New Employment Legislation
Failure to comply with new employment laws could see employers facing jail time!
What is the Employment act 2018?
To improve security and predictability of working hrs for employees on insecure contracts and those working variable hours.
Key Changes:
1.Written statement within 5 days of commencing employment
Core Terms in 5 Days:
- The full name of employer & employee
- The address if the employer
- Where the contract is temporary, the expected duration of the contracts or the date of expiry of a fixed term contract
- The rate of method of calculating pay and the pay reference period
- What the employer reasonably expects to the normal length of the employees working week
Failure to comply:
- Failure to comply can give rise to a criminal offence
- Fines of up to €5,000
- Imprisonment of up to 12 months
- Liability falls to anyone with responsibility
- Be prepared, put simple documentation in place and ensure that it is rolled out to all employees.
Terms & Conditions of Employment:
| Name of Employer/Employee | Rate, calculation & frequency of remuneration |
| Address of Employer | Reference to statement under minimum wages |
| Place of work | Paid Leave |
| Job Description/details | Sick Pay |
| Start Date & duration | Pension Details |
| Hours of work incl. overtime | Notice of Termination |
| Rest periods and breaks | Details of any collective agreements |
| Additional Best Practice Clauses | |
| Probation | Pay in lieu of notice |
| Confidentiality | Post Termination restrictions |
2. Zero hour contracts prohibited, safe in limited circumstances
- New concept of “banded hours” reduced
3. Minimum payment for employees who are required to be available for work but not called in
- Less than 25% of normal hours provided
- Entitlement to lesser of pay for 25% of hours worked or 15 hours
- Rate of pay is 3 times minimum wage
Casual Contracts:
- Casual
Contracts acceptable
- Does
Mutuality of Obligation exist?
- No obligation to provide work
- No obligation to accept work
- Does
Mutuality of Obligation exist?
4. New concept of “branded hours” reduced
Ground for Refusal:
No evidence to support the employees claim
- There have been significant adverse changes to the business
- Due to exceptional circumstances e.g. emergency
- The average hours worked were effected by a temporary situation
5. Strong anti-penalisation provisions for employees
Anti-Penalisation
Penalisation covers:
- A detriment to terms and conditions of employment
- Discipline or dismissal
- Transfers
- Changing hours
- Reducing pay
- Intimidation
Minimum wage:
HOW YOU CAN PREPARE:
Top Tips:
- Review your current employment contracts
- Do employees hours worked match contractual hours
- Do management understand their new obligations
- Will you be able to provide contacts within 5 days
- Review zero-hour contracts/practices – Are they justified
