Terms and conditions of employment

Within five days of starting work, all employees should receive a written statement of the following basic employment conditions:

  • the employer's and employee's details
  • employer's address
  • the estimated contract time frame, for a temporary contract, or the end date, for a fixed term contract
  • the rate of pay or method of calculation of the employee's pay
  • the number of hours that the employer requires the employee to work, in terms of daily and weekly working hours

Within two months of the commencement of the employment, the employer must provide in writing more detailed terms and conditions of employment including further information, such as:

  1. the place of work
  2. position
  3. the commencement date of work
  4. payment dates of remuneration
  5. working time conditions
  6. information on holidays and other paid breaks (e.g. bank holidays)
  7. sick leave issues
  8. information on the pension scheme
  9. notice period
  10. information on the collective agreements that apply to that employment (currently this includes: construction, security, cleaning)

Disciplinary and complaint procedure

The employer must present these procedures in writing. Regarding the disciplinary procedure, the employer is obliged to provide it within 28 days from the date of the commencement of the employment.

Signature of employer and employee

The employer is obliged to sign the terms and conditions of employment. Irish law does not require an employee's signature to validate the terms and conditions. This is a common misunderstanding of employees. Not signing these terms and conditions of employment (which are often considered to be a contract of employment) does not mean that the employee has not agreed to them. Performing work may be interpreted as acceptance of the employer's terms and conditions of employment.

Change of terms and conditions of employment

A change in the terms and conditions of employment is a change in the content of the employment contract. Like any other change of contract, it requires the consent of both parties. It does not include only those changes that result from a change in legislation.

Claiming your rights

Employees have the right to submit a complaint under a number of employment acts regarding contracts of employment, remuneration, breaches of working time regulations, etc. The basic time limit for submitting a complaint to the WRC - Workplace Relations Commission is 6 months. It is not true that complaints can wait until the end of the employment contract (in such a case the complaint can cover the last 6 months of the employment). It is possible to extend the time limit for a complaint to 12 months - but certain conditions must be complied with. Ignorance of the law or the language barrier are not considered to be grounds for applying for an extension of the complaint time limit.

In matters relating to terms and conditions of employment/employment contracts:

- failure to provide the terms and conditions of employment in writing

- failure to confirm in writing of changes in the terms and conditions of employment

may mean granting the employee a financial compensation of up to 4 weeks' wages.

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    Phone: 1 878 0040
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    List of sample cases, where Krystian Boino represented our office clients before labour courts:

    Redundancy

    Shop Assistant-v- Shop decision nr ADJ-00014634

    Agency employee redundancy

    An Agency Worker An Agency Worker provider, WRC decision nr ADJ-00015084

    Redundancy after lay-off period

    Crèche Assistant Manager v A Crèche, decision nr ADJ-00013421

    Proper introduction of layoff, redundancy claim

    G4S SECURE SOLUTIONS (IRELAND) LTD - AND - KRZYSZTOF STANEK; Labour Court case no.: RPD186

    Working time complaint

    Pracownik -v- G4S SECURE SOLUTIONS (IRE) LTD; Labour Court case nr: DWT1832

    Industrial Relations Act complaint

    Pracownik -v- Firma Ochroniarska; Labour Court case no.: LCR21859

    Pregnancy discrimination

    CLELANDS SUPERMARKETS LTD -v- Employee  Labour Court decision no. EDA1735

    Discriminatory dismissal during sick leave 

    Maciej Czajka -v- Musgrave Retail Partners Ireland Ltd; decision no. DEC-E2017-084

    Discrimination- dismissal of pregnant employee

    Employee- v- WRIGHTS OF HOWTH SEAFOOD BARS LIMITED; Labour Court decision no: EDA1728

    Redundancy- alleged transfer of undertakings (one of 49 cases)

    Employee -v- Nine One One Retail Limited (In Liquidation), Employment Appeals Tribunal decision no.: RP328/2014

    Pregnancy discrimination- reduction of working hours

    A Female Worker -V- A Retail Multiple Adjudicator/Equality Officer decision no. DEC-E2016-064

    Hourly rate- agency workers

    Employees-v- NOEL RECRUITMENT CITI NORTH LIMITED; Labour Court decision no.: AWD1517

    Pregnant employee dismissal

    Employee-v- ROTTAPHARM LTD; Labour Court decision no: EDA159

    Discrimination- dismissal 

    Employee-v- Employer; Labour Court decyzja nr EDA1314