IRELAND Law and Practice Contributed by: Philip Tully, Emma Doherty, Geraldine Carr, Simon Shinkwin and Carlo Salizzo, Matheson LLP
days of commencement of employment, of the following core terms of employment: • the full names of the employer and the employee; • the address of the employer; • the expected duration of the contract in the case of a temporary contract, or the end date if the contract is for a fixed-term; • the rate or method of calculation of the employee’s pay; • any terms or conditions relating to hours of work, including overtime and the number of hours the employer reasonably expects the employee to work per normal working day and normal working week; • the place of work, or where there is no fixed or main place of work, a statement stat - ing that there are various places or that the employee is free to set their own place of work or to work at various places; • the date the employment started; • the job title, grade or nature of the work; and • the duration and conditions relating to the probation period (if any). The Terms of Employment (Information) Act 1994 Under the Terms of Employment (Information) Act 1994, all employers are obliged, within one month of commencement of employment, to provide their employees with a written state - ment setting out certain fundamental terms of their employment, such as pay intervals, paid leave (including annual leave and sick pay enti - tlement), pension and pension schemes, notice requirements, details of any collective agree - ments, any training to be provided, the identity of the recipient agency for social security con - tributions and any protection relating to social security arrangements. In addition to the above, if the work pattern is entirely or mostly unpredict -
able, the employer must provide the employee with information about the number of guaran - teed 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 (usu - ally four months). This reference period varies depending on the type of employment in ques - tion. Working time should only take account of time spent working (ie, it should exclude rest breaks). Employees cannot opt out of the 48-hour aver - age working week. Overtime Generally speaking, there is no statutory enti - tlement to overtime under Irish law or payment for overtime. Employees will only be entitled to overtime pay if such an entitlement is contained in their employment contract or established by custom and practice in the employment concerned. However, 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 con - sidering that they may be required to work on a Sunday in calculating the rate of pay.
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