A contract of employment is a ‘‘contract of service’’ as opposed to a ‘‘contract for services’’. Contracts may comprise written and verbal representations and may also be made up of custom and practice. The written contract should outline, in clear language, the key terms and conditions of employment.
The Terms of Employment Information Act, 1994 - 2014 provides that employees with a minimum of one month's service with an employer must be provided with a written statement containing minimum information requirements. The statement must be provided within two months of commencement of employment.
It must contain, amongst other things, the names of the employee and employer, the employer's address and the employee's job title. The statement must be signed and dated on behalf of the employee.
The Employment (Miscellaneous Provisions) Act, 2018 amends the Terms of Employment (Information) Acts, 1994 – 2014 by requiring employers to provide five key terms of employment to employees within five days of employment commencing.
A statement of core terms must include:
- The full name of the employer and employee
- The address of the employer
- The expected duration of the contract (where the contract is temporary or fixed-term)
- The rate or method of calculating pay
- What the employer reasonably expects the normal length of the employee’s working day and week will be.