Guide to Employment, Labour and Equality Law

Updates to Guide to Employment, Labour and Equality Law Since we published our Guide to Employment, Labour and Equality Law in September 2018 there have been changes under employment law. Below your will find the latest changes.

Starting Employment Working Hours Day five statement Zero Hours Within five days of starting work, all The Organisation of Working Time Act employees must get a written statement of 1997 (OWTA) is amended to prohibit zero the following core terms of employment: hour contracts except in the following circumstances: 1. the full names of the employer and • where the work is of a casual nature the employee • where the work is done in emergency 2. the address of the employer circumstances 3. the expected duration of the contract, • where short-term relief work is used to cover routine absences for the in the case of a temporary contract, or employer the end date if the contract is a fixed- term contract 4. the rate or method of calculation of Minimum payment in certain the employee’s pay circumstances 5. the number of hours the employer reasonably expects the employee to A new minimum payment will apply when work per normal working day and per an employee on a zero hours contract, is called in to work and does not receive the normal working week expected hours of work. This is as well as the full written statement The minimum payment is calculated as of terms of employment which must be three times the national minimum hourly given within two months of starting the rate of pay or three times the minimum job. hourly rate of pay set out in an Employment Regulation Order (if one exists for that National Minimum Wages sector and for as long as it remains in Pay/Wages force). Under the new Employment Miscellaneous Provisions Act 2019 wage rates for The already existing method of payment employees under 18 and those over 18 (at least 25% of the contract hours or 15 have been simplified and will be solely hours) continues to apply overall. based on age. Trainee rates of pay have been abolished. Banded Hours provisions

Sectoral Employment Order • Employees whose contract of employment or statement of terms of employment does not reflect the A Sectoral Employment Order (SEO) setting reality of the hours they habitually legally binding rates of pay and terms and work are entitled to request to be conditions for the Electrical Contracting placed in a band of hours that better sector came into effect on the 1 September reflects the hours they have worked 2019. over a 12-month reference period. The bands of hours are as follows:

Band From To A 3 hours 6 hours B 6 hours 11 hours C 11 hours 16 hours D 16 hours 21 hours E 21 hours 26 hours F 26 hours 31 hours G 31 hours 36 hours H 36 hours and over

• If you are an employee, you must be Paternity leave working for your employer for at least a year before making this request Paternity leave of two weeks is available to a relevant parent within 26 weeks of the birth of their child. A paternity Annual leave and certified sick leave benefit payment is available for qualifying relevant parents from the Department of From the first day in a job employees are Employment and Social protection. building up holiday entitlements even if they are on certified sick leave and Parental leave whether they are part-time or full time. If The maximum period of parental leave an employee is on certified sick leave at increased from 18 to 22 weeks from 1 the end of the leave year the annual leave September 2019, and increases again to they have earned and have not been able 26 weeks from 1 September 2020. The to take is carried over and available to take age of the child for which parental leave is for the next 15 months. available has increased from 8 to 12 years. For a child with a disability the parental leave age threshold remains unchanged Family friendly leave and is available up to the age of 16. Maternity leave and premature birth Mothers of premature babies born over Visit our website workplacerelations.ie two weeks before their due date are for more detailed information or call our entitled to extend their maternity leave by information service on 1890 80 80 90. the difference between the birth date and Follow us on Twitter @WRC_ie the date maternity leave was due to start. Ordinarily maternity leave commences no later than two weeks before the due date. Published September 2019 Guide to Employment, Labour and Equality Law

Workplace Relations Commission Information and Customer Services O’Brien Road, Carlow Lo-call: 1890 808090 www.workplacerelations.ie

Important Note This Guide is not intended to be a complete or authoritative statement of the law.

Table of Contents

1. Introduction 5 Maximum night working time 23 2. Workplace Relations Definitions, exemptions and other features of the Working Time Act 23 Offices and Services 5 Holidays 24 Department of Business, Enterprise and Innovation 5 Public Holidays 25 The Workplace Relations Commission 6 Sunday Premium 25 The Labour Court 6 Zero Hours 26 Employment Appeals Tribunal 7 Records 26 Complaints 26 Low Pay Commission 7 Additional Information 27 Health and Safety Authority 8 Mechanisms for Setting Terms and Conditions 9 5. Part-Time Employees 29 Adjudication Services 10 General 29 Mediation Services Who is Covered By The Act? 29 (Employment Rights Issues) 11 Objective grounds 30 Inspection and Enforcement Services 12 Part-Time Employee 30 Mediation (Internal Workplace Issues) 12 Full-Time Employee 30 Conciliation Services 13 Comparable Employee 30 Advisory Services 13 Agency Worker 31 Important Contacts 14 Complaints 31 Additional Information 31 3. Commencing Employment 17 Contract of Employment 17 6. Fixed-Term Workers 33 Employment Permits 17 General 33 Terms of Employment (Terms of Who is Covered by the Act? 34 Employment (Information) Acts) 18 Objective grounds 34 Complaints 19 Fixed-Term Employee 34 Additional Information 20 Permanent Employee 34 Comparable Permanent Employee 34 4. Working Hours 21 Objective Conditions 35 Organisation of Working Time Objective Grounds Justifying Act 1997 21 a Renewal 35 Maximum Weekly Working Time 21 Indefinite Fixed-Term Contracts 35 Rest 22 Employees on fixed-term contracts 36 Night Workers 23 Vacancies and training opportunities 36

3 Information about fixed-term working 36 Training / Study Criteria 44 Complaints 36 Records 45 Additional Information 36 Overtime 46 Methods of Payment 46 7. Employment of Children Statement of Wages 46 and Young Persons 37 Deductions 46 General 37 Sick Pay and Sick Leave 47 Children over age 14 38 Complaints 47 Young People 38 Additional Information 48 Additional Information 38 10. Termination of Employment 49 8. Carer’s Leave 39 Minimum Notice 49 General 39 Redundancy 50 Who is covered by the Act? 39 Collective Redundancies 51 Entitlement to Carer’s Leave 39 Insolvency 52 Meaning of ‘Full-time care Dismissal 53 and attention’ 40 Complaints 56 Manner in which Carer’s Leave Additional Information 56 may be taken 40 Intervals between periods of Carer’s Leave 40 11. Equality 57 Protection of Employment Rights 41 Employment Equality 57 Protection against Penalisation Collective Agreements 57 including Dismissal 41 Occupational Pensions 57 Notification of Intention to take Equal Status 58 Carer’s Leave 41 Complaints 58 Exceptional or Emergency Circumstances 42 Confirmation of Carer’s Leave 42 12. Other Relevant Provisions 59 Complaints 42 Transfer of Undertakings 59 Additional Information 42 Rights of Posted Workers and of non-national workers in Ireland 60 Domestic Workers 61 9. Pay/Wages 43 Worker Participation 62 General 43 Employment Agencies 63 Minimum Rates of Pay 43 Who is covered? 43 Safety, Health and Welfare at Work 63 Minimum Hourly Rates of Pay 44 Complaints 65 Determining the average hourly Additional Information 65 rate of pay 44 Working Hours 44 Appendix I- Reckonable and Non-Reckonable Pay 44 Adjudication Redress Provisions 67

4 Workplace Relations Commission - Guide to Employment, Labour and Equality Law

1 Introduction

This booklet provides information on all other non-national workers working in employment rights and equality legislation Ireland under a contract of employment (See applying in Ireland. It should be noted that page 60-61 for more detail regarding posted this legislation applies to all workers working EU workers and other non-national workers). in Ireland including posted EU workers and

2 Workplace Relations Offices and Services

Department of Business, The Department strives to make all markets Enterprise and Innovation work more efficiently through smart regulation which, among other matters, encourages high standards of compliance, The Department’s overall mission is to and quality employment without unnecessary encourage the creation of high quality and regulatory costs. sustainable full employment by championing enterprise across government, supporting The Department’s responsibilities in regard a competitive enterprise base, promoting to industrial relations lie in the formulation of a low tax environment to incentivise work policy, support and oversight of the industrial and enterprise and promoting fair and relations institutions, the administration of competitive markets. industrial relations and trade union law and the monitoring of developments in industrial The Department ensures through work disputes. In addition the Department is at national and international levels that involved in the promotion of employee workplaces are safe, employment rights participation in the workplace. are appropriate and respected, harmonious industrial relations are promoted and any In addition, the Department of Business, disputes or contraventions are handled Enterprise and Innovation is responsible for efficiently and effectively; that skills needs the promotion, administration and review of are identified and met through alignment a variety of measures in the field of labour of education and training provision and, legislation and employment rights. as required, through targeted and efficient economic migration.

5 The Department also administers the The Commission’s core services include the Employment Permits system which facilitates inspection of employment rights compliance, enterprises to access talent from overseas the provision of information, the processing that is in short supply in the State. The suite of employment agency and protection of of supporting regulations ensures that the young persons (employment) licences and system remains attuned to the changing the provision of mediation, conciliation, labour market and enterprise environment. facilitation and advisory services.

The Commission has a board consisting The Workplace Relations of a chairperson and 8 ordinary members Commission appointed by the Minister for Business, Enterprise and Innovation. The Workplace Relations Commission (WRC) has responsibility for 4 promoting the improvement of The Labour Court workplace relations, and maintenance of good workplace relations, The Labour Court, established under the Industrial Relations Act 1946, provides a 4 promoting and encouraging comprehensive service for the resolution compliance with relevant enactments, of disputes about industrial relations 4 providing guidance in relation to and has sole appellate jurisdiction in all compliance with codes of practice disputes arising under employment rights approved under Section 20 of the enactments. The Court’s functions can be Workplace Relations Act 2015, divided between those relating to industrial relations matters and those relating to 4 conducting reviews of, and monitoring the determination of appeals in matters of developments as respects, workplace employment rights. Additionally, the Court relations, has a number of functions in relation to 4 conducting or commissioning research Joint Labour Committees and the making into matters pertaining to workplace of Employment Regulation Orders as well relations, as registering Joint Industrial Councils and Employment Agreements. 4 providing advice, information and the findings of research conducted by the The Court consists of 13 full-time members Commission to joint labour committees – a Chairman, 4 Deputy Chairmen and and joint industrial councils, 8 ordinary members representative of 4 advising and apprising the Minister employers (4) and workers (4). The Chairman in relation to the application of, and and Deputy Chairmen are appointed by compliance with, relevant enactments, the Minister for Business, Enterprise and and Innovation; the 4 Employers’ Members of the Court are nominated by IBEC (Irish Business 4 providing information to members of and Employers Confederation) and the 4 the public in relation to employment Workers’ Members of the Court are nominated enactments. by ICTU (Irish Congress of Trade Unions) and then appointed by the Minister. The Labour Court also has a legal adviser (the Registrar).

6 For the purposes of hearing cases, the Court 4 Redundancy Payments Acts, 1967 to operates in Divisions – a Division consists 2014 of a Chairman, an Employers’ Member and a Workers’ Member. Certain issues may require 4 Minimum Notice and Terms of a meeting of the full Court. Employment Acts, 1973 to 2005 4 Unfair Dismissals Acts, 1977 to 2015 The Industrial Relations Acts 1946 – 2015 assign various functions to the Court. These Appeals of Rights Commissioner functions are mainly concerned with the recommendations made before 1st October, investigation of trade disputes and the 2015 (legacy appeals) under Terms of issuing of recommendations on how the Employment, Payment of Wages, Unfair dispute should be resolved. The Labour Court Dismissal, Redundancy (Consultation and is not a court of law. Effectively, for most Information), Maternity Protection, Adoptive purposes, the Labour Court acts as a court of Leave, Carer’s Leave, Parental Leave, Protection last resort i.e. the services of the Court are of Young Person’s (Employment), Consumer availed of when the other options for the Protection (penalisation), Competition resolution of industrial relations disputes (penalisation), Chemicals (penalisation) and have been explored and exhausted. Transfer of Undertakings legislation are dealt with by the Employment Appeals Tribunal. The Labour Court also acts as a court of appeal in relation to the decisions Note that in accordance with the Workplace of Workplace Relations Commission Relations Act 2015 all complaints and Adjudication Officers and compliance notices disputes under employment, equality and issued by Commission inspectors. The equal status legislation which were presented Workplace Relations Act 2015 provides that after 30th September, 2015 will be dealt with the Court has sole appellate jurisdiction in by the Workplace Relations Commission. all disputes arising under employment right enactments. The EAT will remain in place to deal with legacy complaints and appeals on completion of which it will be dissolved. Employment Appeals Tribunal Updates in this regard are available on www.workplacerelations.ie. The Employment Appeals Tribunal (EAT) is an independent body bound to act judicially, and was set up to provide a fair, inexpensive and informal means for individuals to seek Low Pay Commission remedies for alleged infringements of their The remit of the Low Pay Commission (LPC) is to statutory rights. recommend levels for the minimum wage rates that will help as many low-paid workers as The Tribunal deals with first instance possible without any significant adverse impact employment rights complaints which were on employment or the economy. The advice the presented before 1st October, 2015 (legacy LPC offers the Government to achieve this is complaints) under the following legislation based on the best available evidence.

7 The Commission comprises 8 members The particular issues the Commission is and an independent Chairperson. There obliged to have regard to in considering its are members who have an understanding recommendation are — of the interests of employers, particularly small to medium-sized employers and (a) changes in earnings during the those operating in traditionally low relevant period, pay sectors, and who possess a good (b) changes in currency exchange rates knowledge and understanding of the during the relevant period, particular issues faced by Irish businesses, (c) changes in income distribution particularly in relation to labour costs and during the relevant period, competitiveness. There are members who have an understanding of the interests of (d) whether during the relevant employees, particularly the impact of living period— on the minimum wage and the sectors (i) unemployment has been where low pay and minimum wage workers increasing or decreasing, are concentrated. There are also academics (ii) employment has been with particular knowledge or expertise increasing or decreasing, and in relation to economics, labour market (iii) productivity has been increasing economics, statistics, and employment law, or decreasing, as well as proven competence in analysing both generally and in the sectors and evaluating economic research and most affected by the making of an statistical analysis. The term of office of a order, member of the Commission is three years (e) international comparisons, from the date of his or her appointment. particularly with Great Britain and A person may not be a member of the Northern Ireland, Commission for more than two consecutive (f) the need for job creation, and terms of office but is otherwise eligible for (g) the likely effect that any proposed re-appointment. order will have on — (i) levels of employment and The National Minimum Wage (Low Pay unemployment, Commission) Act 2015 requires the (ii) the cost of living, and Commission in making a recommendation to (iii) national competitiveness. the Minister on the National Minimum Wage (NMW) to have regard to a number of factors since the most recent making of a National Minimum Wage Order. Health and Safety Authority

The remit, and the legislation, also require The Health and Safety Authority is the national that the Commission give consideration to statutory body with responsibility for ensuring a range of issues in coming to a decision that all workers (employed and self-employed) on a recommendation to the Minister and those affected by work activity are protected for an appropriate rate for the minimum from work related injury and ill-health. This is wage. Some of the issues are, essentially, done by enforcing occupational health and matters of fact, while others necessitate an safety law, promoting accident prevention, element of assessment and appraisal, and and providing information and advice across considered judgement. all sectors, including retail, healthcare, manufacturing, fishing, entertainment, mining,

8 construction, agriculture and food services. Acts to provide machinery for fixing statutory The Authority was initially established under minimum rates of pay and conditions of the Safety, Health and Welfare at Work Act employment for particular employees in (1989), since replaced by the Safety, Health particular sectors. They may be set up by and Welfare at Work Act 2005, and it operates the Labour Court on the application of (i) under the aegis of the Department of Business, the Minister for Business Enterprise and Enterprise and Innovation. Innovation or (ii) a trade union or (iii) any organisation claiming to be representative The Authority’s primary functions include: of the workers or the employers involved. A JLC is made up of equal numbers of employer 4 Monitoring and enforcing compliance and worker representatives appointed by the with occupational health and safety Labour Court and a chairman and substitute legislation. chairman appointed by the Minister for 4 Providing information and expert Business Enterprise and Innovation. JLCs advice to employers, employees and operate in areas where collective bargaining is the self-employed. not well established and wages tend to be low. 4 Promoting workplace safety, health, The function of a JLC is to draw up proposals welfare, education and training. for fixing minimum rates of pay and conditions 4 Publishing research on workplace of employment for the workers affected. hazards and risks. When proposals submitted by a JLC are adopted by the Labour Court, the Minister for 4 Acting as Lead National Competent Business Enterprise and Innovation may give Authority for a number of chemicals statutory effect to the proposals through the regulations including REACH making of an Employment Regulation Order. (Registration, Evaluation, Authorisation Employers are then obliged to pay wage rates and Restriction of Chemicals) and provide conditions of employment not Regulation and the Seveso III Directive. less favourable than those prescribed. 4 Acting as Market Surveillance Authority for ensuring the safety of certain Any breaches of an Employment Regulation products used in workplaces and Order may be referred to the WRC for consumer applications. appropriate action. 4 Proposing new regulations and codes An employer of workers to whom an of practice to the Minister. Employment Regulation Order applies must keep records of wages, payments etc., and must retain these records for three years. Mechanisms for Setting Terms The employer must also post up a prescribed and Conditions notice in the place of employment setting out particulars of the statutory rates of pay JOINT LABOUR COMMITTEES and conditions of employment. Joint Labour Committees (JLCs) are bodies A list of JLCs is available at established under the Industrial Relations www.workplacerelations.ie .

