HR Consulting Ireland

 

Employment Contracts in Ireland

Our tailored employment contracts are customised to suit the needs of your business.

As an employer, you are legally required to issue your employees a written statement of terms.

HR Buddy ensures your staff contracts are legally sound and compliant with Irish employment law. Get expert guidance from our HR specialists – no confusion, just confidence in your hiring process.

 

What does a contract of employment include?

A well-drafted employment contract is key to a healthy working relationship. It clarifies expectations for both the employer and employee, reducing the chances of future issues regarding the employment agreement.

Our guide to employment contracts is suitable for all business owners who employ staff. This guide covers types of employments contracts, as well as everything you need to know about contracts of employment in Ireland.

Recent changes in employment law means that it is now more important than ever to review your organisation’s HR documentation (including employee handbooks).

Outdated policies and documentation can expose your business to legal risks and costly claims. Stay ahead of the curve with HR compliance solutions – ensure your policies reflect the latest Irish employment law.

While a well-drafted employment contract forms the foundation of a strong employer-employee relationship, navigating employment contract issues can still arise. HR Buddy can help.

Speak to our professional HR advisers today to ensure your business is fully compliant. Call 064 669 8034 or use the contact form below.

Page Contents

• What does a contract of employment include?
• Written statement of terms of employment​
• Remaining terms of employment​
• Is it law to have a contract of employment?
• How to write an employment contract
• Types of employment contracts in Ireland​
• Contact our team

What are the written statement of terms of employment?

These core terms of employment must be provided to your employees within five days of starting work. These terms include:

• Employer name
• Employee name
• Details of the fixed or main place of work
• Employment start date
• Job title and brief description
• Expected duration of contract
• Pay reference period
• Daily and weekly hours of work
• Probationary period (if relevant)
• Terms relating to normal hours of work and/ or overtime

The laws governing this relate to the Employment (Miscellaneous Provisions) Act 2018 as well as the EU (Transparent and Predictable Working Conditions) Regulations 2022, as well as The Organisation of Working Time Act 1997.

An employment contract must include essential details as outlined by the Terms of Employment (Information) Act, 1994.

Key clauses in a written contract cover duties, working hours, notice, garden leave, pay structures, sick pay, holidays, pensions, and retirement.

What are the remaining terms of employment?

Within the first month of employment, you must issue your employees with a written statement of their remaining terms of employment.

These apply to employees working more than eight hours per week. The terms include:

• Frequency of pay (i.e., weekly or monthly)
• Leave entitlements (including paid leave, annual leave and public holidays)
• Sick pay
• Pension scheme(s)
• Notice period for termination of employment
• Details of any relevant collective agreement
• Training opportunities
• The person or firm hiring agency workers (for temporary agency contracts)
• Number of guaranteed working hours, details of days to be worked, and minimum notice for offering work (where the work is likely to be unpredictable)
• The identity of the recipient agency for social insurance contributions and/ or protection regarding social security details

The relevant law is the Terms of Employment (Information) Acts 1994-2014. These have been amended by the EU (Transparent and Predictable Working Conditions) Regulations 2022.

The Act also introduced banded hours; it prohibits zero-hour contracts except in the case of work carried out in emergency circumstances or to provide short term relief work to cover routine absences and it has also simplified the National Minimum Wage rates.

Implied terms involve duties on employers such as paying wages, providing work, ensuring health and safety and maintaining mutual trust and confidence.

Employees, in turn, have duties related to personal service, obedience, competence, due diligence, honesty and protection of trade secrets.

Is it law to have a contract of employment?

It is a legal requirement to have a contract of employment in Ireland.

The Terms of Employment (Information) Act, 1994 mandates employers to provide a written employment statement within two months of an employee’s start date.

This document outlines essential details such as names, start date, remuneration, working hours, leave, and more.

An employment contract includes both express and implied terms.

Express terms in employment are those specifically agreed upon verbally or in writing, such as pay, working hours, rest periods and notice periods.

On the other hand, implied terms are not explicitly stated but are legally binding, deriving from sources like legislation, workplace customs, or logical consequences of the contract’s provisions.

Failure to provide a written statement may result in grievances or formal legal consequences, including potential compensation for employees in cases of unfair dismissal or discrimination.

Claims may be brought to the Workplace Relations Commission (WRC) or the labour court according to employment legislation provisions.

At HR Buddy, we specialise in ensuring employers’ compliance by providing comprehensive support in crafting tailored contracts of employment that adhere to Irish regulations.

We guide employers through the legal requirements outlined in the Terms of Employment (Information) Act, 1994, creating detailed employment contracts.

Additionally, our services include ongoing HR consultancy to update contracts, keeping them aligned with evolving legislation, thus minimising legal risks and fostering a harmonious employer-employee relationship.

How to write or create an employment contract

Employment contracts contain clauses that are legally required and may also contain details beyond a legal requirement, but set out more detailed information about the employment relationship.

