Terms of Employment (Information) Acts, 1994-2001
The Terms of Employment (Information) Acts 1994 and 2001 state that an employer is obliged to provide an employee with a written statement of terms of employment within the first two months of the commencement of employment.
- The statement of terms must include the following information:
- The full name of the employer and the employee
- The address of the employer
- The place of work
- The title of job or nature of work
- The date the employment started
- If the contract is temporary, the expected duration of the contract
- If the contract of employment is for a fixed term, the details
- The rate of pay or method of calculation of pay
- The pay reference period for the purposes of the National Minimum Wage Act, 2000
- Pay intervals (whether they are daily, weekly, monthly or otherwise)*
- Details of paid leave (breaks, rest periods and leave must conform to the Organisation of Working Time Act 1997)*
- Sick pay and pension (if any)*
- Period of notice to be given by employer or employee*
- Details of any collective agreements that may affect the employee’s terms of employment.*
* In the case of these items instead of giving each employee the details in writing, the employer may refer an employee to other documents, for example, a pension scheme booklet or a collective agreement, provided that the employee has easy access to such documents.
The employer may also refer the employee to other documents or Orders of the Labour Court which contain the information required. The statement must be signed by or on behalf of the employer and must be retained by the employer for one year after the employment has ceased. An employer is further required to notify the employee of any changes to the particulars listed above, not later than one month after the change comes into effect.
The contract can include a probationary period and can allow for this period to be extended. The Unfair Dismissals Acts will not apply to the dismissal of an employee during a period at the beginning of employment when she/he is on probation or undergoing training, provided that:
- The contract of employment is in writing
- The duration of probation or training is one year or less and is specified in the contract.
The above exclusion from the Acts will not apply if the dismissal results from trade union membership or activity, pregnancy related matters, or entitlements under the maternity protection, parental leave, adoptive leave and carer’s leave legislation.
If your employer fails to give you written details of the terms of your contract, you can bring a complaint to a Rights Commissioner through your SIPTU official. You must make the complaint while you are in employment or within six months of leaving your employment.