9 REGISTERED EMPLOYMENT every worker of the class, type or group AGREEMENTS in the economic sector to which it is An Employment Agreement is an agreement expressed to apply, and his or her employer. relating to the remuneration or the The 2015 Act provides for exemptions in conditions of employment of workers of any specific circumstances from the obligation class, type or group made between a trade to pay remuneration set down in Sectoral union or trade unions of workers and one or Employment Orders. Any contraventions of more than one employer or a trade union of Sectoral Employment Orders may be referred employers, that is binding only on the parties to the WRC for appropriate action. to the Agreement in respect of the workers of that class, type or group. JOINT INDUSTRIAL COUNCILS Any party to an Employment Agreement Joint Industrial Councils (JICs) are voluntary may apply to the Labour Court to register the negotiating bodies for particular industries Agreement. The Labour Court shall register or parts of industries that are representative such agreements in the Register of Employment of employers and trade unions. A Council, Agreements – they then become Registered provided that it fulfils certain conditions, Employment Agreements - if it is satisfied may register with the Labour Court as a that they comply with rules set down in the Joint Industrial Council under the Industrial Industrial Relations (Amendment) Act 2015. The Relations Acts. The rules of such Councils effect of registration is to make the provisions must provide for the referral of disputes to of the Registered Agreement legally binding the Council for consideration before resort on the parties to the Agreement only. Any is had to industrial action. A registered JIC contraventions of a Registered Employment may request the Labour Court to appoint a Agreement may be referred to the WRC for chairperson and secretary to the Council. appropriate action.

Adjudication Services SECTORAL EMPLOYMENT ORDERS On foot of a request, from a trade union of Adjudication Officers of the Workplace workers, a trade union or an organisation Relations Commission (WRC) are statutorily of employers, or a trade union of workers independent in their decision making duties jointly with a trade union or an organisation as they relate to adjudicating on complaints of employers, the Labour Court can carry out referred to them by the WRC Director General. an examination of the remuneration, sick pay or pension scheme of workers in a particular The Adjudication Officer’s role is to hold a economic sector. The Labour Court, having hearing where both parties are given an considered the applicable economic factors, opportunity to be heard by the Adjudication may make a recommendation to the Minister, Officer and to present any evidence who shall, if he/she is satisfied that the relevant to the complaint. Hearings of the Labour Court, in making its recommendation Workplace Relations Commission are held has complied with the provisions of the in private. However, complaints may, in Industrial Relations (Amendment) Act certain instances, be disposed of by means 2015, accept the recommendation and by of written procedure (i.e. without hearing). Ministerial Order confirm the terms of the The Adjudication Officer will not attempt to recommendation. Such Order applies to mediate or conciliate the case. Parties may

10 be accompanied and represented at hearings of the WRC to offer mediation will depend on by a trade union official, an official of a body a number of factors including the availability that, in the opinion of the Adjudication of resources. Complaints/disputes may only Officer, represents the interests of employers, be referred for mediation with the agreement a practicing barrister or practicing solicitor or of both parties to the complaint/dispute. any other person, if the Adjudication Officer so permits. Mediation seeks to arrive at a solution through an agreement between the parties, The Adjudication Officer will then decide rather than through an investigation or the matter and give a written decision in hearing or formal decision. The Mediation relation to the complaint. The decision, Officer empowers the parties to negotiate which will be communicated to both parties their own agreement on a clear and informed and published, will basis, should each party wish to do so. The process is voluntary and either party may (a) declare whether the complainant’s terminate it at any stage. complaint was or was not well founded, Mediation can take the form of telephone (b) require the employer to comply with conferences with the parties, face-to-face the relevant provision(s), mediation conferences/meetings or such (c) require the employer to make such other means as the Mediation Officer redress as is just and equitable in the considers appropriate. circumstances. All communications by a Mediation Officer with the parties and all records and notes A party to a complaint may appeal to held for the purposes of resolving any matter the Labour Court from a decision of an are confidential and cannot be disclosed in Adjudication Officer. any subsequent hearing or investigation process or in proceedings before a court The redress that may be granted by an (other than proceedings in respect of a Adjudication Officer in the case of the contravention of the terms of a resolution different areas of employment and equality agreed during the mediation conference). legislation is set out an Appendix I. Where a complaint/dispute is resolved, whether by mediation or otherwise, the Mediation Services (Employment Mediation Officer will record in writing the terms of the resolution, the parties will be Rights Issues) asked to sign that record and the record of resolution will be given to the Director General In line with Section 39 of the Workplace of the Workplace Relations Commission. A Relations Act 2015, the Workplace Relations copy will also be given to each party. Commission (WRC) may be in a position to offer a mediation service in certain cases The terms of a resolution are binding on the to facilitate the resolution of complaints/ parties and if either party contravenes these disputes where possible at an early stage and terms, the contravention will be actionable in without recourse to adjudication. The ability any court of competent jurisdiction.

11 The terms of a resolution may not be to Court. However, if the person fails or disclosed by a Mediation Officer or by either refuses to pay the charge the matter can be party in any proceedings before a court progressed to the District Court where the (other than proceedings in respect of the defendant can defend their position in the contravention of the terms of the resolution). normal way.

Where a complaint/dispute is not resolved, WRC inspectors are also appointed by the the Mediation Officer will notify the parties Minister for Business, Enterprise and Innovation to the complaint or dispute and the Director as authorised officers for the purposes of the General of the WRC in writing of that fact. The Employment Permit Acts 2003 to 2014. Director General will then refer the complaint or dispute concerned for adjudication by an Adjudication Officer. Mediation (Internal Workplace Issues)

Inspection and Enforcement Mediation is a voluntary, confidential Services process that allows two or more disputing parties to resolve their conflict in a mutually Inspectors of the Workplace Relations agreeable way with the help of a neutral Commission are authorised to carry out third party, a mediator. inspections, examinations or investigations for the purposes of monitoring and enforcing The Workplace Mediation Service, which compliance with employment legislation. The is provided by officers of the Workplace identity of the complainant will not be divulged Relations Commission’s (WRC) Conciliation to the employer unless the complainant has and Advisory Services, provides a prompt, given his/her consent to do so. confidential and effective remedy Where an Inspector determines that to workplace conflicts, disputes and a contravention of specified areas of disagreements. Workplace mediation is employment law (including the non-payment particularly suited to disputes involving of certain monies due to an employee under individuals or small groups of workers. employment law) has taken place, and the Examples of such disputes would be: employer concerned fails or refuses to rectify the non-compliance the Inspector may issue 4 Interpersonal differences, conflicts, a Compliance Notice setting out the steps difficulties in working together the employer must take to effect compliance. 4 Breakdown in a working relationship If the employer does not appeal and fails or refuses to rectify or set out in writing how 4 Issues arising from a grievance and he or she proposes to rectify the matters set disciplinary procedure (particularly out in the notice, the Workplace Relations before a matter becomes a disciplinary Commission may initiate prosecution issue) proceedings against the employer. 4 Industrial Relations issues which have In respect of a specified range of acts of not been the subject of a referral to non-compliance on the part of employers, a WRC Adjudication Officer (trade an Inspector will serve a fixed charge notice. dispute), the WRC’s Conciliation Service If the person on whom the notice is served or the Labour Court. pays the charge the matter does not proceed

12 The Workplace Mediation Service is focused The conciliation process is informal and non- on assisting parties to deal effectively with legalistic in its practice. The parties are free issues that arise in the workplace. The to represent themselves or be represented by provision of this service is subject to the trade unions or by employer organisations. The availability of resources within the Workplace Commission does not believe that the nature Relations Commission. of the process requires legal representation of either party at conciliation meetings.

Conciliation Services All requests for assistance and inquires may be referred in writing and should be The purpose and mission of the Workplace directed to the Director of Conciliation, Relations Commission’s conciliation Workplace Relations Commission, Workplace service is to provide an impartial, fast and Mediation and Early Resolution Services and effective conciliation service operating to a or by contacting the Workplace Relations uniformly high standard in both the public Commission’s Conciliation Services or by and private sectors. using the online Conciliation Referral Form on www.workplacerelations.ie. Conciliation is a voluntary process in which the parties to a dispute agree to avail of a neutral and impartial third party to assist them in resolving their industrial relations differences. Advisory Services

The Workplace Relations Commission The Workplace Relations Commission’s provides a conciliation service by making Advisory Service promotes good practice available Industrial Relations Officers of the in the workplace by assisting and advising Commission to chair ‘conciliation conferences’. organisations in all aspects of industrial These officers are sometimes referred to as relations in the workplace. It engages ‘IROs’ or as ‘Conciliation Officers’. Conciliation with employers, employees and their conferences are basically an extension of representatives to help them to develop the process of direct negotiations, with an effective industrial relations practices, independent chairperson present to steer the procedures and structures. Such assistance discussions and explore possible avenues of could include reviewing or developing settlement in a non-prejudicial fashion. effective workplace procedures in areas such as grievance, discipline, communications and Participation in the conciliation process consultation. is voluntary, and so too are the outcomes. Solutions are reached only by consensus, It facilitates joint management–staff forums whether by negotiation and agreements to work through issues of mutual concern; facilitated between the parties themselves, for example workplace change or difficult or by the parties agreeing to settlement industrial relations issues. terms proposed by the Conciliation Officer. It provides good practice training workshops The Industrial Relations Officer treats as on a variety of aspects of the employment confidential all information received during relationship including the operation of the course of conciliation. workplace procedures and, through a facilitative process, can assist organisations to implement them. In addition, the Advisory

13 Service commissions and publishes research in industrial relations practice and theory. on current industrial relations themes. The In discussion with the parties concerned, a Advisory Service also facilitates a procedure designated member of the Advisory team to help management and employee will tailor assistance to fit the requirements representatives to resolve disputes in of individual organisations or firms, whether situations where negotiating arrangements large or small. This assistance is confidential are not in place and where collective to the parties and is provided free of charge. bargaining fails to take place. Requests for the assistance of the Advisory Members of the Advisory Service team are Service may be made by contacting the independent, impartial and experienced Workplace Relations Commission.

Important Contacts

Body/Office Role Email Telephone

Department of Overall policy and [email protected] 01-6312121 Business, Enterprise and strategy in relation to Innovation employment rights

Regulation of the employmentpermits Lo-call 1890 201616 Labour Market and @dbei.gov.ie or employment permits 01-4175333

Workplace Relations Information Provision See contact us page on Lo-call 1890-808090 Commission www.workplacerelations.ie or 059 9188990

Complaints/Dispute See contact us page on 1890-808090 receipt and registration www.workplacerelations.ie

Adjudication Services See contact us page on 01-6313380 www.workplacerelations.ie

Inspection & See contact us page on Lo-call 1890 220100 Enforcement Services www.workplacerelations.ie or 059 9178800

Mediation Services See contact us page on Lo-call 1890 220227 www.workplacerelations.ie or 01-6136700

Protection of Young See contact us page on 059-9178800 Persons (Employment) www.workplacerelations.ie and Employment Agency licensing.

14 Body/Office Role Email Telephone

Conciliation & See contact us page on Lo-call 1890 220227 Facilitation Services www.workplacerelations.ie or 01-6136700

Workplace Mediation See contact us page on Lo-call 1890 220227 Service www.workplacerelations.ie or 01-6136700

Advisory Services advisory 01-6136700 @workplacerelations.ie

Low Pay Commission Advises the Government [email protected] 01-6313055 in relation to levels for national minimum pay

Employment Appeals Adjudication on [email protected] Lo-call 1890 220222 Tribunal complaints referred or to the EAT before 1st 01-6313006 October, 2015

Labour Court Appeals against [email protected] Lo-call 1890 220228 adjudication decisions or and compliance notices 01-6136666 and the investigation of industrial relations disputes

Irish Human Rights Protection and [email protected] Lo-call 1890 245545 and Equality promotion of equality Commission

15 16 Workplace Relations Commission - Guide to Employment, Labour and Equality Law

3 Commencing Employment

Contract of Employment Employers are required by section 14(1) of the Unfair Dismissals Acts 1977 to 2007 to give Anyone who works for an employer for a a notice in writing to each employee setting regular wage or salary has automatically a out the procedure which the employer will contract of employment whether written or observe before, and for the purpose of, not. The Terms of Employment (Information) dismissing the employee. This must be given not later than 28 days after entering into a Acts 1994 to 2014 define a contract of contract of employment. There is a separate employment as a contract of service or section in this Guide on dismissals - see apprenticeship or any contract under which Section 10 - Termination of Employment. workers are supplied by employment agencies. Contracts may be expressed (oral The Payment of Wages Act 1991, gives every or in writing) or implied, Many of the terms employee the right to a written statement of a contract of employment may emerge every pay day with every deduction itemised. from the common law, statutes or collective This entitlement is described at Section 9 of agreements made through trade unions or the Guide. may be derived from the custom or practice in a particular industry. Employment Permits The Terms of Employment (Information) Acts 1994 to 2014 provide that an employer Non-EEA nationals, except in the cases listed must provide an employee with a written below, require an employment permit to work statement of certain particulars of the terms in Ireland. The EEA comprises the Member of employment. These Acts are outlined States of the European Union together with further in this Section. Iceland, Norway and Liechtenstein.

