Employment contracts solicitors Dublin. Whilst parties are familiar with the requirements to be furnished with the terms of their employment they are not strictly speaking required to furnish a full employment contract although it is best practice to do so and preferable.
According to the law, employers are not obligated to provide your terms of employment in a specific contract format. However, you are entitled to receive certain terms of employment within five days, and additional terms after one month.
Employment Contracts, Terms due within 5 Days
Under the ‘Employment (Miscellanous Provisions) Act 2018’, an employer owes their employees a ‘statement in writing’ regarding their employment conditions, within 5 days of the beginning of their work.
This statement may be relatively basic and only needs to fulfil five main criteria;
- Includes the full name of employer and employee
- Must include the Address of; the Employer, the Employer’s Registered Office or the Employer’s Place of Principal Business
- If employment is temporary, the contract duration must be given
- Payment rate
- Number of hours the employee is expected to work per day and per normal working week
Employment Terms due within the First Month
After the initial one-month period, you have the right to receive additional written terms of employment. According to the ‘Terms of Employment (Information) Act 1994 to 2015’, once you have completed one month of employment, you must be provided with a written statement that includes the following information:
- Paid leave and sick pay details
- Payment frequency
- Pension Scheme details
- Work Pattern; Guaranteed Hours, Predictability of Hours
- Specified period of notice before an employer terminates an employer’s contract
- Specified period of notice before an employee leaves
- In the case of temporary agency contracts, the details of who is hiring you
- Details of which agency will provide social security contributions and protection
- Terms and Conditions any Union rules which may affect your employment
- Any workplace training details
What happens if there is an Error written into an Employment Contract?
The ‘Employment (Miscellanous Provisions) Act 2018’ allows some room for error in these documents, if you can show it was an accident and done in good faith. However, if any proof of intentionally false or misleading information provided by an employer arose this would constitute an offence. Furthermore, if it was proven that someone within the company, like a director or manager was aware of this offence, they too would be prosecuted with this offence.
This is an area of law which it is important companies are cautious of. Therefore, if you or your company has a role which requires writing a contract or supervising the writing of a contract, it is important to seek legal advice, and ensure that there is full legal compliance.
What happens if my Employer does not give me an Employment Contract?
If you are an employee and one month has passed since the start of your employment without being provided with the written statement given above, your employer is in violation of the ‘Employment (Miscellaneous Provisions) Act 2018,’ which is considered an offense. However, there is an exception for cases where there is a reasonable cause.
Therefore, if you are an employer ensuring Employment Contracts are well-written and also given out swiftly should be a priority.
Implied VS Express Terms of Employment
What are Express Terms of Employment?
The text above has focused exclusively on express terms of employment, which are conditions that have been explicitly agreed upon by both the employee and the employer. This agreement can take the form of an oral agreement or a written statement.
As an employer, however, it is advisable to have employee-employer agreements in writing as they hold greater legal validity. Additionally, it is crucial to note that certain terms are required by law to be documented in writing and cannot be agreed upon verbally, as discussed earlier.
What are Implied Terms of Employment in a contract?
It is crucial for both employers and employees to understand that an employment contract is not simply confined to the words written on the page. This is because a court of law has the power to read implied terms into a contract, even in the absence of a discussion on the matter between the employer and employee. In simpler terms, if the court believes that a particular term should be included in the agreement, even if it wasn’t explicitly stated, it can be considered an implied term of the contract.
Typically, there are 4 categories of implied terms recognise in Irish Courts
- Terms implied by custom or practice, which may vary depending on the industry.
- These are unwritten terms that are understood and followed within a particular industry or workplace.
- An example of this may be procedures that are generally expected and accepted within that industry.
- Terms implied by statute.
- This refers to any terms which are given in Irish Legislation.
- Terms implied by law.
- This encompasses legal precedence such as the employer’s duty of care and the employee’s duty of trust and confidence.
- Terms arising from collective agreements in unionized employment situations.
- These terms are specific to situations where employees are members of a union. Collective agreements are made by unions then agreed upon by both employees and employers. They are legally binding and provide additional terms that are specific to the unionized workforce.
When should I seek legal advice about Employment Contracts?
Seeking legal advice regarding employment contracts is generally recommended whenever you have concerns or uncertainties about your contract. This includes situations such as termination of employment, changes in employment status, encountering unusual or complex terms, or being unhappy with certain provisions.
At Setanta Solicitors we offer legal advice to both employers and employees.
Our team can assist employees to ensure they make informed decisions before they sign any agreements, as well as provide guidance and support if any issues arise during their employment.
For employers, we can help ensure that their contracts are not only legally compliant but also airtight in how they can be interpreted. Our employment law experts can assist employers in navigating any legal processes that may arise from or pertain to an employment contract.
