Written statement of terms and conditions
Unlike a "contract for services," an employment contract is a "contract of service." Contracts may include both written and verbal representations, as well as custom and practice. The written contract should outline the essential terms and conditions of employment in clear language.
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 one month 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.
On 16 December 2022, the EU Directive 2019/1152 on Transparent and Predictable Working Conditions came into effect, transposing the European Union (Transparent and Predictable Working Conditions) Regulations 2022 into Irish law. The Directive's goal was to provide transparency in employment conditions and protection to employees on less secure contracts, such as temporary workers or gig economy workers. The Regulations establish new employee rights and modify employers' obligations under the Terms of Employment (Information) Act of 1994, the Organisation of Working Time Act of 1997, and the Protection of Employees (Fixed-Term Work) Act of 2003.
There is already robust legal protection for employees in Ireland with regard to their written employment terms. However, these regulations establish new timelines for delivering specific written terms and conditions. Employers must now provide employees with a '5-day Statement' within 5 days of starting work, this is in addition to existing obligations. Furthermore, an employer is required to provide the comprehensive terms and conditions of employment to the new employee within one month of hire. The employer must sign and date the statement, which can be provided on paper or electronically. The employer must keep proof of the employee's electronic sending or receipt of the statement.