The Protection of Employees (Fixed-Term Non-EEA nationals working in Ireland Work) Act 2003 provides that where an and their employers may be committing employer proposes to renew a fixed-term an offence if the former do not have an employment permit and are required by the contract, the fixed-term employee shall be Employment Permits Acts 2003 to 2014 to informed in writing by the employer of the do so. Employment permit holders can only objective grounds justifying the renewal of work for the employer, or as the case may be the fixed-term contract and the failure to the connected person or contractor, and in offer a contract of indefinite duration, at the the occupation named on the permit. If the latest by the date of the renewal. This Act is holder of an employment permit ceases, for outlined further in Section 6 of the Guide. any reason, to be employed by the employer,

17 or as the case may be the connected person 4 Swiss Nationals: In accordance or contractor, named on the permit during the with the terms of the European period of validity of the permit, the original Communities and Swiss employment permit and the certified copy Confederation Act, 2001, which held by the employer, or as the case may by, the connected person or contractor, must be came into operation on 1 June, 2002, returned immediately to the Department of this enables the free movement Business, Enterprise and Innovation. of worker between Switzerland and Ireland, without the need for The following non-EEA nationals do not Employment Permits. require an employment permit: Inspectors in the Workplace Relations 4 non-EEA workers legally employed in Commission are also appointed by the one Member State who are temporarily Minister for Business Enterprise and sent on a contract to another Member Innovation as authorised officers for the State-the employer does not need purposes of the Employment Permits Acts. to apply for employment permits in respect of the non-nationals for the period of contract. Terms of Employment (Terms of 4 a Non-EEA national who has been granted permission to remain in the Employment (Information) Acts) State on one of the following grounds: The Terms of Employment (Information) Acts 4 permission to remain as spouse or a 1994 to 2014 require employers to provide dependant of an Irish/EEA national, employees with a written statement of certain particulars of their employees’ terms 4 Permission to remain as the parent of employment. The Acts, in general, apply to of an Irish citizen, any person 4 Temporary leave to remain in the State on humanitarian grounds, 4 working under a contract of having been in the Asylum process, employment or apprenticeship 4 Explicit permission from the 4 employed through an employment Department of Justice and Equality to agency or remain resident and employed in the 4 in the service of the State (including State, members of the Garda Siochana and 4 Permission to be in the State as a the Defence Forces, Civil Servants registered student who is permitted and employees of any local authority, to work 20 hours during term time health board, harbour authority, the and 40 hours during holiday periods, Health Service Executive or education and training board). 4 Permission to be in the State under the terms of the Diplomatic Relations and Immunities Act 1967, The Acts do not apply to a person who and are assigned to a Mission of a has been in the continuous service of the country with whom the Government employer for less than 1 month. has entered into a Working Dependents Agreement, In the case of agency workers, the party who is liable to pay the wages (employment

18 agency or client company) is the employer for As an alternative to providing some of the the purposes of the Acts and is responsible details in the statement, an employer may for providing the written statement. use the statement to refer the employee to certain other documents containing the The employer must provide the written particulars, provided that the document is statement of particulars within 2 months of reasonably accessible to the employee. the date of commencement of employment. In the case of employees whose employment An employer is also required to notify an commenced before 16th May 1994, (the employee of any changes to the particulars commencement date of the Act) the written contained in the written statement within 1 statement must be provided by the employer month after the change takes effect. Where within two months of being requested to do an employee is required to work outside the so by the employee. State for a period of not less than 1 month, the employer is obliged to add certain The written statement, which is not, of particulars to the written statement and to itself, a contract must include particulars provide the statement prior to the employee’s of the terms of employment relating to departure. the name and address of the employer, the place of work, job title/nature of the work, Regulations made under the Acts require date of commencement of employment, the employers to give their employees who are expected duration of contract (if temporary under 18 years of age a copy of the official contract) or the date on which the contract summary of the Protection of Young Persons will expire (if fixed term contract), rate or (Employment) Act 1996 within one month of method of calculation of pay, pay intervals, taking up a job. hours of work (including overtime), statutory rest period and rest break entitlements, paid leave, incapacity for work due to sickness or injury, pensions and pension schemes, Complaints notice entitlements, registered employment agreements, employment regulation orders The Acts provide a right of complaint to and collective agreements. the Workplace Relations Commission (WRC) where an employee believes that his/her The statement must also indicate the employer has failed to provide a written pay reference period for the purpose of statement in accordance with the terms of the National Minimum Wage Act 2000. the Acts or failed to notify the employee of Furthermore, the statement of terms must changes to the particulars contained in the inform the employee that he/she is entitled statement. The relevant complaint form is to ask for a statement of his/her average available on www.workplacerelations.ie or hourly rate of pay for any pay reference by contacting the Commission’s Information period falling with in the previous 12 months and Customer Services on 1890 80 80 90. as provided for in section 23 of the National There is a right of appeal by either party to Minimum Wage Act 2000. the Labour Court from a decision of a WRC Adjudication Officer.

19 Additional Information Information on Employment Permit requirements is available from the Department See Explanatory Booklets on the Terms of Business, Enterprise and Innovation, of Employment (Information) Acts 1994 Telephone: (01) 417 5333 and 2001, Protection of Employees (Fixed- LoCall: 1890 201 616 Term Work) Act 2003, Unfair Dismissals Email: [email protected] Acts 1977 to 2007 and Payment of Wages website: www.dbei.gov.ie Act 1991, copies of which are available on request, or downloadable from www.workplacerelations.ie.

20 Workplace Relations Commission - Guide to Employment, Labour and Equality Law

4 Working Hours

Organisation of Working Time Certain sectors which were originally Act 1997 excluded from the scope of the Organisation of Working Time Act 1997 have now been The Organisation of Working Time Act 1997 covered by working time rules by way of sets out statutory rights for employees in several sets of Regulations made under respect of rest, maximum working time and the European Communities Act. These holidays. These rights apply either by law as Regulations either brought a particular sector set out in the Act, in Regulations made under within the scope of the 1997 Act or provided the Act or through legally binding collective for stand-alone rules for a particular sector agreements. These agreements may vary within a set of Regulations. These sectors the times at which rest is taken or vary the include transport workers (other than those averaging period over which weekly working performing mobile road transport activities time is calculated. and those in civil aviation which are covered by separate working time Regulations made The 1997 Act does not apply to Members of under EU Directives related specifically to the Defence Forces or of the Garda Siochana. those sectors), doctors in training, sea-fishing Part II of that Act (which deals with rest workers and offshore workers. periods, and weekly working hours) does not apply to hospital doctor in training1, persons engaged in sea-fishing or other work at sea, persons employed in the civil protection Maximum Weekly Working Time services (e.g. prisons, fire services, Irish Coast Guard) 2 those who control their own working The maximum average working week is 48 hours or persons employed by a close relative hours. Averaging may be balanced out over in a private dwelling house or farm in or on a 4, 6 or 12 month period depending on the which both reside. circumstances.

1 See the European Communities (Workers on board Sea-going Fishing Vessels( Organisation of Working Time) Regulations 2003 (SI No. 709 of 2003) 2 See the Organisation of Working Time (Exemption of Civil Protection Services) Regulations 1998 (SI No. 52 of 1998)

21 The 48 hour net maximum working week can be averaged according to the following rules:

Category of Worker Reference Period for averaging

Employees who are night workers 2 months

Employees generally 4 months

Employees where work is subject to 6 months seasonality, a foreseeable surge in activity or where employees are directly involved in ensuring continuity of service or production

Employees who enter into a collective Up to 12 months agreement with their employers which is approved by the Labour Court

Young people under 18 Hours of work are fixed by the Protection of Young Persons (Employment) Act 1996.

Rest

Every employee has a general entitlement to the following rest periods:

Rest Type Entitlement

Daily 11 consecutive hours daily rest per 24 hour period.

Weekly One period of 24 hours rest per week preceded by a daily rest period (11 consecutive hours).

Rest Breaks 15 minutes where more than 4 and half hours have been worked; 30 minutes where more than 6 hours have been worked which may include the first break.

Shop employees who work more than 6 These rest periods and rest intervals may hours and whose hours of work include the be varied if there is a collective agreement hours 11 .30am - 2.30pm must be allowed in place approved by the Labour Court or if a break of one hour which must commence a regulation has been made for a particular between the hours 11 .30am - 2.30pm. sector. If there are variations in rest periods

22 and rest intervals under agreements or in the Exceptional or Unforeseeable Circumstances permitted sectors, equivalent compensatory - The Act permits exemption from the rest rest must be available to the employee. provisions if there are exceptional, unusual and unforeseeable circumstances. Equivalent compensatory rest must be taken within a Night Workers reasonable period of time.

Night time is the period between midnight Shift and Split Shift Working - The Act and 7 am the following day. provides for automatic exemption from the daily and weekly rest period provisions Night workers are employees who normally for shift workers when they change shift work at least 3 hours of their daily working and for workers on split shifts. Equivalent time during night time and the annual compensatory rest must be taken within a number of hours worked at night equals or reasonable period of time. exceeds 50% of annual working time. Exemption by Regulation - Certain categories may be exempted from the rest provisions by regulation. Categories of employees in the Maximum night working time sectors set out in the Organisation of Working Time (General Exemptions) Regulations, For nightworkers generally, the maximum 1998 (S.I. No. 21 of 1998) may, subject to nighttime working hours are 8 hours per receiving equivalent compensatory rest, be night averaged over 2 months or a longer exempted from the rest provisions of the period specified in a collective agreement Act. S.I. No. 52 of 1998 (Exemption of Civil that must be approved by the Labour Court. Protection Services) provides exemptions For nightworkers whose work involves from the rest and maximum working week special hazards or heavy physical or mental provisions of the Act without a requirement strain, there is an absolute limit of 8 hours for equivalent compensatory rest. in a 24 hour period during which they may perform night work. Exemption by Collective Agreement - Any sector or business may be exempted from the statutory rest times by a collective agreement Definitions, exemptions and approved of by the Labour Court, subject other features of the Working to equivalent compensatory rest being Time Act made available to the employee. Collective agreements to vary the rest times may be Working time is net working time i.e. exclusive drawn up between management and a trade of breaks, on call or stand-by time. Working union or other representative staff body in time is defined in the Act as time when the any business, organisation or enterprise. employee is at his or her place of work or at the disposal of the employer and carrying out These exemptions are subject to equivalent the duties or activities of his/her employment. compensatory rest being made available to the employee. This means that, although employers may operate a flexible system

23 of working, employees must not lose out The time at which annual leave may be on rest. In these circumstances rest may be taken is determined by the employer postponed temporarily and taken within a having regard to work requirements, and reasonable period of time subject to the employer taking into account the need for the employee to reconcile work and family responsibilities, and the Holidays opportunities for rest and recreation available to the employee. Holiday pay is earned against time worked. All employees, full-time, part-time, temporary The Organisation of Working Time Act or casual earn holiday entitlements from provides that the employees concerned or the time work is commenced. Note that, their trade unions are consulted at least 1 for the purposes of determining holiday month in advance of the dates selected entitlements, a day on which an employee by the employer for annual leave. The was on a certified absence due to illness is employee’s annual leave must be taken deemed to be a working day3. within the leave year to which it relates or, with the employee’s consent, within 6 The Organisation of Working Time Act 1997 months of the next leave year. Where the provides that most employees are entitled to employee is, due to certified absence due to 4 weeks annual holidays for each leave year illness, unable to take all or part of the leave with pro-rata entitlements for periods of during that period of 6 months, that leave employment of less than a year. In the case may be taken within 15 months of the end 4 of employees working a normal 5 day week of that leave year . this would work out at 1.66 days per month worked or 20 days. The pay for the annual leave must be given in advance of the commencement of the Depending on time worked, employees’ employee’s annual leave, and is calculated at holiday entitlements should be calculated by the normal weekly rate. one of the following methods: Where an employee ceases to be employed (i) 4 working weeks in a leave year in which and annual leave remains to be taken, the the employee works at least 1,365 hours employee should receive compensation for (unless it is a leave year in which he or the loss of any untaken leave calculated she changes employment). at the normal weekly pay rate or at a rate (ii) 1/3 of a working week per calendar proportionate to the normal weekly pay rate month that the employee works at least that he/she would have received had he/she 117 hours. been granted that leave. (iii) 8% of the hours an employee works in a leave year (but subject to a maximum of 4 working weeks).

3 See Section 19(1)(A) of the Organisation of Working Time Act, 1997 (as inserted by Section 86(1)(a) of the Workplace Relations Act 2015) 4 See Section 20(1)(c) of the 1997 Act (as inserted by Section 86(1)(b) of the Workplace Relations Act 2015

24 Public Holidays If the employee is asked to work on the public holiday, then he/she is entitled to The Organisation of Working Time Act either an additional day’s pay for the day, or a 1997 provides for the following nine public paid day off within a month of the day, or an holidays: additional day of paid annual leave.

Public Holidays There is no service requirement in respect of public holidays for whole-time employees. 1st January (New Year’s Day) Other categories of employees (part-time) St. Patrick’s Day; qualify for public holiday entitlement Easter Monday; provided they have worked at least 40 hours the first Monday in May; during the 5 weeks ending on the day before the first Monday in June; a public holiday. the first Monday in August; the last Monday in October; (Note that this Act refers to public holidays Christmas Day; not bank holidays. Not every official bank St. Stephen’s Day. holiday is a public holiday though in practice most of them coincide.)

In respect of each public holiday, an employee is entitled to: Sunday Premium (i) a paid day off on the holiday, or If not already included in the rate of pay, (ii) a paid day off within a month, or employees are generally entitled to paid time-off in lieu or a premium payment for (iii) an extra day’s annual leave, or Sunday working. An employee is entitled to (iv) an extra days pay the premium payment for Sunday working payable to a comparable employee in a as the employer may decide. collective agreement in force in a similar industry or sector. This means that the If the public holiday falls on a day on which Sunday Premium, if not already paid, will be the employee normally works, then the equivalent to the closest applicable collective employee is entitled to either a paid day off, agreement which applies to the same or an additional day’s pay, a paid day off within a similar work under similar circumstances month of the day, or an additional day of paid and which provides for a Sunday premium. annual leave for the public holiday. The premium can be in the form of: If the public holiday falls on a day on which 4 An allowance the employee does not normally work, then 4 Increased rate of pay the employee is entitled to 1/5th of his/ her normal weekly wage for the day, which 4 Paid time off rate of pay is paid if the employee receives 4 Combination of the above options (i) (ii) or (iv), above, as may be decided by the employer.

25 Zero Hours In relation to (i) above, the Regulations incorporate statutory Form OWT1 on which Employees will be entitled to be paid for 25% employers who do not have electronic of the time which they are required to be means of recording must record the number available or 15 hours whichever is the lesser, of hours worked by employees on a daily and e.g. if an employee’s contract of employment weekly basis. operates to require the employee to be The Regulations also require that an employer available for 48 hours in a week, he/she will keep a copy of the statement provided to each be entitled to a minimum payment of 12 employee under the provisions of the Terms hours even if not required to work that week. of Employment (Information) Acts 1994 to 2014 – See Terms of Employment -Section 3. The Zero Hours provision does not apply to lay-offs, short-time, emergency or exceptional The Regulations provide for exemptions, circumstances, employee illness or employee subject to certain conditions, in relation on-call. to the keeping by employers of records of rest breaks and rest periods under the Organisation of Working Time Act 1997. Records

Records required to be kept by the Complaints employer are prescribed by S.I. No. 473 of 2001, Organisation of Working Time The Acts provide a right of complaint (Records) (Prescribed Form and Exemptions) to the Workplace Relations Commission Regulations, 2001. These records must be (WRC) where an employee believes that retained for 3 years and must be available a contravention of the Organisation of for inspection by Inspectors of the Workplace Working Time Act, 1997 has occurred. The Relations Commission. relevant complaint form is available on www.workplacerelations.ie or by contacting The regulations provide that employers are the Commission’s Information and Customer required to keep: Services on 1890 80 80 90. There is a right of appeal by either party to the Labour Court from a decision of a WRC Adjudication Officer. (i) a record of the number of hours worked by employees (excluding Where a WRC inspector is satisfied meals and rest breaks) on a daily and that certain contraventions under the weekly basis; Organisation of Working Time Act 1997 (ii) a record of leave granted to have occurred, he/she may, in accordance employees in each week by way of with Section 28 of the Workplace Relations annual leave or in respect of a public Act 2015, issue a Compliance Notice on the holiday and payment made in respect employer setting out the compliance actions of that leave; to be taken by a specified date. An employer may, not later than 42 days of the service of (iii) a weekly record of the notification the notice, appeal that notice to the Labour of the starting and finishing time of Court. Failure to comply with a Compliance employees. Notice is an offence. Compliance Notices may be issued in respect of the following contraventions of the 1997 Act:

26 Section of 1997 Act Contravention Section 6(2) Failure of employer to grant compensatory rest periods.

Section 11 Failure of employer to grant a daily rest period

Section 12 Failure of employer to grant rest breaks

Section 13 Failure of employer to grant a weekly rest period

Section 14(1) Failure of employer to compensate employee for Sunday work

Section 15(1) Employer permitting employee to work more than maximum working week

Section 16(2) Employer permitting a night worker to work more than the permissible hours for a 24 hour period

Section 17 Failure of employer to notify employee of working hours

Section 18 Failure of employer to make a payment under Section 18(2) to an employee with zero-based working hours.

Section 19(1) Failure of employer to grant annual leave entitlements

Section 19(1)(A) Failure of employer to reckon a certified absence due to illness for the purpose of annual leave entitlement

Section 21 Failure of employer to grant annual public holiday entitlements

Section 22 Failure of employer to comply with public holiday supplementary provisions

Section 23(1) Failure of employer to grant compensation on cessation of employment for the loss of annual leave

Section 23(2) Failure of employer to grant compensation on cessation of employment for the loss of public holidays

Additional Information Time Act 1997 or Code of Practice on Compensatory Rest, copies of which are See, Explanatory Leaflet on Sunday available on request, or downloadable from Premium and Zero Hours, Explanatory www.workplacerelations.ie. Leaflet on Organisation of Working

27 28 Workplace Relations Commission - Guide to Employment, Labour and Equality Law

5 Part-Time Employees

General when his/her normal hours of work constitute less than 20 per cent of The Protection of Employees (Part-Time the normal hours of work of the Work) Act 2001 provides that comparable full-time employee. This provision does not prevent an (i) A part-time employee (as defined employer and a part-time employee below) cannot be treated in a from entering into an agreement less favourable manner than a whereby that employee may receive comparable full-time employee in the same pension benefits as a relation to conditions of employment. comparable full-time employee.

