Podcast – Employment Rights Ireland podcast

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Podcast – Employment Rights Ireland

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All About Employment Law in Ireland. Terry Gorry & Co. Solicitors.The Man to See™

8 Episoden

Podcast – Employment Rights Ireland

updated vor 10 Jahren

Serie-Home•Feed

All About Employment Law in Ireland. Terry Gorry & Co. Solicitors.The Man to See™

8 Episoden

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Podcast – Employment Rights Ireland

1
Unfair Dismissals in Ireland:What You Need to Know-Podcast Episode

vor 10 years

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This episode of the Employment Rights Ireland Podcast looks at unfair dismissals, fair procedure, wrongful dismissal, etc. Learn more about our podcast, how to subscribe, and have new episodes delivered directly to your phone here .

Podcast – Employment Rights Ireland

1
Constructive Dismissal:an Introduction-Podcast Episode

vor 10 years

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This podcast episode gives an introduction to constructive dismissal in Ireland. Subscribe to the Employment Rights Ireland podcast here .

Podcast – Employment Rights Ireland

1
Registration of Employers in Ireland-What You Need to Know

vor 10 years

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Are you starting up a small business? Or perhaps you already have a business and intend taking on your first employee? Maybe you are a non Irish company intending to employ someone in Ireland for the 1 st time? By the end of this piece you will be absolutely clear as to your responsibilities for registration as an employer and what forms to use. When do you need to register as an employer in Ireland? If you pay wages in excess of €8 per week for a full time employee or €2 per week for a part timer, you must register as an employer for PAYE purposes. You must also notify the Revenue Commissioners within 9 days of your name and address. Where your business is in the form of a company and there are no employees, you must still register as an employer for the payment of directors’ income. This applies regardless of where the directors live or carry out their duties. Au pairs/nannies If you employ an au pair or nanny, you must also register unless You only have one and They are paid less than €40 per week. How to register as an employer Fill out the appropriate form and send it in to Revenue. The forms are: Form TR1 for an individual/sole trader/partnership Form TR2 for a company registration Form PREM Reg if you are already registered for income tax or corporation tax Form TR2 (FT) for foreign companies registering for tax in Ireland These forms can be downloaded from the Revenue website here . If you have not registered as an employer, and you should have, Revenue can register you compulsorily and let you know. If you cease to have employees you must notify Revenue within 14 days and complete an end of year return. Change of ownership of business If the business changes ownership the new employer should let Revenue know; a new employer registration number may be needed. Same employer, different employer registration numbers It can happen that the same employer can require different employment registration numbers. For example: An employer with more than one branch can find it more convenient to operate a registration number for each branch An employer may have different groups of employees, for example, warehouse and retail or office and factory. A company may wish to operate a different registration number to manage directors’ paye and prsi If the employer has an employee in receipt of a pension, he will need a separate paye/prsi registration number to keep a separate record of pay and pension.…

Podcast – Employment Rights Ireland

1
How to Draft an Employment Contract

vor 11 years

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This episode looks at the express terms that should be in a contract of employment the 4 sources of implied terms in the employment contract.

