IRELAND Law and Practice Contributed by: Philip Tully, Emma Doherty, Alice Duffy, Simon Shinkwin and Marie McGinley, Matheson LLP
ee with information about the number of guaranteed hours, the hours and days the employee may be required to work and the minimum notice of a work assignment. For temporary agency contracts, the employer must also provide the identity of the person or firm hiring the agency worker. The statement must be signed by both the employee and the employer. Any change to the statutory particulars must be notified to the employee, in writing, no later than the day on which the change takes effect. 4.3 Working Time An employer may not permit any employee to work for more than an average of 48 hours per week over a particular reference period (usually four months). This reference period varies depending on the type of employment in question. Working time should only take account of time spent working (ie, it should exclude rest breaks). Employees cannot opt out of the 48-hour average working week. Overtime Generally speaking, there is no statutory entitlement to overtime under Irish law or payment for overtime, however such an entitlement may be contained in their employment contract or established by custom and practice. Employers that require employees to work on Sundays are required to compensate them for doing so, whether in terms of paying a Sunday premium or specifically considering that they may be required to work on a Sunday in calculating the rate of pay. 4.4 Termination of Employment Contracts An employer can, under common law, terminate an employment contract without cause, provided this is in accordance with the terms of the contract. Notwith - standing any express contractual right to terminate, employees are afforded statutory protection against unfair or discriminatory dismissal. Under the Unfair Dismissals Acts 1977 to 2015 (UDA), an employer cannot lawfully dismiss an employee unless substan - tial grounds exist to justify termination.
Generally, a dismissal will only be justified if it is based on one of the following grounds. • The capability, competence or qualifications of the employee for the work concerned. • The conduct of the employee. • The redundancy of the employee. • The employee is prohibited by law from working or continuing to work (eg, not holding a valid work permit where one is required). If one of these grounds cannot be established, there must be other substantial grounds to justify the dis - missal. Ending a Contract of Employment Where an employee or an employer wishes to end a contract of employment, minimum periods of notice apply where an employee has been in continuous service for at least 13 weeks. The notice period to be given by an employer depends on the employee′s length of service. It varies from one week, applicable where an employee has been employed for up to two years, to eight weeks′, applicable where an employee has been employed for 15 years and more. Employees are only obliged to give notice of one week, irrespec - tive of their length of service. However, these are only the minimum periods and a contract of employment may specify a longer notice period on either side. There is no requirement to pay an employee severance in the event of dismissal unless it arises because of redundancy. PEA procedures The Protection of Employment Acts 1977 to 2014 (PEA) prescribe the procedures to be followed in a collective redundancy. Employers must initiate con - sultation at the earliest opportunity and, in any event, at least 30 days before the first notice of dismissal is given. The PEA require employers to provide employee rep - resentatives and the Minister for Enterprise, Tourism and Employment with certain written information, such as the proposed number of redundancies and a description of the employees the employer proposes to make redundant. The Minister must also be notified
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