate and properly drafted temporary contracts can offer protection to employers against an unfair dismissal claim being brought when a temporary contract is terminated, provided that an unfair dismissal waiver has been included in a written contract detailing the reasons for the temporary contract.
Tailored Contracts For Your Business
HR Solutions can draft comprehensive tailored employment contracts for your employees (permanent, part-time, full-time, temporary) detailing all relevant terms and conditions, in order to ensure that all aspects of the employment relationship are clearly documented and that you are fully complying with relevant legislation. A detailed employment contract supported by relevant HR procedures in an employee handbook can protect your business from unnecessary litigation and help avoid costly misunderstandings about the obligations and rights of both employers and employees in the workplace.
For further information on employment contracts, email info@hrsolutions.ie, telephone (071) 9642748 or book an appointment online for an initial consultation.