(ii) All employee protection legislation applies to part-time employees in the same manner as it already applies to full-time employees. Any qualifying Who is Covered By The Act? conditions (with the exception of In general the Act applies to any part-time any hours thresholds) applying to employee full-time employees in any of that legislation, also apply to part-time (i) working under a contract of employees. employment or apprenticeship (ii) employed through an employment THE 2001 ACT ALSO PROVIDES THAT agency, or (iii) holding office under, or in the service (i) A part-time employee may be treated of, the State including members in a less favourable manner than of the Garda Siochana and the acomparable full-time employee Defence Forces, civil servants and where such treatment can be employees of any health board, justified on objective grounds (see harbour authority, the Health definition below). Service Executive, local authority or education and training board. (ii) A part-time employee may be treated less favourably than a comparable full-time employee in relation to In the case of agency workers, the party any pension scheme or arrangement who is liable to pay the wages (employment

29 agency or client company) will, normally, be by the same or associated employer deemed to be the employer for the purposes and one of the conditions referred to of the Act and be responsible for ensuring in (i), (ii) or (iii) below is met, that a part-time employee is not treated in a less favourable manner than a comparable (b) where (a) above does not apply full-time employee. (including a case where the part-time employee is the sole employee of the employer), the full-time employee is Objective grounds specified in a collective agreement to be a comparable employee in A ground would be considered as an objective relation to the part-time employee, or ground for treatment in a less favourable (c) where neither (a) or (b) above applies, manner, if it is based on considerations the full-time employee is employed other than the status of the employee as a in the same industry or sector part-time worker and the less favourable of employment as the part-time treatment is for the purpose of achieving a employee and one of the conditions legitimate objective of the employer and referred to in (i), (ii) or (iii) below is met. such treatment is necessary for that purpose.

The following are the conditions (i), (ii) and Part-Time Employee (iii) referred to above – (i) where both employees perform the A part-time employee means an employee same work under the same or similar whose normal hours of work is less than conditions or each is interchangeable the normal hours of work of a comparable with the other in relation to the work, employee in relation to him/her. (ii) where the work performed by one of the employees concerned is of Full-Time Employee the same or a similar nature to that performed by the other and A full-time employee means an employee any differences between the work who is not a part-time employee. performed or the conditions under which it is performed by each, either are of small importance in relation to the work as a whole or occur Comparable Employee with such irregularity as not to be significant, and A comparable employee is a full-time employee (of the same or opposite sex) to (iii) the work performed by the part-time whom a part-time employee (defined in employee is equal or greater in value the Act as a “relevant part-time employee”) to the work performed by the other compares himself/herself where the employee concerned, having regard following conditions are met: to such matters as skill, physical or mental requirements, responsibility (a) where the comparable employee and and working conditions. the part-time employee are employed

30 Agency Worker contravention of the Protection of Employees (Part-Time Work) Act 2001 has occurred. The Agency worker means an individual who relevant complaint form is available on agrees with another person, who is carrying www.workplacerelations.ie or by contacting on the business of an employment agency, to the Commission’s Information and Customer do or perform personally any work or service Services on 1890 80 80 90. There is a right for a third person (whether or not the third of appeal by either party to the Labour Court person is party to the contract). A part-time from a decision of a WRC Adjudication Officer. agency worker can only compare himself/ herself to a comparable employee who is also an agency worker and a part-time employee, Additional Information who is not an agency worker, cannot compare himself to an agency worker. See the Explanatory Booklet on the Protection of Employees (Part-Time Work) Act 2001, a copy of which is available Complaints on request, or downloadable from www.workplacerelations.ie. The 2001 Act provides a right of complaint to the Workplace Relations Commission (WRC) where an employee believes that a

31 32 Workplace Relations Commission - Guide to Employment, Labour and Equality Law

6 Fixed-Term Workers

General such an employee completed his or her third year of continuous employment The Protection of Employees (Fixed-Term with his or her employer or associated Work) Act 2003 provides that employer, then his or her fixed-term contract could only be renewed by that (i) A fixed-term employee (as defined employer on a fixed-term basis on one below) cannot be treated in a further occasion and for a term of no less favourable manner than a longer than one year, after which, if comparable permanent employee in the contract was renewed again, it was relation to conditions of employment. deemed to be a contract of indefinite (ii) All employee protection legislation, duration, unless the employer had other than unfair dismissal in certain objective grounds for renewing the circumstances, applies to a fixed- contract again on a fixed-term basis. term employee in the same manner as it already applies to a permanent The Act also provides that employee. Any qualifying conditions applying to permanent employees in (i) A fixed-term employee may be treated any of that legislation, also apply to a in a less favourable manner than a fixed-term employee, comparable permanent employee where such treatment can be justified on (iii) In the case of a fixed-term employee objective grounds (see definition below). recruited after the enactment of the Act, where he or she is employed by his (ii) A fixed-term employee may be treated or her employer or associated employer less favourably than a comparable on two or more continuous fixed-term permanent employee in relation to contracts, the aggregate duration of any pension scheme or arrangement such contracts shall not exceed four when his/her normal hours of work years, after which, if the contract is constitute less than 20 per cent of renewed again, it is deemed to be a the normal hours of work of the contract of indefinite duration, unless comparable permanent employee. the employer has objective grounds for This provision does not prevent an renewing the contract again on a fixed- employer and a fixed-term employee term basis. In the case of a fixed-term from entering into an agreement employee recruited before the passing whereby that employee may receive of the Act, the Act provided that where the same pension benefits as a comparable permanent employee.

33 Who is Covered by the Act? Fixed-Term Employee

In general the Act applies to any fixed-term The term fixed-term employee means a employee person who has entered into a contract of employment with an employer where the (i) working under a contract of end of the contract is determined by an employment or apprenticeship objective condition such as arriving at a specific date, completing a specific task or the (ii) holding office under, or in the service occurrence of a specific event. of, the State including members of the Garda Siochana, civil servants The term “fixed-term employee” does not and employees of any health board, include employees in initial vocational harbour authority, local authority or training or in apprenticeship schemes nor vocational educational committee. employees with a contract of employment concluded within the framework of a The Act does not apply to agency workers publicly-supported training, integration or placed by an employment agency at the vocational retraining programme. disposition of a user enterprise; apprentices; a member of the Defence Forces; a trainee garda or a trainee nurse. However, the Act Permanent Employee applies to agency workers employed directly by an employment agency. A permanent employee means an employee who is not a fixed-term employee. Objective grounds

A ground would be considered as an objective Comparable Permanent ground for treatment in a less favourable Employee manner, if it is based on considerations other than the status of the employee as a An employee is a comparable permanent fixed-term employee and the less favourable employee in relation to a fixed-term treatment is for the purpose of achieving a employee if legitimate objective of the employer and such treatment is necessary for that purpose. (a) the permanent employee and the fixed-term employee are employed Where, as regards any term of his or her by the same or associated employer contract, a fixed-term employee is treated and one of the conditions referred to by his or her employer in a less favourable in (i), (ii) or (iii) below is met, manner than a comparable permanent (b) where (a) above does not apply employee, the treatment in question shall (including a case where the fixed- (for the purposes of section 6(2) of the Act) term employee is the sole employee be regarded as justified on objective grounds, of the employer) the permanent if the terms of the fixed-term employee’s employee is specified in a collective contract of employment, taken as a whole, agreement, being an agreement are at least as favourable as the terms of the that for the time being has effect comparable permanent employee’s contract in relation to the relevant fixed- of employment.

34 term employee, to be a comparable Objective Conditions employee in relation to the fixed- term employee, or The Act provides that a fixed-term employee shall be informed in writing by his or her (c) where neither (a) nor (b) above apply, employer as soon as practicable of the the employee is employed in the same objective condition determining the contract, industry or sector of employment as i.e. whether it is the fixed-term employee and one of the conditions referred to in (i), (ii) or (i) arriving at a specific date, (iii) below is met. (ii) completing a specific task, or

The following are the conditions (i), (ii) and (iii) the occurrence of a specific event. (iii) referred to above –

(i) both employees perform the same work under the same or similar Objective Grounds Justifying a conditions or each is interchangeable Renewal with the other in relation to the work, The Act provides that where an employer (ii) the work performed by one of the proposes to renew a fixed-term contract employees concerned is of the same the employee shall be informed in writing, or a similar nature to that performed not later than the date of renewal, of the by the other and any differences objective grounds justifying the renewal of between the work performed or the fixed-term contract and the failure to the conditions under which it is performed by each, either are of small offer a contract of indefinite duration. importance in relation to the work as a whole or occur with such irregularity It further provides that the written statements as not to be significant, and referred to in this paragraph and in the paragraph immediately above are admissible (iii) the work performed by the relevant as evidence in any proceedings under the Act. It fixed-term employee is equal or is also provided for in the Act that a Workplace greater in value to the work performed Relations Commission Adjudication Officer by the other employee concerned, or the Labour Court may draw any inference having regard to such matters as he, she or it considers just and equitable if it skill, physical or mental requirements, appears to him, her or it that (a) an employer responsibility and working conditions. omitted to provide a written statement, or (b) a written statement is evasive or equivocal. The comparable permanent employee can be either of the opposite sex to the fixed- term employee concerned or of the same sex Indefinite Fixed-Term Contracts as him or her. An employer cannot employ an employee on a series of fixed-term contracts indefinitely.

35 Employees on fixed-term her in relation to relevant vacancies which contracts occur in the undertaking. This information may be provided by means of a general announcement at a suitable place in the Once a fixed-term contract employee employee’s place of employment. However, completes or has completed 3 years as regards access by a fixed-term employee continuous employment with his or her to appropriate training opportunities, the Act employer or associated employer, the provides that such access shall be provided employer may renew the contract for a fixed by an employer as far as practicable. term on one further occasion only and that renewal may be for a period of no longer than 1 year. Information about fixed-term Where such an employee is employed by his working or her employer or associated employer on 2 or more continuous fixed-term contracts, the The Act provides that employers shall, aggregate duration of those contracts may as far as practicable consider informing not exceed 4 years. employees’ representatives about fixed- term work in the undertaking. Where a term of an employment contract purports to limit the term of the employment contract of either category of employee Complaints mentioned above, in contravention of the above rules, that term shall be void and of The 2003 Act provides a right of complaint no effect and the contract concerned shall be to the Workplace Relations Commission deemed to be one of indefinite duration – i.e. (WRC) where an employee believes that a a permanent contract. contravention of the Protection of Employees (Fixed-Time Work) Act 2003 has occurred. The above-mentioned rules do not apply The relevant complaint form is available on where there are objective grounds justifying www.workplacerelations.ie or by contacting the renewal of a contract of employment for the Commission’s Information and Customer a fixed term only. Services on 1890 80 80 90. There is a right of appeal by either party to the Labour Court The First Schedule to the Minimum Notice from a decision of a WRC Adjudication Officer. and Terms of Employment Act 1973 -relating to continuous employment - determines whether employment on fixed-term contracts is continuous or not. Additional Information See the Explanatory Booklet on the Protection of Employees (Fixed-Term Work) Vacancies and training Act 2003, a copy of which is available opportunities on request, or downloadable from www.workplacerelations.ie. The 2003 Act provides that in order for a fixed- term employee to have the same opportunity as other employees to secure a permanent position, an employer shall inform him or

36 Workplace Relations Commission - Guide to Employment, Labour and Equality Law

7 Employment of Children and Young Persons General The 1996 Act further provides for the setting of limits to the working hours of young While the employment of children under people (i.e. 16 and 17 year olds) and for rest 16 is generally prohibited by the Protection intervals and prohibits night work. of Young Persons (Employment) Act 1996, a child over 14 years may be permitted to do As regards working hours, young people (16 light work during school holidays provided and 17 year olds) may not work for more than it is not harmful to health, development or 8 hours in any day or 40 hours in any week. schooling or may be employed as part of an approved work experience or education Employers who employ young people under programme. A child over 15 may also do such 18 years of age must display a summary of the work for up to 8 hours a week during school Act (available in poster form), and also give a term. Any child under 16 may be employed in summary of the Act to the employee within 1 film, theatre, sports or advertising activities month of the commencement of employment. under licence from the Minister for Jobs, Enterprise and Innovation5. Proceedings for contraventions of the provisions of the 1996 Act may be taken An employer wishing to employ anyone by the Workplace Relations Commission under 18 must first require the production or by the employee’s trade union (with of their birth certificate. Before employing certain exceptions) within 12 months of the a child under 16 the employer must also alleged breach. Young people and parents/ get written permission from the parents guardians (of a child) may also refer certain or guardian. contraventions of the Act to the Workplace Relations Commission for adjudication.

5 Applications for such licences are received and processed by the Workplace Relations Commission

37 Children over age 14

Summary of Provisions in Relation to Employment of Children over age 14

Age Max hours per Max hours per Permitted Maximum work week/day during week/day outside hours of work experience per school term school term week/day **

14 Nil 35/7 8am - 8pm 40 hours/8 hours

15 8 35/7 8am - 8pm 40 hours/8 hours

**The reference to “work experience” in the table above is to training or work experience programmes approved by the Minister of Jobs, Enterprise and Innovation or an tSeirbhis Oideachais Leanunaigh agus Scileanna (SOLAS)..

Children over the age of 14 may only be work in the Summer. They must also be given employed in light work, that is, non-industrial a 30 minutes break if working more than 4 work where there is no risk to the health and hours. If working during the summer holidays, safety of the child, and which is not harmful 14 and 15 year olds must get 2 days off in to their attendance at school. 14 and 15 year every week which shall, as far as is practicable, olds must be allowed a 21 day break from be consecutive.

Young People

Summary of Provisions in Relation to Employment of Young People.

Age Max hours per week/day Max hours per week Permitted hours of work during school term 16 & 8 40 6am-10pm 17

Sixteen and seventeen year olds must receive Additional Information a 30 minutes break if working for more than a 4.5 hour period. They must receive 2 days off The Explanatory Booklet on the Protection in every 7, which shall, as far as is practicable, of Young Persons (Employment) Act 1996, be consecutive. a summary of the Act in both poster and leaflet format and the Code of Practice are Regulations have been made which permit available on request, or downloadable from young persons (i.e. 16 and 17 year olds) www.workplacerelations.ie. employed on general duties or as apprentices, in licensed premises to work beyond 10pm in certain circumstances and subject to specific requirements. There is also a Code of Practice Concerning the Employment of Young Persons in Licensed Premises.

38 Workplace Relations Commission - Guide to Employment, Labout and Equality Law

8 Carer’s Leave

General In the case of agency workers, the party who is liable to pay the wages (employment The Carer’s Leave Act 2001 provides an agency or client-company) is the employer employee with an entitlement to avail of for the purposes of this Act. unpaid leave from his/her employment to enable him/her to personally provide full-time care and attention for a person who is in need Entitlement to Carer’s Leave of such care. The period of leave to which an employee is entitled is subject to a maximum of An employee who wishes to avail of Carer’s 104 weeks in respect of any one care-recipient Leave must fulfill the following conditions: (hereafter referred to as a “relevant person”). The minimum statutory entitlement is 13 weeks. (i) Service requirement: an employee must have completed at least 12 months’ continuous service with the employer from Who is covered by the Act? whose employment the leave is taken before the commencement of the leave. In general, the Act applies to any person There is no hours threshold in the Act. (ii) Provision of Full-Time Care and Attention: (i) working under a contract of the employee must intend to take Carer’s employment or apprenticeship, Leave for the purpose of personally (ii) employed through an employment providing full-time care and attention to agency, or a person (a “relevant person”) who is in (iii) holding office under, or in the need of such and must actually do so for service of, the State (including a the duration of the leave. civil servant within the meaning The requirement to provide full-time of the Civil Service Regulation Act care and attention will be assessed on 1956), an officer or servant of a local authority for the purposes of the an individual basis by the Department Local Government Act 1941, or of a of Employment Affairs and Social harbour authority, the Health Service Protection. It is not intended nor is it Executive, an education and training desirable, that an employee on Carer’s board and a member of the Garda Leave would be expected to provide care Siochana or of the Defence Forces. on a 24-hour basis.

39 (iii) 'Relevant Person -Need for Full-Time Care parallel State payment of Carer’s Benefit. The and Attention: the relevant person (i.e. two schemes, Carer’s Leave and Carer’s Benefit, the person receiving full-time care and are administered in tandem in respect of these attention) must be deemed to be in need of criteria. Further information in relation to the full-time care and attention by a deciding Carer’s Benefit Scheme may be obtained from officer (or appeals officer) of the Department Carer’s Benefit Section (contact details above). See of Employment Affairs and Social Protection. also the booklet on the Carer’s Benefit Scheme. This decision is based on information provided by the relevant person’s general Other Carer’s Leave eligibility criteria are set medical practitioner and assessed by that out in the Carer’s Leave Explanatory Booklet. Department’s medical advisor.

