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The Written Contract of Employment in Irish Employment Law-the Essentials


Feuer an employer or an employee you
need to understand the obligations and entitlement in relation to a written
statement of employment a written statement of terms of employment that’s
what I’m going to cover in this video after this ok the terms of employment
Information Act of 1994 ladies the employer to give a written statement of
certain terms and conditions of employment to the employee within two
months of starting the job this written statement would typically be a contract
of employment recall the contract to employment but it can also just be a
simply a statement all certain terms pursuant to section three of the terms
of employment information Act of 1994 this will set out basic information like
the name of the employer the name of the employee when the employment started or
the situation in relation to rest breaks what is the situation in relation to
sick leave or absences hyouta sickness is retention in the workplace is a
retirement age and so on sections 3 of the Act sets out the obligations if the
employer does not give a written statement to the employee within 2
months of starting then the employee can bring it same to the workplace relations
Commission and this claim can lead to the adjudicator awarding up to four
weeks remuneration to the employee so it’s a very very straightforward
claim and it’s a very very straightforward case to decide because
clearly the statement the contract the written statement has either been given
to the employee or it hasn’t and if it hasn’t well then the employee is simply
going to win that case now there are certain exemptions certain basic
exemptions if an employee for granted is working
less than 8 hours per week or is in employment or has been employed for I
think less than one month then there is no entitlement or no obligation to
written statement requiring large that is the position up to two months the
remuneration can be awarded to the employee for the employers failure even
if the employee is in the job for a very very long time and is in the job since
before the commencement of the legislation in 1994 the employee can
still ask the employer for a statement and the employer then has the obligation
to provide it within two months of that request and the situation in relation to
claim is being brought to the WRC is that if an employee’s bringing a claim
against the employer to the workplace relations commission then this is a very
very simple thing that’s likely to be thrown in along with the substantive
claim for example not Laurie may be bringing a claim for not getting rest
breaks or for unfair dismissal or for bullying or harassment in workplace but
certainly whether he wins or loses or she wins or loses those claims the
question of a statement of written terms is very very straightforward I hope you
find this video useful if you do we might give a thumbs up down below if
you’re an employer and you need a contract of employment I can provide you
a template or I can draft individual contracts for each of your employees of
yourselves but if you find the video useful you might be ok thumbs up down
below and you might be interested in subscribing to my youtube channel I’m
Terry Gauri I’m a solicitor in NC

2 Replies to “The Written Contract of Employment in Irish Employment Law-the Essentials”

  • Hi Terry, just read in a contract of employment, that the employer submits that the parties (Employer) (Employee) hereby submit to the exclusive jurisdiction of the Irish Courts, any thoughts to this clause?

  • Is it right that the employer, demands that the employee must join a trade union, as part of terms and conditions of employment, even though it is not explicitly stated in the Contract?

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