Once an employer starts to regularly pay a worker a wage or a salary, a contract of employment is deemed to exist. Although there is no requirement to furnish this employee with a written contract of employment, under the Terms of Employment (Information) Act 1994, an employer is required to furnish his employees with a written statement of the terms of their employment, within two months of them commencing work. This written statement must contain the following particulars:
- The full name of the employer and the employee;
- The address of the employer;
- The place of work;
- The title of job or nature of work;
- The commencement date of the contract of employment;
- If the contract is temporary, the expected duration of the contract or if the contract of employment is for a fixed term, the date on which the contract expires;
- Details of rest periods and breaks as required by law;
- The rate of pay or method of calculation of pay and the payment intervals;
- Details of the hours of work, to include overtime etc.;
- Details in relation to paid leave and sick leave;
- Details of pensions and pension schemes;
- Details of the notice period to be given by employer or employee;
- Details of any collective agreements that may affect the employee’s terms of employment;
The statement of these terms must be signed and dated by the employer. However, there is no requirement for the employee to sign them. The employer must also keep a copy of the statement for the entire period of the employee’s employment and for at least a year after it ceases.
If an employee makes a complaint to the Rights Commissioner that the employer has not furnished them a written statement of the terms of their employment, the employer can be ordered to pay the employee compensation of a maximum of 4 weeks remuneration.
For further information on Contracts of Employment or indeed any aspect of Employment Law, please do not hesitate to contact Hanahoe and Hanahoe solicitors on 045 897784 or at firstname.lastname@example.org.
This article is merely for information purposes and is not and should not be taken as legal advice. If you have any queries in relation to this or any other of Employment Law, you should consult with a solicitor who specialises in Employment Law. No solicitor/client relationship or duty of care or liability of any nature exists between you and Hanahoe and Hanahoe solicitors, until you receive written confirmation that we are acting as solicitors on your behalf.