Application forms (Form CARB1) are available Manner in which Carer’s Leave from Carer’s Benefit Section of that Department may be taken (Telephone: 043 -40087). The completed form should be returned to Carer’s Benefit Section, The Act provides that the leave shall be taken Department of Employment Affairs and Social in either one continuous period of 104 weeks Protection, Balinalee Road, Longford. or one or more periods, the total duration of The one medical assessment will suffice for which amounts to not more than 104 weeks. both Carer’s Leave and Carer’s Benefit (the Department of Employment Affairs and Social The minimum statutory entitlement that may Protection State payment). be taken in one period at the discretion of the employee is 13 weeks. An employer and employee, however, may agree to terms more Meaning of ‘Full-time care favourable to the employee. and attention’

According to Department of Employment Intervals between periods of Affairs and Social Protection Regulations, this Carer’s Leave means that a person being cared for must be so disabled as to require: Where Carer’s Leave is not taken by an employee in one continuous period of 104 (a) continuous supervision and frequent weeks there must be a gap of at least 6 assistance throughout the day in weeks between periods of Carer’s Leave connection with his/her normal taken in respect of the same relevant person. personal needs, e.g. help to walk and An employee proposing to avail of Carer’s get about, eat or drink, wash, bathe, Leave for another relevant person cannot dress etc. or generally do so until a period of 6 months (b) continuous supervision in order to has elapsed from the date of termination of avoid danger to him/herself. the leave in respect of the previous relevant person. This provision does not apply where The entitlement criteria outlined at (a) and two relevant persons reside together. (b) above are also required to qualify for the

40 Protection of Employment Rights Penalisation of an employee includes (a) dismissal of the employee (b) unfair treatment During absence on Carer’s Leave, an of the employee, including selection for employee shall be regarded as still working redundancy, and (c) an unfavourable change in the employment for all purposes relating in the conditions of employment of the to his or her employment and none of his employee. or her rights or obligations relating to the employment shall be affected by taking the The general 1 year service requirement leave with the following exceptions: under the Unfair Dismissals Acts is not applicable where an employee is dismissed (i) there is no right to remuneration for exercising his/her rights under the Carer’s or superannuation benefits and any Leave Act. obligation to pay superannuation contributions in, or in respect of, the employment. Notification of Intention to take (ii) the right to annual leave is restricted Carer’s Leave to the period comprising the first 13 weeks only of the Carer’s Leave An employee must give written notice to his/ entitlement in respect of any one her employer of the intention to take Carer’s relevant person. Leave, not later than 6 weeks before the (iii) the right to public holidays is employee proposes to commence the leave. likewise restricted to the period The statement of notice must contain the comprising the first 13 weeks only following details: of the Carer’s Leave entitlement in respect of any one relevant person. (i) the date on which the employee intends to commence the leave; Absence from employment while on Carer’s (ii) the duration of the leave; Leave shall not be treated as part of any other (iii) the manner in which the employee leave to which the employee is entitled (e.g. sick proposes to take the leave; leave, annual leave, adoptive leave, maternity leave, parental leave or force majeure leave.) (iv) a statement that an application for a decision (in the first instance or on appeal) that the person to be cared for is a relevant person for the Protection against Penalisation purposes of Carer’s Leave Act 2001 including Dismissal has been made to the Department of Employment Affairs and Social The Carer’s Leave Act 2001 prohibits an Protection; employer from penalising an employee on the (v) the employee’s signature and date. grounds that he/she has exercised or proposes to exercise his/her right to Carer’s Leave.

41 A sample of the Notice of Intention to take Complaints Carer’s Leave is set out at Appendix A to the Carer’s Leave Booklet. The 2001 Act provides a right of complaint to the Workplace Relations Commission (WRC) where an employee believes that a Exceptional or Emergency contravention of the Carer’s Leave Act 2001 Circumstances has occurred. The relevant complaint form is available on www.workplacerelations.ie or In exceptional or emergency circumstances, by contacting the Commission’s Information where it is not reasonably practicable for an and Customer Services on 1890 80 80 90. employee to give notice in accordance with There is a right of appeal by either party to the Act, such notice must be given as soon as the Labour Court from a decision of a WRC it is reasonably practicable for the employee Adjudication Officer. to do so. Where a WRC inspector is satisfied that an employer has failed to grant annual leave Confirmation of Carer’s Leave entitlements to an employee on carer’s leave, contrary to Section 13(2) of the Carer’s Once an employee has given notice of his Leave Act 2001, he/she may, in accordance or her intention to take Carer’s Leave, the with Section 28 of the Workplace Relations employee must give the employer a copy Act 2015, issue a Compliance Notice on the of the decision from the deciding officer employer setting out the compliance actions (or appeals officer) of the Department of to be taken by a specified date. An employer Employment Affairs and Social Protection may, not later than 42 days of the service of that the person in respect of whom the the notice, appeal that notice to the Labour employee proposes to avail of Carer’s Leave Court. Failure to comply with a Compliance is a relevant person i.e. medically certified as Notice is an offence. requiring full-time care and attention.

The employee and the employer must then Additional Information prepare a confirmation document. This document must be prepared and signed no See the Explanatory Booklet on the later than 2 weeks before the leave is due Carer’s Leave Act 2001, a copy of which is to begin and must include -the date on available on request, or downloadable from which the leave period will commence; the www.workplacerelations.ie. duration of the period of leave; signatures of employer and employee.

A sample confirmation document is set out at Appendix B to the Carer’s Leave Explanatory Booklet.

42 Workplace Relations Commission - Guide to Employment, Labour and Equality Law

9 Pay/Wages

General The duty to pay wages is a fundamental aspect of an employer’s obligations. If Pay rates are normally determined by the the employer fails to do so an employee contract of employment. Rates of pay where may present a complaint to the Workplace specified in collective agreements between Relations Commission under the Payment trade unions and employers may also be of Wages Act 1991 or alternatively sue incorporated expressly or by implication in the for wages due in the ordinary courts. individual employee’s contract of employment. If an Employment Regulation Order or a Registered Employment Agreement governs an employee’s pay, employers Minimum Rates of Pay will be guilty of an offence under the Industrial Relations Acts if they fail to pay The National Minimum Wage Acts 2000 wages or if they pay less than the statutory and 2015 provide that employees should prescribed rate. The Workplace Relations be paid for their working hours at an Commission will, through its Inspection hourly rate of pay that, on average, is not and Enforcement Services, seek to recover less than the prescribed minimum hourly unpaid wages in such instances and will rate of pay. The national minimum hourly initiate legal proceedings if necessary – rate of pay is prescribed from time to see Section 2. time by order made by the Minister for Business, Enterprise and Innovation under Section 10(D) of the 2000 Act. Details of the existing rate are available on Who is covered? www.workplacerelations.ie or by contacting the Workplace Relations Commission’s The National Minimum Wage Acts Information and Customer Services at 1890 2000 and 2015 apply to all employees, 80 80 90. including full-time, part-time, temporary and casual employees except the Legal minimum rates of pay for particular following categories of employees who categories of employees may also be laid are excluded from its provisions: down in Employment Regulation Orders (EROs), Registered Employment Agreements (i) close relatives of the employer such (REAs) and Sectoral Employment Orders as a spouse, father, mother, son, (SEOs). Further details on these are available daughter, brother and sister; or in Section 2 of this Guide under the heading- Mechanisms for Setting Terms and Conditions.

43 the employee, as detailed in the Table over. (ii) apprentices within the meaning The statutory minimum hourly rates of pay are of or under the Industrial Training gross amounts i.e. before tax/PRSI is deducted. Act 1967 or the Labour Services Act 1987 including an apprentice printer, bricklayer, mechanic, plumber, carpenter/joiner and electrician, or Working Hours (iii) any non-commercial work The working hours of an employee for the undertaken by prisoners. purposes of the Acts include any overtime hours worked in the pay reference period, any time spent on standby in the workplace, Minimum Hourly Rates of Pay and any training time during normal working hours. Working hours for the purposes of the Act do not include the time that an employee The National Minimum Wage Acts 2000 is absent from work on annual leave, sick and 2015 provide that an experienced adult leave, protective leave, adoptive leave, worker must be paid an average hourly rate parental leave, while laid-off, on strike or time of pay that is not less than the national for which an employee is paid in lieu of notice. minimum wage in a pay reference period. A pay reference period may be a week, a fortnight or no longer than a month. For the purposes of the Acts, an experienced adult Reckonable and Non-Reckonable worker is an employee who is not: Pay

(i) under age 18, or Reckonable pay means those payments or benefits in kind that are allowable in (ii) in the first two years after the date of calculating the average hourly rate of pay first employment over age 18, or of an employee, in order to determine if the (iii) a trainee undergoing a course that employee has been paid his/her minimum hourly rate of pay entitlement under the satisfies the conditions which are set Act. Information on reckonable and non- out in S.I. No. 99 of 2000. reckonable pay components is contained in the Detailed Guide to the National Minimum The table over illustrates the circumstances Wage Acts, which may be downloaded from where an employer may pay a lower rate than www.workplacerelations.ie or obtained the national minimum wage rate shown above. from the Workplace Relations Commission (T: 1890 80 80 90).

Determining the average hourly rate of pay Training / Study Criteria The criteria that a course of training or study The gross reckonable pay earned by an must satisfy for the purposes of the Act, in employee in a pay reference period is divided order for an employer to pay an employee by the employee’s working hours in that pay the trainee rates, are set out in the Detailed reference period. The average hourly rate Guide to the National Minimum Wage Acts. An of pay obtained must be not less than the employer, even if an employee changes his/ minimum hourly rate of pay entitlement of her job, cannot pay an employee the trainee

44 Employee % of National Minimum Rate of Pay

Experienced adult worker 100%

Employee under age 18 70%

Employee in the second year after the date of first 90% employment over age 18, whether or not the employee changes employer during the year

Employee in the first year after the date of first employment 80% over age 18, whether or not the employee changes employer during the year*

Employee in a course of training or study over age 18, undertaken in normal working hours

1st 1/3rd period 75% 2nd 1/3rd period 80% 3rd 1/3rd period 90%

Note: Each 1/3rd period must be at least 1 month and no longer than 12 months.

Experienced adult worker named by the Labour Court in The Labour Court will decide granting a temporary exemption to an employer from paying the lower hourly rate of pay the national minimum hourly rate of pay. that the employee must be paid for the period of the Note: Minimum period of temporary exemption is 3 months temporary exemption. and maximum period is 12 months

* Employment experience prior to age 18 is not taken into account for these rates.

The statutory minimum hourly rates of pay are gross amounts i.e. before tax/PRSI is deducted. rates a second time unless the employee Records undergoes a course of training or study that is different in purpose or content from the An employer must keep all records that previous training or study undertaken by the are necessary to show whether this Act employee. is being complied with in relation to an

45 employee, for at least 3 years from the Methods of Payment date any record is made. The records must be kept by the employer at the premises The Payment of Wages Act 1991 provides or place where the employee works, or if that every employee has the right to a the employee works at 2 or more premises readily negotiable mode of wage payment. or places, the premises or place from The modes of payment prescribed in the Act which the activities of the employee are include cheque, credit transfer, cash, postal/ principally directed or controlled. money order and bank draft.

Overtime Statement of Wages In general employment rights legislation The 1991 Act obliges employers to give to each does not provide for overtime. While the Organisation of Working Act 1997 employee with every wage packet a written regulates rest breaks and maximum weekly statement of gross wages (payslip) itemising working hours it does not cover overtime each deduction. It is an offence not to do so. If payment. Employees do not have a statutory wages are paid by credit transfer, the statement entitlement to overtime pay. of wages should be given to the employee soon after the credit transfer has taken Policy in relation to overtime pay may be place. Complaints to the Workplace Relations decided by the employer and agreed as Commission regarding the non provision of part of the employee’s terms and conditions payslips/written statements of gross wages of employment or through collective will be investigated by an inspector. agreements negotiated between employers and employee representatives. Deductions A number of employment sectors may have pay and conditions of employment that Employers may not make deductions from are regulated by means of Employment wages or receive payment from their workers Regulation Orders (EROs) or Registered unless: Employment Agreements (REAs), that are legally binding on employers in the sectors to 4 required by law, such as PAYE or PRSI; which they apply. A small number of individual firms may also have binding REAs. Some of 4 provided for in the contract of the EROs/REAs may regulate overtime pay. employment, for example, certain occupational pension contributions; The Terms of Employment (Information) or to make good such shortcomings Act 1994 to 2014 provide that an employer as bad workmanship, breakages or is obliged to provide an employee with a till shortages; or for the provisions of written statement of terms of employment goods and services necessary for the within 2 months of the commencement job such as the provision or cleaning of of employment. The written statement of uniforms; terms must include information on any terms or conditions relating to hours of work 4 made with the written consent of the including overtime, as well as information on employee, for example a private health the rate of pay of the employee or how the insurance payment or trade union pay is calculated. subscriptions.

46 Special restrictions are placed on employers Sick Pay and Sick Leave in relation to deductions (or the receipt of payments) from wages that:- In general the matter of sick pay and sick (i) arise from any act or omission of the leave is not covered under employment employee, or rights legislation. Policy on sick pay and sick leave in individual companies may (ii) are in respect of the supply to the be decided by the employer and agreed as employee by the employer of goods part of the employee’s terms and conditions or services that are necessary to the of employment or may be set out through employment. collective agreements negotiated between employers and employee representatives.

A deduction from wages of the kind described The Terms of Employment Acts 1994 to 2014 at (i) or (ii) above must be authorised by provide that an employer is obliged to provide virtue of a term in the employee’s contract an employee with a written statement of of employment. terms of employment within 2 months of the commencement of employment. The The employee must be given at some time written statement of terms of employment prior to the act or omission, or the provision must include information on the terms or of the goods or services, written details of conditions relating to incapacity for work due the terms in the contract of employment to sickness or injury. governing the deduction (or payment to the employer) from wages. The Payment of Wages Act 1991 provides that an employee who does not receive sick When a written contract exists, a copy of the pay as per his/her terms of employment term of the contract that provides for the deduction (or payment) must be given to the may refer a complaint to the Workplace employee. In any other case, the employee Relations Commission for adjudication. The must be given written notice of the existence relevant complaint form is available on and effect of the term. www.workplacerelations.ie.

The amount of the deduction described at (i) or (ii) above must be fair and Complaints reasonable having regard to all the circumstances including the amount of Employees have the right to complain to the the wages of the employee. Workplace Relations Commission in relation to entitlements under the National Minimum In addition to the above, in the case of Wage Acts 2000 and 2015, an unlawful a deduction that is related to the act or deduction (or payment) from wages or in omission of an employee, the employee the event of non-payment of wages. The must be given particulars in writing of relevant complaint form is available on the act or omission and the amount of www.workplacerelations.ie or by contacting the deduction (or payment) at least one the Commission’s Information and Customer week before the deduction (or payment) Services on 1890 80 80 90. There is a right is made.