Podcast – Employment Rights Ireland

1
Interns in the Workplace in Ireland-6 Tips for Internships and the Key Issues

vor 11 years

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You either love them or hate them. What’s one person’s great opportunity to gain some valuable experience is another’s exploitation of the vulnerable, needy, and naive. Regardless of your view, this piece will look at the legal aspects of internships. Well known internships in Ireland include the JobBridge scheme and various FAS initiatives. Both of these internship schemes are specifically excluded from the rigours of employment law in Ireland. But the internship offered by a private business or company has no such protection. It is this type of internship that I am writing about here. The first important thing to understand is what an internship is and what is an intern. Well, there is no statutory definition. And the key point for an employer to consider is whether their “intern” will actually be considered to be an employee with all of the employment law rights that flows from that. An intern is someone who is engaged in a business or profession to observe and gain experience of a particular role, business, or industry. Many internships are unpaid, many are badly paid, and many may have the payment of “expenses” (eg for travel) to the intern. The terms and conditions of internships vary widely from business to business but for an employer one of the most important things is whether the intern could be considered to be an employee or not.. Probably the most important factor in establishing whether an intern is an employee or not is whether he/she works or merely observes-work v education as it were. If he/she works then he/she may well be an employee and be entitled to be paid, holidays, rest breaks, and so forth. Elsewhere on this site you can read about the tests that are used to indicate whether someone is an employee or not . But the vital thing to know is that regardless of what the parties say, a Court or tribunal will look at the facts of each individual situation and decide whether it is a contract of service (employee) or contract for services (independent contractor). The same sort of analysis will be used if there is a dispute with the internship. The National Minimum Wage Act, 2000 defines a contract of employment very broadly as follows: contract of employment” means— (a) a contract of service or apprenticeship, or (b) any other contract whereby an individual agrees with another person to do or perform personally any work or service for that person or a third person (whether or not the third person is a party to the contract), whether the contract is express or implied and, if express, whether or not it is in writing; Accordingly it is clear that even though it has not yet been tested in Ireland, an intern could well successfully claim to be entitled to be paid under this legislation, provided he/she can show that he/she was an employee. If the intern can show that he/she was an employee, not only will he/she have the right to be paid but he will gain the full protection of various employment law legislation governing holidays, rest breaks, anti discrimination, equality of opportunity etc. TIPS FOR TAKING ON INTERNS: Be fair and transparent in how you take them on. It reflects well on your company and is just the decent thing to do. Consider having a written agreement, setting out the terms of the internship. This document would set out the parties expectations for the internship, what sort of training and feedback will be given, whether and to what extent there will be mentoring, and so on. Most importantly, this document would state that the intern is not an employee but that the purpose of the internship is for the intern to learn about the company, industry, or specific job/role and that the intern will not be paid. However paying reasonable and necessary expenses of the internship should be considered. An internship should be short; the longer it is the more likely it is to involve the intern working and being considered, at least in the eyes of the law, an employee. There should be some thought put into how the intern is to learn and whether he will shadow existing employees in various roles in order to learn.. Even though the intern is not an employee, it is good practice to ensure he has been given a copy of the company’s staff handbook and its most important policies and procedures. Of particular importance here would be health and safety and dignity at work.. If the business/company is going to discharge expenses of the intern eg travel expenses these should be vouched.. Regardless of your views on internships, they can be incredibly useful for the business and the intern. Following the tips above means that both parties know what the ground rules are and make the engagement more beneficial and meaningful for intern and business/company. If any of the issues raised above impact you contact us.…

Podcast – Employment Rights Ireland

1
An Unfair Dismissal Cock Up That Will Inevitably Cost the Employer

vor 11 years

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A young man, worried about losing his job, contacted me this week. He only has about 11 months service in the job and was concerned that the employer was getting ready to dismiss him before he had the necessary 12 months service for the protection of unfair dismissal legislation. Let me explain. In order to have the statutory protection of the Unfair Dismissals Acts an employee needs to have 12 months continuous service in the job. This guy has been called to a “meeting” to discuss his performance. There has already been a series of these meetings with heavy hints that these probationary review meetings were leading to one inevitable conclusion~dismissal. The employer has made it quite clear that any dismissal will be carried out just prior to 12 months service being acquired. And will have the comfort of knowing that the employee is not protected under the Unfair Dismissals Act. There is only one (major) problem with this~when I looked at the contract of employment it provides for 6 weeks notice of termination of employment. And most importantly it provides for 1 months notice during the probationary period. The key point here is that a dismissal does not take place until the end of the notice period, not when notice is given. So my contact will almost certainly have 12 months service. And the protection of the Unfair Dismissals Acts. The employer wouldn’t have had much difficulty here, if his contract of employment provided for, say, one week’s notice during probation. But it doesn’t. And he inevitably will face either an unfair dismissal claim or without prejudice negotiations for a negotiated exit, if he really wants to get rid of the employee. Anyway, the moral of the story is that little mistakes can cost big money. And a well drafted contract of employment is worth every penny.…

