Employment Rights

With most people working either part or full time during college and with summer coming up, this guide relating to payment of wages, working hours, contract of employment and unfair dismissal should be a starting point for allowing you to ensure your employment rights aren’t being trampled upon.

Payment of Wages.

Minimum wage in Ireland is 8.65 per hour. The Payment of Wages Act 1991 states that every employee is entitled to a payslip. This will allow you to see all your deductions, your tax status and your net pay. Every employee is entitled to holiday pay, even if part time. Often this is can be varied by contract, such as a clause in the contract stating ‘Must work X hours a week to be entitled to holiday pay’. Generally, part-time workers are entitled to 8% of their total hours worked in holiday pay.

Working Hours.

The Organisation of Working Time Act 1997 expressly states employee’s hours of work and rest breaks. A maximum hours that can be worked is a 48 hour period over a period of 4 months, this means that for example, 56 hours could be worked one week and 40 hours the following week.

All employees must be given a 15 minute rest break every 4.5 hours and a 1 hour rest break after 6 hours. An employee must have a break of 11 hours every 24 hours.

Contract of Employment.

An employee must be provided with a written statement of the terms and conditions of their employment within 2 months of commencement of employment. This is generally done in the form of a contract. There are 13 conditions that must be included:

1. The full names of the employer and employee.

2. Address of the employer.

3. The place of work.

4. The title of the job and nature of the work.

5. The date of commencement of the employment.

6. The expected duration of the employment, if a temporary contract.

7.  The remuneration of the employee. 

8. When and how the remuneration is payable.

9. Hours of work.

10. Any terms and conditions in relation to paid leave.

11. Any terms and conditions relating to pensions and incapacity owing to sickness or injury.

12. The period of notice of termination for both the employer and employee.

13. A reference to any collective agreements which directly affect the terms of employment.

Unfair Dismissal.

An employee with over one year continuous service is entitled to bring a claim under the Unfair Dismissals Acts 1977-2011. However if the reason for dismissal is pregnancy or Trade Union membership, then employees are protected from day one of their employment.

It is for the employer to prove that there were substantial grounds to justify the dismissal and if a finding of unfair dismissal is to be avoided, not only must the employer establish that the reasons for the dismissal were fair but also that the procedures followed were fair and constitutionally acceptable.

Proceedings must be instituted within 6 months of the date of dismissal or within 12 months in exceptional cases.

Ella Weld

GCD FLAC