47 of appeal by either party to the Labour Court An employee may also request an inspector from a decision of a WRC Adjudication Officer. of the Workplace Relations Commission to investigate an allegation that an employer An employee cannot refer a dispute to has failed to pay the hourly rates of pay the Workplace Relations Commission for prescribed under the National Minimum adjudication by an Adjudication Officer in Wage Acts 2000 and 2015. The complaint relation to entitlements under the National form available on www.workplacerelations.ie Minimum Wage Acts 2000 and 2015 unless may also be used to present such a request. the employee has written to the employer However, an employee may not refer a requesting a written statement of his/her dispute for adjudication by an Adjudication average hourly rate of pay from the employer, Officer and also request an inspector to in relation to a specific pay reference period investigate the same alleged under-payment or periods that are the subject of the dispute, of the employee’s statutory minimum hourly and has either obtained that statement, rate of pay entitlement. or waited for the 4 weeks to elapse during which the employer is permitted to respond Section 4 of the Payment of Wages Act to the employee’s request. 1991 provides that an employer must give employees a written statement of gross Where a WRC inspector is satisfied that an wages (payslip) itemising each deduction. illegal deduction from wages has occurred, Where a WRC inspector has reasonable contrary to Section 5 of the Payment of grounds for believing that the offence of Wages Act 1991, he/she may, in accordance failing to provide such a statement has with Section 28 of the Workplace Relations occurred, he/she may serve a Fixed Payment Act 2015, issue a Compliance Notice on the Notice on that employer in accordance employer setting out the compliance actions with Section 36 of the Workplace Relations to be taken by a specified date. An employer Act 2015. If the employer pays the charge may, not later than 42 days of the service of specified on the Notice the matter does not the notice, appeal that notice to the Labour proceed to Court. However, if the person fails Court. Failure to comply with a Compliance or refuses to pay the charge the matter can Notice is an offence. be progressed to the District Court where the defendant can defend their position in the Section 23 of the National Minimum Wage normal way. Act 2000 provides for the offence of failure to comply with a request for a written statement of the employee’s average hourly Additional Information rate of pay. Where a WRC inspector has reasonable grounds for believing that such See the Explanatory Booklets on the an offence has occurred, he/she may serve Payment of Wages Act 1991 and the National a Fixed Payment Notice on that employer in Minimum Wage Acts, copies of which are accordance with Section 36 of the Workplace available on request, or downloadable from Relations Act 2015. If the employer pays the www.workplacerelations.ie. charge specified on the Notice the matter does not proceed to Court. However, if the person fails or refuses to pay the charge the matter can be progressed to the District Court where the defendant can defend their position in the normal way.

48 Workplace Relations Commission - Guide to Employment, Labour and Equality Law

10 Termination of Employment

Minimum Notice All part-time employees, regardless of the number of hours worked, are also covered by The Minimum Notice and Terms of the Acts. Employment Acts 1973 to 2005 provide that employees in continuous service with The period of notice to which an employee is the same employer for at least 13 weeks entitled varies according to length of service are entitled to a minimum period of notice as follows: before the employer may dismiss them.

Length of Service Minimum Notice

Thirteen weeks to less than two years One week

Two years to less than five years Two weeks

Five years to less than ten years Four weeks

Ten years to less than fifteen years Six weeks

More than fifteen years Eight weeks

The Acts also provide that employers are The Acts do not affect the right of an entitled to at least one week’s notice of employer or employee to terminate a termination from employees who have been contract of employment without notice due employed by them for thirteen weeks or more. to the misconduct of the other party.

Notice entitlements under the contract of The First Schedule to The Minimum Notice employment may exceed the minimum periods and Terms of Employment Acts 1973 to stipulated in the Acts but any provision in a 2005 applies for the purpose of ascertaining contract of employment for shorter periods of the period of service of an employee and notice than the statutory minimum periods has whether that service has been continuous, for no effect. The Acts do not, however, preclude an the purposes of a number of the Acts dealing employer or employee from waiving their right with employment rights. to notice or accepting payment in lieu of notice.

49 Redundancy Employment (Part-Time Work) Act 2001 and the Redundancy Payments The Redundancy Payments Acts 1967-2014 Act 2003. impose a statutory obligation on employers to pay compensation to employees dismissed (ii) That the statutory redundancy lump- for reasons of redundancy or laid off or sum entitlement is calculated as kept on short-time for a minimum period6. follows: Redundancy arises where the employer has 4 2 weeks pay for every year of ceased to carry out business, an employee’s service, subject to the statutory job ceases to exist, work of a particular ceiling. nature has ceased, a permanent reduction in the numbers employed has or is due to occur, 4 When that figure has been reorganisation, etc.. calculated, a bonus week’s gross pay, subject to the prevailing The Redundancy Payments Acts 1967 - 2014 statutory ceiling, is added on to provide as follows: get the final statutory redundancy lump sum figure. (i) That an employee with 104 weeks’ continuous service, aged from 16, and whose employment is terminated because of redundancy is entitled to Redundancy Calculator a redundancy lump-sum payment. Part-Time workers are included in To calculate your redundancy entitlements, this by virtue of the Protection of please visit www.welfare.ie and access the Redundancy Calculator.

6 The minimum period is 4 or more consecutive weeks or for a period of 6 or more weeks which are not consecutive but which fall within a period of 13 consecutive weeks.

50 It is strongly recommended that employers/ not pay the lump sum, the employee can apply employees/liquidators, etc. use this to the Department of Employment Affairs and redundancy calculation facility for accuracy Social Protection for direct payment from the and speed of calculation. Social Insurance Fund as follows:

Note that any non-reckonable service only 4 If the employer is unable to pay the arises in the last 3 years of employment. All redundancy lump sum, the employer other service up to this final 3 year period is, should complete and sign the RP50. therefore, fully reckonable for redundancy They should also submit a letter from calculation purposes. Also, “excess” days an accountant or solicitor stating that (periods less than a full year) are credited as they are unable to pay and accepting a proportion of a year. liability for 100% of the lump sum (85% for a dismissal in 2012) The Redundancy Payments Acts, 1967 to 2014 owing to the Social Insurance Fund. further provide that the lump-sum must be Documentary evidence such as audited paid by the employer direct to the employee. accounts should also be included. An employer may decide to make a payment in 4 If the employer refuses to pay the excess of the statutory requirement to employees redundancy lump sum or if there – this is entirely a matter for the employer. The is a dispute about redundancy the Department of Employment Affairs and Social employee may present a complaint to Protection’s role relates exclusively to the the Workplace Relations Commission payment of the statutory entitlement. (WRC). This must be done in the normal course within one year of the date of It should be noted that statutory redundancy termination of employment. Then the employer rebates do not apply where the employee may apply for the lump sum date of dismissal due to redundancy is on by sending a completed form RP50 or after 1st January 2013. Where the date to the Redundancy Payments Section of dismissal occurred in 2012 the employer of the Department of Employment rebate is 15%. If the date of dismissal was in Affairs and Social Protection together 2011 or earlier the employer rebate is 60%. with a favourable decision from a WRC Adjudication Officer. Employers must give at least 2 weeks’ written notice of redundancies. On the date of the termination of employment the employer should pay the redundancy lump sum due. Collective Redundancies Information for employers on making a The Protection of Employment Acts 1977 redundancy claim using the online facility to 2014 provide that, where employers (Form RP50) is available on www.welfare.ie. are planning collective redundancies, they are obliged to supply the employees’ If an employer has not paid a redundancy lump representatives with specific information sum, the employee should apply to his/her regarding the proposed redundancies and to employer using form RP 77 (pdf), also available consult with those representatives at least on www.welfare.ie. If the employer still does

51 30 days before the first dismissal takes place Insolvency to see if the redundancies can be avoided or lessened or their effects mitigated. PURPOSE OF THE INSOLVENCY These consultations must also cover PAYMENTS SCHEME the basis on which it will be decided The purpose of the Insolvency Payments which particular employees will be made Scheme, which is provided for in the redundant. Employers must also give written Protection of Employees (Employers’ notice of their intentions to the Minister for Insolvency) Acts 1984 to 2012, is to protect Employment Affairs and Social Protection at certain outstanding pay-related entitlements least 30 days in advance of the first dismissal. of employees in the event of their There are penalties for failure to comply with employer becoming insolvent as defined these provisions. in the legislation. Insolvency includes such circumstances as liquidation, receivership A collective redundancy means the dismissal and bankruptcy. for redundancy reasons over any period of 30 consecutive days of: ENTITLEMENTS COVERED BY THE (i) at least 5 persons in an SCHEME establishment normally employing more than 20 and less than 50 The main employee entitlements payable employees, under the Scheme are arrears of wages, sick pay, holiday pay and pay in lieu of (ii) at least 10 persons in an notice due under the Minimum Notice and establishment normally employing at Terms of Employment Acts. Payments on least 50 but less than 100 employees, foot of adjudication decisions or mediation 7 (iii) at least 10% of the number of resolutions under equality, maternity employees in an establishment leave, adoptive leave, parental leave, unfair normally employing at least 100 but dismissals and industrial relations legislation less than 300 employees, may also be paid. A wage limit of €600 per week applies to all pay-related entitlements (iv) at least 30 persons in an payable under the Scheme. establishment normally employing 300 or more employees. The Insolvency Payments Scheme also pays employees’ outstanding contributions to There are regulations in place since 21st occupational pension schemes which have December, 2000 - European Communities been deducted from wages of the employees (Protection of Employment) Regulations, but not paid into the pension scheme. 2000 (S.I. No. 488 of 2000) – which amend Unpaid employer pension contributions the Protection of Employment Act 1977 to may also be paid from the Fund subject to provide representation of, and consultation certain limits. with, employees in the absence of a trade union, staff association etc. There are statutory limits on the amounts of payments and the periods to which they

7 Resolutions reached in accordance with Section 39 of the Workplace Relations Act 2015

52 apply. Payments are made from the Social certain exceptions, see below) have had at Insurance Fund. least a year’s continuous service with the same employer.

EMPLOYEES COVERED BY THE A Workplace Relations Commission SCHEME Adjudication Officer may consider whether The scheme covers employees who are the employment of a person on a series of 2 over 16 years of age and are in employment or more contracts of employment, between which is insurable for all benefits under which there was no more than 26 weeks of the Social Welfare Acts at the date of a break, was for the purpose of avoidance termination of employment; this includes of liability by the employer under the Acts. employees over 66 years of age who are in Where it is so found, the length of the various employment, which but for their age, would contracts may be added together to assess be insurable for all benefits under the Social the length of service of an employee for Welfare Acts. eligibility under the Acts.

Persons engaged through employment MAKING A CLAIM agencies are covered by the scope of the legislation. For the purposes of the Unfair Claims are made through the person Dismissals Acts, the party (end user) hiring legally appointed to wind up the business the individual from the employment agency (normally the Liquidator or Receiver), is deemed to be the employer. who will certify the claims from the records available, and submit them to The Acts do not cover employees on fixed the Insolvency Payments Section of the term or fixed purpose contracts whose Department of Employment Affairs and employment terminates when the contract Social Protection to be processed. When expires or the purpose ceases, provided the the claims have been processed, payments contract, signed by both parties, specifies that are made to the Liquidator, Receiver, etc., the Unfair Dismissals Acts do not apply to the who will pay the employees concerned, expiry only of the contract. If a series of two having made any statutory tax or other or more of these contracts, between which deductions there was no more than a 3 month break, is considered to have existed for the purpose of avoidance by the employer of liability Dismissal under the Acts, they will be added together in calculating continuous service of an employee The Unfair Dismissals Acts 1977 to 2015 for eligibility under the Acts. Apart from this, provide protection for employees from being any provision in an agreement, whether a unfairly dismissed from their jobs by laying contract of employment or not, to exclude or down criteria by which dismissals are judged limit the application of the Acts is void. to be unfair and by providing an adjudication system and redress for an employee whose The Acts also do not cover, for example, dismissal has been found to be unjustified. designated apprenticeships where the The Acts apply to employees who (with employee is let go in the month following

53 completion of the apprenticeship (unless the UNFAIR DISMISSAL dismissal results wholly or mainly from (i), An employer who has dismissed an employee (vi), (vii), (viii), (ix) or (xiii) below). must, if asked, furnish in writing within 14 days the reason for the dismissal. Dismissals The Acts do not apply in a dismissal where the are unfair under the Acts where it is shown employer informs the employee in writing at that they have resulted wholly or mainly the commencement of the employment that from one or more of the following: the employment will terminate upon the return to work with that employer of another (i) the employee’s trade union employee who is absent from work while on membership or activities, either protective leave or natal care absence, within outside working hours or at those the meaning of Part IV of the Maternity times during working hours when Protection Act 1994, or is absent from work permitted by the employer, attending ante-natal classes in accordance with section 15A (inserted by section 8 of (ii) the religious or political opinions of the Maternity Protection (Amendment) Act the employee, 2004), or for breastfeeding in accordance (iii) the employee having made a with section 15B (inserted by section 9 of the protected disclosure, Maternity Protection (Amendment) Act 2004), of the first-mentioned Act, and the dismissal (iv) civil or criminal proceedings against of the first-mentioned employee duly occurs the employer in which the employee for the purpose of facilitating the return to is, or is likely to be, involved (as party, work of that other employee. complainant or witness), (v) the exercise or proposed exercise GROUNDS FOR DISMISSAL by the employee of the right to parental leave or force majeure The Acts provide that every dismissal of leave under the Parental Leave Act an employee will be presumed to have 1998 or carer’s leave under and in been unfair unless the employer can show accordance with the Carer’s Leave substantial grounds justifying the dismissal. Act 2001, In order to justify a dismissal, an employer must show that it resulted wholly or mainly (vi) the race or colour or sexual from one or more of the following causes: orientation of the employee, (vii) the age of the employee, (i) the capability, competence or qualifications of the employee, (viii) the employee’s membership of the travelling community, (ii) the employee’s conduct, (ix) the employee’s pregnancy, (iii) the redundancy of the employee, attendance at ante-natal classes (iv) the fact that continuation of the giving birth or breastfeeding or any employment would contravene matters connected therewith, another statutory requirement, (vii) the exercise or proposed exercise by the employee of the right under the or that there were other substantial grounds Maternity Protection Acts 1994 and for dismissal. 2004 to any form of protective leave or natal care absence or to time

54 off from work to attend ante-natal f) exercising the right to carer’s leave, classes or to time off from work or and a reduction of working hours for g) having made a protected disclosure. breast feeding in accordance (viii) the exercise or proposed exercise by an employee of the right to adoptive It can also be construed as dismissal if leave, additional adoptive leave a person’s conditions of work are made or time off to attend certain pre- so difficult that he or she feels obliged adoption classes or meetings under to leave. This is called constructive the Adoptive Leave Acts 1995 and dismissal. 2005, (ix) the unfair selection of the employee for redundancy, REDRESS (x) the employee’s exercising of rights or The redress for unfair dismissal is: proposed exercise of rights under the National Minimum Wage Acts 2000 (i) re-instatement in the old job, or and 2015 or under the safety, Health (ii) re-engagement in the old job or in a and Welfare at Work Act 2005. suitable alternative job on conditions which the adjudicating bodies consider reasonable, or EXCEPTIONS TO SERVICE REQUIREMENT (iii) where financial loss has occurred, financial compensation (not There are a number of exceptions to the exceeding 104 weeks pay or, in requirement for employees claiming the case of protected disclosure dismissal to have a year’s continuous service dismissals, 260 weeks pay -the with their employer. These include dismissal precise amount of compensation can due to depend on such matters as where the responsibility for the dismissal a) trade union membership or activity, lay, the measures taken to reduce either outside working hours or at financial loss or the extent to which those times during working hours negotiated dismissal procedures (if when permitted by the employer, these existed) or the Code of Practice b) pregnancy or matters connected on Grievance and Disciplinary therewith, Procedures were followed), or c) exercising the right to adoptive leave, (iv) where no financial loss has occurred, financial compensation of up to 4 d) exercising the right to parental or weeks pay. force majeure leave, e) exercising rights under the National Minimum Wage Acts, 2000 and 2015,

55 Complaints The Unfair Dismissals Acts provide for a right of complaint to the WRC where The Minimum Notice and Terms of Employment employees consider that they have been Acts 1973 to 2005 provide a right of complaint unfairly dismissed. Employees who consider to the Workplace Relations Commission they have been unfairly dismissed but who (WRC) where an employee believes that a do not qualify under the Unfair Dismissals contravention of the Acts has occurred. Acts for certain reasons (e.g. have less than a year’s continuous service) may, in most cases, The Redundancy Payments Acts 1967-2014 refer the matter to the Workplace Relations provide a right of complaint to the Workplace Commission for adjudication under the Relations Commission (WRC) where an Industrial Relations Act 1969. Referrals may employee believes that he/she has not also be made to the Commission in the case received his/her entitlements under those Acts. of dismissals connected with any of the nine discriminatory grounds prescribed by the Section 11A of the Protection of Employment Employment Equality Acts, 1998-2015. Act 1977 provides for a right of complaint to the WRC where employers allegedly The relevant complaint form is available on contravene their obligations to consult with, www.workplacerelations.ie or by contacting and give information to, employees in a the Commission’s Information and Customer collective redundancy situation. Services on 1890 80 80 90. There is a right of appeal by either party to the Labour Court Section 9 of the Protection of Employment Act from a decision of a WRC Adjudication Officer. 1977 provides that an employer must initiate consultations with employees’ representatives where he/she proposed to create collective Additional Information redundancies. Where a WRC inspector has reasonable grounds for believing that the See the Explanatory Leaflets on the offence of failing to so consult has occurred, Minimum Notice and Terms of Employment he/she may serve a Fixed Payment Notice on Acts, the Protection of Employment Act 1977, that employer in accordance with Section 36 Guide to the Redundancy Payments Scheme, of the Workplace Relations Act 2015. If the the Insolvency Payments Scheme and the employer pays the charge specified on the Unfair Dismissal Acts, copies of which are Notice the matter does not proceed to Court. available on request, or downloadable However, if the person fails or refuses to pay from www.workplacerelations.ie. Detailed the charge the matter can be progressed to Redundancy Payment and Insolvency the District Court where the defendant can Payment Scheme Procedures are available defend their position in the normal way. from the Department of Employment Affairs and Social Protection at www.welfare.ie. The Protection of Employees (Employers’ Insolvency) Acts 1984 to 2012 provide that disputes regarding decisions of the Department of Employment Affairs and Social Protection on applications for payment in respect of arrears of pay, sick pay, holiday pay and in relation to pension scheme contributions may be referred to the WRC for adjudication.

