HR TIP New Legislation – Employment {Miscellaneous Provisions] Act, 2018

This new legislation will come into effect in March 2019.

There are a number of key changes to the law and our weekly HR Tip will highlight these over the next number of weeks. For any new employees commencing work they must be issued with a core statement of employment within five days of their commencement of employment. If an employer issues the employee with a contract/statement of terms and conditions prior to or within five days of the employees commencement then core statement is not required. However, employers should ensure that the contract contains the information below.

1. Statement of Core Terms of Employment

The five core terms that must be issued to the employee within the first five days of their employment are:

The full name of the employer and the employee

The address of the employer

The expected duration

The rate of pay or the method of calculation of pay reference period [example - hourly rate of pay and paid weekly [reference period]

The number of hours and days per week that the employer expects the employee to work.

This information should be contained in the contract of employment that issues to employees. The above core statement does not negate the requirement to issue employees with a contract/statement of terms and conditions of their employment. This must be issued within one month of employment. The ideal situation is that the contract is issued to the employee prior to or within the first five days of the employment.

If an employer fails to comply with the core statement document they may be subject to fines up to €5,000 and/or 12 months imprisonment.

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