Core terms (Employment Act 2018):

• Full names and addresses of employer and employee
• Contract duration for temporary or fixed-term roles
• Pay rates and reference periods for National Minimum Wage Act
• Expected working hours per day and normal working week

Remaining terms (Employment Acts 1994-2014):

• Place of work and job title
• Employment start date and pay intervals
• Conditions relating to hours of work, including overtime
• Leave entitlements (annual, public holidays) and sick leave pay
• Pension schemes and details
• Minimum notice period and collective agreements

Details beyond legal requirements:

• Details of job responsibilities
• Disciplinary and grievance procedures
• Performance management systems
• Reporting structure
• Training and development opportunities
• Company policies and procedures
• Probationary period details
• Flexible work arrangements
• Benefits and perks
• Termination procedures
• Conflict resolution process
• Non-compete or non-disclosure agreements
• Recognition and rewards
• Employer’s duties

In addition, as the employer, you must sign and date the ‘written statement of terms of employment,’ but the employee is not legally obligated to provide a signature. You are responsible for maintaining a copy of this document throughout the employment period and for at least one year after the employment ends.

Click to download a sample statement of terms of employment from the Workplace Relations Commission (WRC) to get you started.  Please note that this is a sample contract of employment for regular employees and may need to be adapted for your business. Contact us for support in creating a compliant employment contract for temporary staff.

We also can advise on industry-specific contracts, including hospitality employment contracts.

For expert guidance in creating a comprehensive employment contract tailored to your business needs, contact us today.

Our HR professionals are here to assist you in fostering a positive work environment while ensuring legal compliance and aligning expectations.

Types of employment contracts in Ireland

The primary types of contracts in Ireland include:

• Permanent contract
• Fixed term contract
• Temporary contract
• Casual contract
• Rolling contract

When creating and issuing employment contracts for your staff, it is important to ensure the correct contract type, based on conditions relating to the employee’s duties.

Permanent contract: Provides ongoing employment without a predetermined end date, offering stability and consistent terms of employment.

Fixed period contract: Specifies a defined duration for employment, often linked to a particular project, season, or temporary need.

Temp contract: Offers short-term employment for a specific period, generally addressing immediate staffing requirements.

Casual contract: Involves employment with no fixed hours or regular commitment, often on an ad-hoc basis, providing flexibility for both employers and employees.

Rolling contract: Continuously renews at the end of each specified term, providing ongoing employment with a degree of flexibility for both parties.

A well-written employment contract protects both the employee’s rights and the employer’s business interests by outlining clear expectations and responsibilities.

For personalised guidance on choosing the right employment contract or assistance in drafting comprehensive agreements tailored to your needs, reach out to our friendly team today.

Need help with employment contracts for your business?

Creating and issuing compliant contracts for your employees in Ireland requires expertise and a keen understanding of the legal framework.

It is important to remember that employee consent is necessary for most amendments to an existing contract. By seeking professional guidance, you can ensure a smooth and legally compliant process.

At HR Buddy, we’re committed to providing the guidance you need to create contracts of employment that are compliant and follow best practices both as an outsourced HR representative or as your WFA (Work from anywhere) Employer of Record (EOR).

Focus on your business as we handle the contracts. Call us for a quick, free quote and let HR Buddy handle your employment contract needs – efficiently and effectively.

Phone 064 669 8034 or use the contact form below.

Employee Handbooks writing service

HR Buddy specialises in providing essential insights and guidance on employee handbooks that are compliant with Irish employment law.

Our handbooks are customised to suit the exact needs of each individual business for small business and bigger organisations.

We create tailored policies, staff handbooks, staff contracts and documents to ensure you are meeting your basic HR compliance requirements.

 

Is an employee handbook required by law in Ireland?

Although an employee handbook, or an employee manual is not specifically required under Irish law, they are invaluable tools in managing the employee/ employer relationship.

As well as this, employers are legally required to provide employees with details of company policies and correct procedures.

The staff handbook has a separate function to an employment contract.

Handbooks can be updated by the employer without input from the employee, however, the employment contract is a legally binding document that cannot be altered without agreement from both parties.

Page Contents

• Are handbooks a legal requirement?
• Policies for an employee handbook
• How to create an employee handbook
• What to include in a handbook
• Partner with a HR company
• Contact

What policies should be included in an employee handbook?

An effective employee handbook is an informative document that details policies and procedures.

These documents provide employees with a centralised repository of information about their rights, responsibilities, and expectations within the workplace.

