1. Contracts of Employment
- Written Contract: Must be provided within 2 months of starting. It includes terms like hours of work, job description, pay, and conditions.
- Zero-Hours Contracts: Generally prohibited except in specific cases, such as emergencies or short-term replacement.
2. Part-Time Work:
- Protection for Part-Time Workers: Part-time employees have the same rights as full-time workers. Employers cannot treat them less favorably unless objectively justified.
3. Overtime Pay:
- Overtime: Employers are not required by law to pay for overtime unless stated in the employment contract. However, the overall hourly pay cannot fall below the National Minimum Wage (€11.30 as of 2024).
4. Sending Employees Home Due to Lack of Work:
- If a business sends workers home due to lack of work, employees may still be entitled to payment unless their contract allows for such circumstances. Guaranteed hours or compensation is required unless on a zero-hour or flexible contract.
- Lay-Off or Short-Time Working: Employers can implement lay-off or reduced working hours due to lack of business, but the employee may be entitled to redundancy if this situation lasts over 4 weeks consecutively or 6 non-consecutive weeks over 13 weeks.
5. Rest Periods and Working Hours:
- Maximum Working Hours: 48 hours per week, averaged over four months.
- Rest Breaks: Employees must receive a 15-minute break after 4.5 hours of work, and a 30-minute break after 6 hours of work.
6. Dismissal and Notice Periods:
- Unfair Dismissal: Employees with over 12 months of continuous service are protected under the Unfair Dismissals Acts. Valid reasons for dismissal include misconduct, incapability, redundancy, or other substantive reasons.
- Notice: The minimum notice period depends on the length of service:
- Less than 2 years: 1 week
- 2-5 years: 2 weeks
- 5-10 years: 4 weeks
- 10-15 years: 6 weeks
- Over 15 years: 8 weeks
7. Redundancy Pay:
- Employees with at least 2 years of continuous service are entitled to redundancy pay if their position is made redundant.
8. Holiday Entitlements:
- Employees are entitled to four weeks of paid annual leave, which can be pro-rated for part-time staff based on the hours worked.
For more detailed information, you can refer to the Workplace Relations Commission or check the specific provisions in the Organisation of Working Time Act and the Unfair Dismissals Act in Ireland.
Compliance Requirements:
- Contracts: Failure to provide written contracts within 2 months can result in employee complaints to the WRC.
- Working Hours and Overtime: Violating the 48-hour workweek or failing to provide proper rest breaks can lead to fines or legal action.
- Dismissal and Redundancy: Failing to follow proper notice periods or redundancy procedures may result in claims for unfair dismissal, with compensation awards up to two years’ pay.
Consequences of Non-Compliance:
- Fines: Employers may face fines ranging from €1,500 to €5,000 per offense.
- Compensation: Employees may be awarded compensation for breaches, particularly in unfair dismissal and redundancy cases.
- Court Actions: Persistent non-compliance can escalate to legal proceedings, where penalties may increase.
WRC Inspections:
The Workplace Relations Commission (WRC) conducts random or complaint-based inspections to ensure compliance with the Organisation of Working Time Act, Payment of Wages Act, and other labor laws. During these inspections, the WRC may check:
- Employee records
- Contracts
- Overtime logs
- Compliance with minimum wage, holiday entitlements, and working hours.
Employers found in breach of these regulations may be required to correct violations immediately, face fines, or be taken to court depending on the severity of the infraction.
Appeals and Complaints:
Employees can submit complaints to the WRC if their employer is not complying with their legal obligations. Employers may appeal decisions made by the WRC, but during this period, compliance with corrective actions must still be maintained.