Podcast – Employment Rights Ireland

1
How to Deal with Intoxicants at Work-Do You Need an Intoxicants Policy?

vor 11 years

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There is no requirement for employees to undergo testing for intoxicants under existing legislation- the SAFETY, HEALTH AND WELFARE AT WORK ACT 2005. Neither is there an obligation on employers to test employees for intoxicants. Section 13 (1) (c) provides for the making of regulations for the testing of employees: (c) if reasonably required by his or her employer, submit to any appropriate, reasonable and proportionate tests for intoxicants by, or under the supervision of, a registered medical practitioner who is a competent person, as may be prescribed, However no regulations have yet been made so this clause does not apply. Intoxicants are defined in the SAFETY, HEALTH AND WELFARE AT WORK ACT 2005 as “intoxicant” includes alcohol and drugs and any combination of drugs or of drugs and alcohol; It is clear therefore that over the counter medicines and/or prescribed drugs are included. The employer’s obligations under health and safety legislation are set out in section 8 of the Act and are covered here . If intoxication at work is identified as a hazard it must be addressed in the employer’s safety statement. If the employer cannot have the employee tested, what action can he take? If the employee’s behaviour presents a danger to himself or others the employer can remove the employee from the situation. While there is no obligation on the employer to test for intoxicants to obtain evidence, testing may be a company policy. If this is the case then any testing would need to be carried out in accordance with recognised standards. It would also need to be included in the employment contract or collective agreement. The key point for employers is that where an employee appears to be “under the weather” that he is removed from the workplace if the employer considers him to be a risk to himself or others. Employees too have obligations in respect of intoxicants in the workplace; these would include the reporting of a colleague who appeared to be under the influence of an intoxicant and who is a danger to himself or others. Employers must deal with the issue of intoxicants in the workplace sensitively. Whether for example you would act on the evidence/opinion of one person or not would depend on the potential risk and danger. In conclusion, it may be prudent to have an “intoxicants policy” in your workplace. We have supplied such policies (and others) to employers. If your workplace would benefit from one we would be happy to supply one at a very competitive price.…

Podcast – Employment Rights Ireland

1
Young Persons in Employment in Ireland-7 Important Facts

vor 11 years

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The law concerning young workers in employment in Ireland is set out in the Protection of Young Persons (Employment) Act 1996 . The Act aims to protect the health of young workers and to ensure a young person’s education is not put at risk during the school year. The Act provides: Rest intervals and working hours limits Minimum age limits for employment Prohibits late night employment for young persons under the age of 18 Defines a child as a person under the age of 16 and a young person as someone between the age of 16 and 18 The records that employers must keep for young workers (those under the age of 18). There are additional regulations made under the Act concerning the employment of young persons. The most important ones are: Statutory instrument 3/1997 Protection of Young Persons (Employment) (Prescribed Abstract) Regulations, 1997 Statutory instrument 350/2001 Protection of Young Persons (Employment) Act, 1996 (Employment in Licensed Premises) Regulations 2001 Statutory instrument 351/2001 Protection of Young Persons (Employment) Act, 1996 (Bar Apprentices) Regulations 2001 Some important points concerning the employment of young persons: Employers must see a copy of the young person’s birth certificate or other evidence of his or her age before employing that person. If the young person is under 16, the employer must get the written permission of the person’s parent or guardian. Young people aged under 18 are only guaranteed up to 70% of the national minimum wage which is €6.06 per hour The maximum working week for young people aged 16 and 17 is 40 hours with a maximum of 8 hours a day. If a young person under 18 works for more than one employer, the combined daily or weekly hours of work cannot exceed the maximum number of hours allowed. Young persons are only permitted to work between 6am and 10pm. Any exceptions to this rule must be provided by regulation – see ‘Licensed premises’ statutory instruments above Employers cannot employ children aged under 16 in regular full-time jobs. Children aged 14 and 15 may be employed as follows: -Doing light work during the school holidays – they must have at least 21 days off work during this time -As part of an approved work experience or educational programme where the work is not harmful to their health, safety or development 5. Children aged 15 may do 8 hours a week light work in school term time. The maximum working week for children outside school term time is 35 hours or up to 40 hours if they are on approved work experience. 6. Employers must give employees aged under 18 years a copy of the official summary of the Protection of Young Persons (Employment) Act, along with other details of their terms of employment within one month of taking up a job. Employers with employees under 18 must also display the official summary of the Act at a place in their workplace where it can be easily read. 7. Employers found guilty of an offence under the Act are liable on summary conviction to a fine of up to €1,904.61. Continuing breaches of the Act can attract a fine of up to €317.43 a day.…

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