Employment Contract
Irish statutory employment rights
You should have a contract of employment if you are working for a company and are being paid a regular salary. Even if a contract is not written down, legislation in Ireland will acknowledge the complicity of an agreement based on the fact that you are receiving a salary.
There are certain rights that will over-ride any agreement made between an employer and employee. One example of this is Maternity Leave. Any provisions made for Maternity Leave between an employer or employee will have to comply with the minimum requirements laid down by law.
Employment contract written requirements
The Terms of Employment (Information) Act 1994, states that certain terms of a contract must be put in writing. This requirement does not apply to employees who have been employed for less than one month.
Terms that must be, by law, included in a contract of employment are:
Probationary period for employees in Ireland
It is fairly standard for an employment contract to include a trial or probationary period, and there can be provision to allow for an extension of this period.
Within this trial period, an employee cannot avail of statutory protection or laws pertaining to unfair dismissal. However, you can do so if you have worked for in excess of one year in the company, or if you are discriminated against for pregnancy or union membership. Your rights pertaining to such matters as terms of employment, information on holidays and pay slips are upheld, even if you are on a probationary trial period.
If your employer is in breach of any of these employment legislation statutes you may bring this to the attention of a Rights Commissioner. You should do so while you are still in employment with the offending company or within 6 months of leaving your this employment.
Application forms are available from:
The Rights Commissioner Service,
Tom Johnson House,
Haddington Road,
Dublin 4.
Tel: (01) 660 9662.
You should have a contract of employment if you are working for a company and are being paid a regular salary. Even if a contract is not written down, legislation in Ireland will acknowledge the complicity of an agreement based on the fact that you are receiving a salary.
There are certain rights that will over-ride any agreement made between an employer and employee. One example of this is Maternity Leave. Any provisions made for Maternity Leave between an employer or employee will have to comply with the minimum requirements laid down by law.
Employment contract written requirements
The Terms of Employment (Information) Act 1994, states that certain terms of a contract must be put in writing. This requirement does not apply to employees who have been employed for less than one month.
Terms that must be, by law, included in a contract of employment are:
- The full name of both the employer and employee
- The address of the employer. This should be the registered office if the employer is a Limited company
- The place where you will be required to work, or if you will be required to work in a variety of locations, this must be stated.
- The title of the job or the type of employment
- The date the employment commences
- The details of the contract if it is fixed
- If the contract is temporary, the agreed duration must be stated.
- Details of all rest periods and breaks, as is your statutory right.
Probationary period for employees in Ireland
It is fairly standard for an employment contract to include a trial or probationary period, and there can be provision to allow for an extension of this period.
Within this trial period, an employee cannot avail of statutory protection or laws pertaining to unfair dismissal. However, you can do so if you have worked for in excess of one year in the company, or if you are discriminated against for pregnancy or union membership. Your rights pertaining to such matters as terms of employment, information on holidays and pay slips are upheld, even if you are on a probationary trial period.
If your employer is in breach of any of these employment legislation statutes you may bring this to the attention of a Rights Commissioner. You should do so while you are still in employment with the offending company or within 6 months of leaving your this employment.
Application forms are available from:
The Rights Commissioner Service,
Tom Johnson House,
Haddington Road,
Dublin 4.
Tel: (01) 660 9662.