Some of the policies that should be included in the handbook include:

• Company background and core values
• Code of conduct
• Salary and payroll
• Employee wellbeing
• Disciplinary procedures
• Grievance procedures
• Bullying and harassment policies and procedures
• Health and safety policy
• Equality policy
• New employees induction
• Training and learning
• Development and promotion
• Communication policies
• Data protection
• Redundancy policy
• Terms and conditions
  • Probation
  • Hours of work
  • Company premises
  • Breaks
  • Absence from work
  • Dress
  • Use of internet and communications
  • Confidentiality
  • Right to search
  • Resignation procedure
  • Termination procedure
  • Company property
  • Remote work policy
• Benefits
  • Annual leave
  • Public holidays
  • Parental leave
  • Maternity leave
  • Paternity leave
  • Carer’s leave
  • Force majeure leave
  • Adoptive leave
  • Compassionate leave
  • Pensions

An employee handbook should always be tailored to your organisation and created by a qualified HR professional.

This ensures that policies and guidelines align specifically with your company’s unique culture, values and operational nuances.

The goal is a harmonious work environment and ensure compliance with legal regulations.

How to write an employee handbook

Writing an employee handbook in Ireland involves addressing various legal requirements and including information that is relevant to both the employer and employees.

Here are some guidelines for writing:

Use clear language

When creating an employee handbook, it’s important to be clear and unambiguous. The language should not be overly complex or difficult to understand.

The transparency helps to inform employees about company values and the company rules, while demonstrating standards of ideal employee behaviour.

Establish clear expectations and guidelines

Employee handbooks should establish clear expectations for employee behaviour, performance reviews and compliance with workplace regulations.

This helps to maintain a professional and harmonious work environment, ensuring that everyone is on the same page regarding acceptable and unacceptable conduct.

Protection for both employers and employees

Staff handbooks outline the rights and responsibilities of each party, ensuring that expectations are aligned and potential conflicts are minimised.

This legal protection can safeguard the company from potential legal challenges and liabilities while also providing employees with a clear understanding of their rights and entitlements.

Foster a positive workplace culture

The handbook plays a significant role in shaping and reinforcing the company’s culture.

By articulating the company’s core values, mission, and goals, handbooks can foster a sense of belonging, engagement, and good employee morale.

This shared understanding of the business’s culture helps to create a more cohesive and healthy working environment.

What to include in an employee handbook

Introduction:

• Briefly introduce the company, its mission, and values
• State the purpose of the employee handbook

Welcome message:

• A welcome to new hires or new employees from the CEO or relevant authority
• Information about the company’s history

Table of contents:

• Provide an organized structure for easy navigation

Employment relationship:

• Clarify that the handbook is not a contract
• Outline the employment relationship

Equal opportunities and diversity:

• Emphasise the commitment to equal opportunities and diversity
• Describe the company’s anti-discrimination policies

Terms and conditions of employment:

• Specify working hours, breaks, and lunch arrangements
• Outline the probationary period, if applicable
• Explain the process for changing terms and conditions

Compensation and benefits:

• Detail salary, bonuses, and other compensation structures
• Outline benefits such as health insurance, retirement plans, etc.

Time off and leave policies:

• Explain annual leave, public holidays, sick leave, and other types of leave
• Provide the procedure for requesting paid time off

Code of conduct:

• Define expected behaviour in the workplace
• Discuss dress code, punctuality, and communication standards

Health and safety:

• Highlight the company’s commitment to maintaining a safe working environment
• Explain emergency procedures, information about personal protective equipment and reporting hazards

IT and communication policies:

• Specify acceptable use of company-provided technology and communication channels

Performance expectations:

• Outline employee’s performance expectations and the evaluation process
• Discuss professional development opportunities

Grievance and disciplinary procedures:

• Clearly state the procedure for addressing grievances
• Outline the disciplinary process, including warnings and termination

Confidentiality and data protection:

• Emphasise the importance of confidentiality
• Explain how personal data is handled in compliance with data protection and other applicable laws

Termination of employment:

• Detail the circumstances under which employment may be terminated
• Discuss notice periods and redundancy management arrangements

Employee acknowledgment:

• Include a section where employees acknowledge they have read and understood the handbook

Appendices:

• Include any additional documents or forms referenced in the employee handbook.

Remember, it’s crucial to consult with HR professionals  to ensure that your employee handbook complies with all relevant Irish employment laws and regulations.

This outline is a general guide and may need to be customised based on your specific business and legal requirements. For employee handbook examples, contact our team for guidance.

Partner with an online HR company

HR companies can provide valuable support in creating and maintaining an effective and compliant employee handbook.

An employee handbook is an indispensable tool for any organisation, serving as a roadmap for workplace conduct, policies, and procedures.

By partnering with an experienced HR company like HR Buddy, your organisation will benefit from a comprehensive and tailored handbook that aligns with your unique values and goals.

HR Buddy offers deep expertise in Irish employment law, employment policies and communication strategies, helping companies of all sizes to tailor the handbook to your specific needs and industry requirements without any unnecessary legal jargon.

Contact our team today

Creating a compliant and comprehensive employee handbook requires expertise and a keen understanding of the legal framework.

At HR Buddy, we will ensure that your business’s HR documentation is compliant with Irish law and follows best practices. We work across sectors and support large and small businesses.

Call us on 064 669 8034 or use the contact form below to request a callback from one of our HR experts.