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11 Equality

Employment Equality Collective Agreements

The Employment Equality Acts 1998 to In cases where an employer recognises 2011 cover employees in both the public a trade union or a group of unions, it is and private sectors as well as applicants for common to engage in collective bargaining employment and training. to negotiate agreements. A collective agreement is one made by or on behalf of an The Acts outlaw discrimination in work- employer and a representative trade union related areas such as pay, vocational training, which governs pay and/or other conditions access to employment, work experience and of employment. promotion. Cases involving harassment and victimisation at work are also covered by Under section 9 of the Employment the Acts. The publication of discriminatory Equality Acts 1998-2011, any provision in a advertisements and discrimination by collective agreement or other order which employment agencies, vocational training discriminates on any of the nine grounds may bodies and certain other bodies, e.g. be declared null and void. This includes an trades unions and employer associations, agreement which results in a discriminatory is outlawed. Collective agreements may difference in pay. be referred to the Workplace Relations Commission for mediation or investigation. The agreements and orders which may be challenged are: collective agreements, The nine grounds on which discrimination is Employment Regulation Orders and outlawed by the Employment Equality Acts Registered Employment Agreements. are as follows:

4 Gender 4 Civil status Occupational Pensions 4 Family status 4 Sexual orientation Occupational pensions are, broadly speaking, 4 Religious belief pensions established by an employer for 4 Age employees (as distinct from ones provided by 4 Disability the State through the social security system). 4 Race colour, nationality, ethnic or national origins In accordance with Part VII of the Pensions 4 Membership of the Traveller Act 1990 (as amended by the Social Welfare community (Miscellaneous Provisions) Act 2004) it is

57 unlawful to discriminate directly or indirectly opposing unlawful discrimination is called in relation to occupational pensions on any victimisation and the Equal Status Act of the nine protected grounds as listed above. specifically protects a person against such victimisation.

Equal Status Complaints The Equal Status Acts 2000-2012 prohibit discrimination in the provision of goods and A person who claims to have been services, the disposal of property and access discriminated against or subjected to to education, on any of the nine grounds set victimisation or not to be receiving equal out below. The Acts outlaw discrimination pay or a benefit under an equality clause in all services that are generally available may seek redress by referring the case to the to the public whether provided by the Director General of the Workplace Relations state or the private sector. These include Commission under the Employment Equality facilities for refreshment, entertainment, Acts 1998 to 2011. A claim for redress banking, insurance, grants, credit facilities, relating to discrimination on the grounds of transport and travel services. Discrimination gender may be brought to the Circuit Court in the disposal of premises, provision of instead of to the Director General . accommodation, admission or access to educational courses or establishments is also A person who is affected by a collective prohibited subject to some exemptions. agreement or order can refer a complaint to the Workplace Relations Commission. The eleven grounds on which discrimination is outlawed by the Equal Status Acts are as follows: All claims of discrimination in relation to occupational pensions may be referred to the 4 Gender Director General of the Workplace Relations 4 Civil status Commission who may refer the matter to the 4 Family status Pensions Board if s/he so wishes for technical 4 Sexual orientation advice on pension matters. 4 Religious belief 4 Age Persons who consider that prohibited conduct, 4 Disability as defined under the Equal Status Acts, has 4 Race colour, nationality, ethnic or been directed against them may seek redress national origins by referring the case to the Director General 4 Membership of the Traveller of the Workplace Relations Commission. community Such referrals may also be made by the Irish 4 Victimisation Human Rights and Equality Commission. 4 Housing assistance

Complaints in respect of registered clubs and licensed premises may only be referred to the District Court.

Penalising a person for making a complaint of discrimination or for giving evidence in someone else’s complaint or lawfully

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12 Other Relevant Provisions

Transfer of Undertakings pension schemes outside the Social Welfare Acts. In effect, such pension rights in place on the date of transfer do not transfer across THE REGULATIONS to the new contract but are protected under the Pensions Acts 1990 to 2003 – where the The European Communities (Protection of relevant supplementary company pension Employees on Transfer of Undertakings) scheme is an occupational pension scheme Regulations 2003 aim to protect the within the meaning of those Acts (i.e. an contractual rights of employees in respect of approved pension scheme). In relation to their employment in the event of the transfer unapproved occupational pension schemes, to another employer of the business or part the transferee (new employer) is required to of the business in which they are employed. “protect” the rights of employees in such cases.

TRANSFER OF CONTRACTUAL RIGHTS/OBLIGATIONS DISMISSAL The Regulations provide that the rights and An employee may not be dismissed by reason obligations of the original employer (“the of the transfer of an undertaking. Dismissals transferor”) arising from an employment for “economic technical or organisational contract existing at the date of a transfer reasons entailing changes in the workforce” shall, by reason of such transfer, be transferred are, however, not prohibited. to the new employer (“the transferee”). Furthermore, the transferee must continue to If an employee’s contract of employment observe the terms and conditions agreed in is terminated because a transfer involves a any collective agreement on the same terms substantial change in working conditions to as were applicable to the transferor under the detriment of the employee, the employer that agreement until the date of termination concerned is regarded as having been or expiry of the agreement or the entry into responsible for the termination. force of another collective agreement. EMPLOYER’S INSOLVENCY PENSIONS EXCEPTION The above obligations on the part of an However, the above rule does not apply employer, in a transfer situation, do not in respect of employee’s rights to old apply where the outgoing employer is age, invalidity or survivor’s benefits under subject to proceedings whereby he could supplementary company or inter-company be adjudicated bankrupt, or wound up (a

59 company) for reasons of insolvency, by order The Directive also requires each Member of the High Court. State to ensure that workers posted to its territory are guaranteed the terms and conditions of employment in respect of those EMPLOYEES’ REPRESENTATIVES same matters that employees are guaranteed in that Member State under any universally The position of the employees’ applicable collective agreement concerning representatives is protected across a transfer. construction or related work.

INFORMATION AND CONSULTATION A “posted worker” is defined for the purposes of the Directive as “a worker who, for a limited Both the original and new employer are period, carries out his work in the territory obliged to inform their respective employees’ of a Member State other than the State in representatives of the date of the transfer, which he normally works”. the reasons for the transfer and the legal, social and economic implications of the transfer. This must be done, where reasonably IRISH LAW practicable, not later than 30 days before the Workers posted to work in Ireland from other transfer date, and in any event in good time EU Member States have the protection of all before the transfer is carried out (or in the Irish employment legislation in the same case of the transferee, in good time before way as employees who have an Irish contract the employees are directly affected by the of employment. This is by virtue of the transfer regarding conditions of employment). Protection of Employees (Part-Time Work) Details of any measures envisaged in relation Act 2001, section 20, which states that all to the employees must be discussed with the employment legislation which confers rights employees’ representatives “with a view to or entitlements on an employee applies reaching an agreement”. Where there are no to a posted worker in the same way that it representatives, the employers must arrange applies to any other employee and that, a for the employees to choose representatives person, irrespective of nationality or place for this purpose. of residence, who works in the State under a contract of employment, has the same rights under Irish employment protection Rights of Posted Workers and of legislation as Irish employees. non-national workers in Ireland As the Industrial Relations Act 1946 applies to posted workers, all collective agreements registered under section 27 of that Act apply EU DIRECTIVE to posted workers. EU Directive 96/71/EC concerning the posting of workers in the framework of the provision of services requires each Member State to Specific instruments conferring ensure that a worker posted to its territory rights covered by Directive from an undertaking in another Member State is guaranteed the terms and conditions The enactments that regulate the rights of employment, in respect of certain matters, that are required to be guaranteed to posted that employees are guaranteed under the workers by Directive 96/71 /EC and that law of that Member State. apply to a worker posted to Ireland include:

60 4 Employment Agency Act 1971; to the terms and conditions of 4 Safety Health and Welfare at Work employment of pregnant women Act 1989; or women who have recently given birth, of children and of young 4 Maternity Protection Act 1994; people; and 4 Protection of Young Persons (Employment) Act 1996; 4 equality of treatment between men and women and other provisions on 4 Organisation of Working Time Act non-discrimination. 1997; 4 Employment Equality Acts 2011 and 2015 The activities to which the universally applicable collective agreements, that 4 National Minimum Wage Acts 2000 the Directive requires a Member State and 2015. to ensure are applied to workers posted to its territory, relate include excavation, The collective agreements that regulate the earthmoving, actual building work, assembly rights that are required to be guaranteed and dismantling of prefabricated elements, to posted workers involved in construction fitting out or installation, alterations, or other related activity and that apply to renovation, repairs, dismantling, demolition, such a worker posted to Ireland include any maintenance, upkeep, painting and cleaning Registered Employment Agreements that work, improvements. may be in force in the Construction sector.

The following are the matters in respect of which a Member State is required (by Domestic Workers Article 3.1 of the Directive) to ensure that Domestic workers enjoy the same protection a posted worker is guaranteed the terms under Irish employment legislation as all and conditions of employment guaranteed to employees in that Member State (by law, other legally employed workers. Typical tasks collective agreement etc.): carried out by domestic workers include Cleaning, Cooking, Laundry, Child-minding, 4 maximum work periods and Caring for Elderly or Sick Family Members, minimum rest periods; Gardening & Maintenance, Driving and any Other Duties relating to a household. 4 minimum paid annual holidays; 4 minimum rates of pay, including The question as to whether a person is an overtime rates; employee or not is generally established by reference to the provisions of existing 4 conditions of hiring-out of workers, in employment legislation and established particular by temporary employment contract law. The use of designations such as undertakings; Au Pair or other descriptions of arrangements 4 health, safety and hygiene at work; between consenting parties do not in themselves mean an employment contract 4 protective measures with regard does not exist. A person performing a duty for

61 another person in exchange for a payment Elections for worker directors, which are would strongly suggest the existence of a by secret ballot, are held every 4 years. contractual relationship. Employees of at least 18 years of age, who have one year’s continuous service with the The Industrial Relations Act 1990 (Code of enterprise, are eligible to vote at worker Practice for Protecting Persons Employed in director elections. Other People’s Homes) (Declaration) Order 2007 introduced a code of practice setting Nominees for election must be employees out the current employment rights and between 18 and 65 years of age with at protections for persons employed in other least 3 years’ continuous service. Trade people’s homes and to provide unions and other bodies that are recognised for collective bargaining negotiations may 4 for the obligation to provide a written nominate candidates for election. statement of terms and conditions of employment as required under the The 1988 Act provides for the introduction Terms of Employment (Information) of sub-board participative arrangements in Acts, detailing hours, rates, duties, 35 State enterprises. Sub-board arrangement breaks, leave entitlements, treatment scan be set up following application by a of travel time etc; trade union or unions or at the request of a majority of the employees of the enterprise. 4 for the safeguarding of privacy; Provision is made for the drawing up of an 4 that the employer will not keep any agreement between the State enterprise personal document belonging to an and its employees concerning the specific employee; arrangements to be introduced. The legislation is not prescriptive in relation to 4 for the treatment of accommodation the nature of the arrangements introduced, and making of any deductions; but does provide that these must include the 4 that all additional duties will be by following essential features: prior agreement only and out-of- pocket expenses will be reimbursed (i) a regular exchange of views and promptly; information between management and employees concerning matters 4 that the employer will facilitate the which are specified in the agreement; employee in the free exercise of personal pursuits; and (ii) the giving in good time by management to employees of 4 that the employer will not restrict information about certain decisions the employee’s right to trade union which are liable to have a significant membership. effect on employees interests; (iii) dissemination to all employees of information and views arising from Worker Participation the participative arrangements.

The Worker Participation (State Enterprises) Acts 1977 to 2001, provide for employee participation at board and sub-board level in certain State enterprises.

62 Employment Agencies conditions to which he or she would be entitled if he or she were employed by the The Employment Agency Act 1971 provides hirer under a contract of employment to do that any person carrying on the business of an work that is the same as, or similar to, the employment agency must obtain a licence to work that he or she is required to do during do so from the Minister for Business, Enterprise that assignment. and Innovation. An employment agency is defined as a person (including a temporary The 2012 Act also provides that assignments work agency) engaged in an economic activity forming part of the same series of who employs an individual under a contract of assignments shall, for the purposes of the employment by virtue of which the individual determination of the basic working and may be assigned to work for, and under the employment conditions of an agency worker, direction and supervision of, a person other be treated as a single assignment. than the first-mentioned person.

Persons seeking employment through an Safety, Health and Welfare at employment agency should ensure that they Work deal only with licensed agencies. No fee may be charged by an agency to a job seeker The existing principal piece of primary solely for agreeing to seek employment for legislation dealing with occupational them. Applications for employment agency health and safety is the Safety, Health and licences are received and processed, on Welfare at Work Act 2005 which applies behalf of the Minister for Business, Enterprise to all places of work, to all employers and and Innovation, by the Workplace Relations employees and also to the self-employed. Commission (see www.workplacerelations.ie). This Act places duties on employers and employees concerning the provision of a Furthermore, an employment agency cannot safe and healthy working environment. charge a Non-EEA National employee for a Certain obligations are also placed on Work Permit issued by the Department of those designing, importing, supplying or Business, Enterprise and Innovation. manufacturing articles or substances for use at work. The 2005 Act replaced the Safety, An agency worker is an individual employed Health and Welfare at Work Act 1989 which by an employment agency under a contract provided for the establishment of the Health of employment by virtue of which the and Safety Authority and the assignation of individual may be assigned to work for, and powers and functions to that Authority. under the direction and supervision of, a person other than an employment agency. OTHER OCCUPATIONAL SAFETY AND The Protection of Employees (Temporary HEALTH LEGISLATION Agency Work) Act 2012 provides that an Occupational safety and health legislation agency worker shall, for the duration of his/ is further expanded by the Safety, Health her assignment to a hirer, be entitled to and Welfare at Work (General Application the same basic working and employment Regulations (2007 to 2012), these

63 Regulations provide the statutory provisions BULLYING IN THE WORKPLACE in a self-contained, easily assessable and The Health and Safety Authority is the central user friendly format. co-ordinating State Agency for matters relating to workplace bullying. In this regard, These Regulations address legal requirements any individual who has a concern about concerning workplaces and work equipment, workplace bullying should contact the Anti- the safe use of electricity in the workplace, Bullying Response Unit, which is based at procedures for safe work at height, control of the Health and Safety Authority’s Head Office physical agents at work (i.e. noise, vibration at Metropolitan Building, James Joyce Street, and artificial optical radiation), the protection Dublin 2, D01 K0Y8. of sensitive risk groups (i.e. children and young people, pregnant and breastfeeding There are three relevant Codes of Practice in employees and night and shift workers), this area: the provision of safety signs and first aid at work, protection for persons working in 4 The Code of Practice for Employers explosive atmospheres and safe working of and Employees on the Prevention pressure systems. and Resolution of Bullying at Work- introduced in 2007 under the Safety, The procedures governing the notification to Health and Welfare at Work Act 2005 the Health and Safety Authority of accidents is aimed at preventing and dealing and dangerous occurrences is set down in with bullying where is happens in Part X and the Twelfth Schedule of the Irish workplaces. It is code for both Safety, Health and Welfare at Work (General employers and employees and is Application - Regulations 1993 (S.I. No. 44 administered by the Health and of 1993). The Regulations impose general Safety Authority. and specific obligations on employers with regard to the evaluation and reduction of 4 The Code of Practice detailing the exposure of employees to occupational Procedures for Addressing Bullying risk and hazards, the development of risk in the Workplace -made under the prevention policies, consultation, training Industrial Relations Act 1990 and and information of workers and health administered by the Workplace surveillance. Employees are also obliged Relations Commission. by these Regulations to cooperate with 4 The Code of Practice on Guidance employers in matters relating to the on Prevention and Procedures for protection of their own safety and health dealing with Sexual Harassment and at work. Harassment at Work made under the Employment Equality Act 1998 and There are also issue and sector specific administered by the Irish Human regulations e.g. asbestos, carcinogens, Rights and Equality Authority. chemical agents, construction, explosive atmospheres, mines and quarries. The 2005 Act continues to be augmented by a growing body of secondary legislation reflecting ongoing developments at EU level in the area of Occupational Safety and Health.

