John M Shanahan & Co.

linking practice to business

Chartered Accountants
Registered Auditors

Phone: 057 93 22100

email: info@shanahan.ie

Terms of Employment


The Terms of Employment (Information) Act 1994 provides 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.

 

 

 

 

 

 

 

 

It must include the following:

The full names of the employer and the employee
The address of the employer
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

Job title or nature of the work
Date of commencement of employment
If the contract is temporary, the expected duration of employment

If the contract is for a fixed-term, the date on which the contract expires
The rate of pay or method of calculating pay
Whether pay is weekly, monthly or otherwise

Terms or conditions relating to hours of work, including overtime
Terms or conditions relating to paid leave (other than paid sick leave)
Terms or conditions relating to incapacity for work due to sickness or injury
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

Useful Links
Guidance - Terms and Conditions of Employment

For further information download - Guide to Terms of Employment Guide.

Follow the link to the relevant legislation; The Terms of Employment (Information) Act 1994.


Part-time & Agency Workers

A part-time worker can be compared to a full-time worker when:

The part-time worker performs the same work as the full-time worker under the same or similar conditions (or both workers are interchangeable with the other in relation to the work).

The work performed by one of the employees is of the same or a similar nature to that performed by the other worker. In addition, any differences between the work performed or the conditions under which it is performed by each worker are either of little importance in relation to the work as a whole, or occur so irregularly as not to be insignificant

and

The work performed by the part-time employee is equal or greater in value to the work performed by the other employee concerned.

The Act ensure that a part-time employee cannot be treated less favourably than a comparable full-time employee regarding conditions of employment.

It aims to enhance the quality of part-time work.

Facilitate the development of part-time work on a voluntary basis and to contribute to the flexible organisation of working time in a way that takes account of the needs of employers and workers.

Protection of Employees (Part-Time Work) Act 2001

The Agency Work Act provides that equal treatment in terms of basic working and employment conditions must be applied to temporary agency workers in the same way as if they were directly recruited by the hirer to the same or similar job.

For further information visit the Protection of Employees (Temporary Agency Work) Act 2012


Fixed Term Workers

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.

Follow the link to the relevant legislation; Protection of Employees (Fixed Term) Work Act 2003.

Transfer of Undertakings

A transfer of undertakings occurs when a business or part of a business is taken over by another employer as a result of a merger or transfer.

When a transfer takes place there is a legal obligation on the new employer to take on the existing staff of the business or the part of the business concerned. The employee's accrued service with his or her original employer is deemed to have been with the new employer. The employee is entitled to terms and conditions of employment with the new employer which are no less favourable than those he or she enjoyed with the previous employer immeditely prior to the transfer.

For further information download our guide to Transfer of Undertakings EU Directive.

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