26 Oct The 5 Day Statement

An employer must notify each new employee, in writing, within five days of commencement of employment, of the following core terms of employment:

1. the full names of the employer and the employee;
2. the address of the employer or of the principal place of business in the State;
3. 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;
4. the title, grade, nature or category of work for which the employee is employed or a brief description of the work;
5. the date of commencement of the contract of employment;
6. the duration and conditions relating to a probationary period, if applicable;
7. 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;
8.  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;
9. the number of hours the employer reasonably expects the employee to work per normal working day and per normal working week;
10. any terms and conditions relating to hours of work (including overtime);
11. If applicable, the employer’s policy on the manner in which tips or gratuities and mandatory charges are treated.       

An employer must also provide each new employee with a written statement of terms of employment within one month of commencement of employment. The written statement must include the following:

• The full names of the employer and the employee
• The address of the employer
• The employee may request a written statement of the average hourly rate of pay
• Whether pay is weekly, fortnightly, monthly or otherwise*
• Terms or conditions relating to paid leave (other than paid sick leave)*
• Any terms or conditions relating to incapacity for work due to sickness or injury*
• Any terms or conditions relating to pensions and pension schemes*
• Periods of Notice or method for determining periods of notice*
• A reference to any collective agreements which affect the terms of employment
• A reference to any appliable REA or ERO and where the employee may obtain a copy of same
• The training entitlement, if any, provided by the employer
• If the employee is a temporary agency worker, the identity of the user undertakings
• If the work pattern is entirely or mostly unpredictable, the statement must state:
  • that that work schedule is variable, the number of guaranteed paid hours and the remuneration for work performed in addition to those guaranteed hours
  • the reference hours and days within which the employee may be required to work
  • 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
  • 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.

In relation to items marked with an asterisk (*) above, the employer may, as an alternative to providing all the details in the statement, use the statement to refer the employee to certain other documents containing the particulars. For example, such reference could be to an Employment Regulation Order, Registered Employment Agreement, or collective agreement relating to the particular employment involved. However, the separate documentation referred to should be readily accessible to the employee for reference purposes.