64 Complaints out the compliance actions to be taken by a specified date. An employer may, not later An employee (or his/her trade union) may than 42 days of the service of the notice, take a complaint to the Workplace Relations appeal that notice to the Labour Court. Commission (WRC) that an employer has Failure to comply with a Compliance Notice contravened his/her obligations to the is an offence. employee under the European Communities (Protection of Employees on Transfer of The relevant complaint form is available on Undertakings) Regulations 2003. www.workplacerelations.ie or by contacting the Commission’s Information and Customer Complaints in relation to contraventions Services on 1890 80 80 90. There is a right of the Protection of Employees (Temporary of appeal by either party to the Labour Court Agency Workers) Act 2012 may be presented from a decision of a WRC Adjudication Officer. for adjudication to the Workplace Relations Commission. Additional Information Where a WRC inspector is satisfied that a hirer has failed to treat an agency worker no See the Explanatory Booklet on the less favourably than the hirer’s employees European Communities (Protection of in relation to access to collective facilities Employees on Transfer of Undertakings) and amenities at a place of work, contrary to Regulations, 2003 and the Guide to the Section 14 of the Protection of Employees Worker Participation (State Enterprises) (Temporary Agency Workers) Act 2012, he/ Acts 1977 to 2001, copies of which are she may, in accordance with Section 28 of available on request, or downloadable from the Workplace Relations Act 2015, issue a www.workplacerelations.ie. Compliance Notice on the employer setting

65 66 Workplace Relations Commission - Guide to Employment, Labour and Equality Law

Appendix I- Adjudication Redress Provisions

67 Act Section or Contravention Redress Regulation Industrial Relations 42, 43, 44, 45 Contravention of an May require the employer Act 1946 to 2015 (1946 Act), Employment Regulation Order, to comply with the relevant Chapter 2 a Sectoral Employment Order Employment Regulation of 2015 Act, or a Registered Employment Order or make an award of Chapter 3 of Agreement compensation not exceeding 2 2015 Act years’ remuneration Minimum Notice 4(2), 5, 6 Failure to give minimum notice; Compensation for any loss and Terms of failure to grant the employee’s sustained by reason of the Employment Act rights during a period of contravention (Sections 4(2) 1973 notice; failure to give notice to and 5); such directions as are employer. considered appropriate. Protection of 9 and 10 Failure of employer to Requiring the employer to Employment Act consult with employees comply with Section 9 or 10 1977 representatives where collective and/or pay compensation not redundancies are proposed; exceeding 4 weeks’ pay failure of employer to provide information to employees’ representatives in relation to proposed redundancies Unfair Dismissals 3, 4, 5, 6 Unfair dismissal May include re-instatement of the Acts employee in the position which he held immediately before his dismissal on the terms and conditions on which he was employed immediately before his dismissal; re-engagement by the employer of the employee either in the position which he held immediately before his dismissal or in a different position which would be reasonably suitable for him on such terms and conditions as are reasonable having regard to all the circumstances; if the employee incurred any financial loss attributable to the dismissal, payment to him by the employer of such compensation (not exceeding 104 weeks remuneration); if the employee incurred no such financial loss, payment to the employee by the employer of such compensation (if any, but not exceeding 4 weeks remuneration)

68 Act Section or Contravention Redress Regulation Protection of 6, 7 Failure to pay entitlements Direction to pay the amount due Employees under the Insolvency Scheme to the employee. (Employers’ (e.g arrears of wages, sick pay, Insolvency) Acts holiday pay and pay in lieu 1984 to 2012 of notice, payments on foot of adjudication decisions or mediation resolutions) Pensions Act 1990 Non-compliance of any rule of An order requiring that the an occupational benefit scheme, principle of equal pension other than an occupational treatment be complied with; pension scheme, with the an order to take a specified principle of equal treatment; course of action; an order non-compliance of any term for compensation for acts of of a collective agreement, victimization. employment regulation order or contract of employment, insofar as it relates to occupational benefits ,with the principle of equal treatment; non-compliance with the principle of equal treatment in relation to the manner in which an employer affords his/ her employees access to an occupational benefit scheme. Payment of Wages 5 Illegal deduction from wages A direction to the employer Act 1991 to pay compensation of an amount not exceeding the net wages that would have been paid in the week preceding the deduction/payment or, if the deduction/payment is greater than the latter, twice that amount.

69 Act Section or Contravention Redress Regulation Terms of 3, 4, 5 and 6 Failure of employer to provide May include confirmation or Employment a written statement of terms of alteration of the particulars (Information) Act employment, to provide, prior to contained in a statement, a 1994 departure, a written statement requirement for the employer of terms of employment when to alter or add to the required to work outside the statement and the payment of state, to notify the nature and compensation not exceeding 4 date of a change to the terms week’s remuneration. of employment or to furnish a statement at the request of an employee, who has an existing contract of employment prior to the commencement of the Act Maternity Parts II, III Entitlements in relation to May include directions in Protection Act 1994 or IV maternity leave, return to work, relation to the grant of etc. leave and/or the award of compensation not exceeding 20 week’s remuneration. Adoptive Leave Act Parts II, III Failure to grant the adoptive May include directions to the 1995 parent’s entitlements parties to resolve the matter and the award of compensation not exceeding 20 week’s remuneration. Protection of 13 and 17 Failure to preserve the pay rates May include directions to take Young Persons and conditions in place before the a specified course of action and (Employment) Act commencement of the 1996 Act the award of compensation. 1996 (13): Penalisation of an employee for having in good faith opposed an unlawful act under the 1996 Act (17). Transnational 17 Penalisation of an employee May include directions to take Information and because of his/her status as a specified course of action and Consultation of an employee representative; the award of compensation. Employees Act failure of employer to provide 1996 reasonable facilities to representatives Organisation of 6(2), 11 to Failure to grant rest periods, annual May require the employer Working Time Act 23 and 26 leave, public holiday entitlements, to comply with the relevant 1997 information relating to working provision and make an award of time or zero hours practices and compensation not exceeding 2 pay for leave and public holidays years’ remuneration on cessation of employment; penalisation of employee; failure to grant compensatory rest or breaks.

70 Act Section or Contravention Redress Regulation Parental Leave Act Parts 11, Failure to grant the parent’s May specify the grant of 1998 and European III of 2000 entitlements under the 1998 parental leave, the award of Communities Act and Act compensation not exceeding 20 (Parental Leave) Regulation 8 weeks’ remuneration or both. Regulations 2000 of the 2000 Regulations Protections for 4(1) Penalising an employee for May require the employer Persons Reporting having reported child abuse. to comply with the relevant Child Abuse Act provision, take a specified 1998 course of action and make an award of compensation not exceeding 104 weeks’ remuneration

Employment Parts II, III Discrimination, victimisation, Compensation, an order for Equality Acts 1998 and IV of dismissal in circumstances equal remuneration, order for to 2011 1998 Act (as amounting to discrimination equal treatment, order to take amended) or victimization; failure to a specified course of action, pay equal remuneration; non- order for re-instatement or receipt of benefits under an re-engagement with or without equality clause. compensation

Equal Status Acts Part II Discrimination against, or sexual Compensation; order to take a 2000 to 2004 harassment or harassment specified course of action of, or permitting the sexual harassment or harassment of, a person in contravention of the Equal Status Acts. National Minimum 14 Failure to pay the correct pay May include a direction to the Wage Act 2000 entitlement under the 2000 Act employer to pay arrears and the expenses of the employee in connection with the dispute; may require the employer to rectify the contravention and pay any amount in respect of which the employer is in contravention.

71 Act Section or Contravention Redress Regulation Carer’s Leave Act Disputes Failure to grant entitlement to May specify the grant of 2001 other than carer’s leave, carer’s leave, the award of those compensation not exceeding 26 relating weeks’ remuneration or both. to matters under Sections 6(1) (a), (b) or (c), 6(5), 6(6) or 18.

Prevention 8A(5) Penalisation of an employee May require the employer of Corruption for reporting offences under to take a specified course of (Amendment) Act Prevention of Corruption Acts action or make an award of 2001 1889 to 2010. compensation not exceeding 104 weeks’ remuneration Protection of 9 and 15 Treating a part-time employee, May require the employer Employees (Part- in respect of his or her to comply with the relevant Time Work) Act conditions of employment, in a provision and make an award of 2001 less favourable manner than a compensation not exceeding 2 comparable full-time employee; years’ remuneration penalisation of employee Competition Act 50(3) Penalisation of employee for May require the employer to 2002 reporting breaches of the 2002 comply with Section 50(3), Act take a specified course of action and make an award of compensation not exceeding 104 weeks’ remuneration Protection of 6, 8, 9, 10, 11, Treating a fixed-term employee, May require the employer Employees (Fixed- 13 or any in respect of his or her to comply with the relevant Term Work) Act provision of conditions of employment, in provision, to reinstate or 2003 the Act a less favourable manner than reengage the employee a permanent employee; failure (including on a contract of of employer to comply with indefinite duration) or make provisions concerning successive an award of compensation not fixed-term contracts; failure of exceeding 2 years’ remuneration employer to provide a written statement; failure to provide information on vacancies and training opportunities; penalisation of employee etc.

72 Act Section or Contravention Redress Regulation Industrial Relations 8 Victimising an employee on May direct that the conduct (Miscellaneous account of the employee being which is the subject of the Provisions) Act or not being a member of a complaint should cease 2004 trade union or an excepted body and make an award of or the employee engaging or compensation not exceeding 2 not engaging in any activities years’ remuneration on behalf of a trade union or an excepted body

Health Act 2004 55M(1) Penalisation of an employee for May require the employer making a protected disclosure to comply with the relevant under the Health Acts. provision, take a specified course of action or make an award of compensation Safety, Health and 27 Penalisation of an employee for May require the employer Welfare at Work Act performing duties, etc under the to take a specified course of 2005 Health and Safety Acts action or make an award of compensation Employment 26(3) Penalisation of an employee for May require the employer Permits Act 2006 making a complaint or giving to take a specified course of evidence in proceedings under action or make an award of the Employment Permits Act compensation 2006. Employees 13 Penalisation of an employee for May require the employer (Provision of performing his/her functions to take a specified course of Information and under the 2006 Act action or make an award of Consultation) Act compensation not exceeding 2 2006 years’ remuneration Consumer 87(3) Penalisation of an employee May require the employer Protection Act 2007 for reporting breaches of the to comply with the relevant 2007 Act. provision, take a specified course of action or make an award of compensation Chemicals Act 2008 26(1) Penalisation of an employee May require the employer to for reporting breaches of the comply with the provision, 2008 Act. take a specified course of action or make an award of compensation not exceeding 104 weeks’ remuneration

73 Act Section or Contravention Redress Regulation Charities Act 2009 62(1) Penalisation of an employee May require the employer to for reporting breaches of the comply with the provision, 2009 Act take a specified course of action or make an award of compensation not exceeding 104 weeks’ remuneration National Asset 223(3) Penalisation of an employee for May require the employer Management making a complaint or giving to take a specified course of Agency Act 2009 evidence in proceedings under action or make an award of the 2009 Act. compensation

Inland Fisheries Act 38(1) Penalisation of an employee for May require Inland Fisheries 2010 making a complaint or giving Ireland to take a specified evidence in proceedings under course of action or make an the 2010 Act. award of compensation not exceeding 2 years’ remuneration Criminal Justice Act 20(1) Penalisation of an employee for May require the employer 2011 disclosing information relating to take a specified course of to relevant offences action or make an award of compensation not exceeding 2 years’ remuneration Property Services 67(5) Penalisation of an employee May require the employer (Regulation) Act for reporting improper conduct to take a specified course of 2011 under the 2011 Act action or make an award of compensation not exceeding 104 weeks’ remuneration Protection of 6, 11, 13(1), Failure to give an agency worker May require the employer Employees 14, 23, 24 his/her basic working and or hirer, as the case may be, (Temporary Agency employment conditions; failure to take a specified course of Work) Act 2012 to advise of vacancies; the action or make an award of charging of a fee to an employee compensation not exceeding 2 by an agency for arranging years’ remuneration employment; failure to provide the same collective facilities and amenities to an agency worker; penalisation of the employee for invoking rights or making a complaint under the 2012 Act.

74 Act Section or Contravention Redress Regulation Further Education 35(1) Penalisation of an employee for May require the employer and Training Act making a complaint or giving to take a specified course of 2013 evidence in proceedings under action or make an award of the 2013 Act. compensation not exceeding 2 years’ remuneration

Central Bank 41(1) Penalisation of an employee for May require the employer (Supervision and making a protected disclosure to take a specified course of Enforcement) Act under the 2013 Act. action or make an award of 2013 compensation not exceeding 2 years’ remuneration

Protected 12(1) Penalisation of an employee for May require the employer Disclosure Act 2014 making a protected disclosure to take a specified course of under the 2014 Act. action and make an award of compensation not exceeding 260 weeks’ remuneration

European 4 (excluding Failure to protect the rights May require the employer to Communities 4(4)(a)), 5, of employees arising from an comply with the Regulations, (Protection 6, 7, 8 employment contract in the take a specified course of of Employees event of a transfer of a business action or award compensation on Transfer of or part of a business, in which not exceeding 4 weeks’ Undertakings) they are employed, which remuneration (Regulation 8 Regulations 2003 entails a change of employer. breach) or 2 years’ remuneration (other breach). European 5, 6, 7, 8, 9, 10 Failure to grant rest periods, May require the employer Communities breaks, compensatory rest to comply with the relevant (Organisation of or breaks or to comply with provision and/or an award of Working Time) maximum working hours compensation not exceeding 2 Activities of provisions years’ remuneration. Doctors in Training) Regulations 2004

European 7, 8, 9, 10, 11 Failure to comply with May require the employer to Communities provisions relating to annual comply with the Regulations, (Organisation of leave, health assessments, and award compensation Working Time) health and safety, working time not exceeding 2 years’ (Mobile Staff in and the adaptation of work. remuneration. Civil Aviation) Regulations 2006

75 Act Section or Contravention Redress Regulation European 19 The penalisation of employee May require the taking of a Communities representatives for undertaking specified course of action (European Public their functions under the and make an award of Limited-Liability Regulations.” compensation not exceeding 2 Company) (Employee years’ remuneration Involvement) Regulations 2006

European 9(4) Subjecting an employee to any May require the taking of a Communities prejudice because the employee specified course of action (Occurrence has, for the purposes of the and make an award of Reporting in 2007 Regulations, made a report compensation not exceeding 2 Civil Aviation) of an incident of which the years’ remuneration Regulations 2007 employee may have knowledge European Commu- 20(1) The penalisation of employee May require the taking nities (European representatives for undertaking of a specified course of Cooperative So- their functions under the action or make an award of ciety) (Employee Regulations compensation not exceeding 2 Involvement) years’ remuneration Regulations 2007 European 39(1) Penalisation for performing May require the taking Communities functions under the 2008 of a specified course of (Cross-Border Regulations action or make an award of Mergers) compensation not exceeding 2 Regulations 2008 years’ remuneration European Schedule 1 Penalisation for performing May require the employer to Communities functions Failure to provide for comply with the Regulations, (Working Conditions daily rest periods, breaks, weekly and award compensation of Mobile Workers rest periods and contravention not exceeding 2 years’ engaged in of driving time periods. the remuneration. Interoperable Cross- 2008 Regulations Border Services in the Railway Sector) Regulations 2009 European 5, 8, 9, 10, Failure to comply with May require the employer to Communities 11, 12 maximum working hours and comply with the Regulations, (Road Transport) night time work restrictions, rest and award compensation (Organisation of and break period requirements not exceeding 104 weeks’ Working Time of and other employer obligations. remuneration. Persons performing Mobile Road Transport Activities) Regulations 2012

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