The contract of employment in Ireland is made up of both express terms and implied terms with the Terms of Employment (Information) Act, 1994 stipulating that certain basic information must be given to the employee in writing.
This includes the names and addresses of both employer and employee, the place of work, the title of the job, pay, any terms relating to sick pay, periods of notice and many other basic details.
(This part of the employment law Ireland series of articles)
Implied Terms
In every contract of employment, written or otherwise, there are 4 categories of implied terms which fall under the headings of
a) terms implied by custom/practice(depending on the industry)
b) terms implied by statute (right to redundancy, right not to be unfairly dismissed)
c) terms implied by law (employers duty of care and employees duty of trust and confidence)
d) collective agreements in unionized employment.
Express Terms of Employment
The express terms of employment set out below is a pretty extensive list but it should provide a decent check list of what should be included in a contract of employment and be contained in writing in the contract.
1. Who-the employer and employee
2. When-when does employment start
3. What-what is the job role
4. Hours-hours of work?
5. Where-the workplace
6. Is there a period of probation? For how long?
7. Pay-the salary package
8. Holidays-what is the position re holidays and is there extra days over and above those set down by statute in the Organization of Working Time Act,1997
9. Sick pay-what is the situation re sick pay
10. Retirement age
11. Pension
12. Disciplinary and grievance procedure
13. Any restrictions re competition and setting up against the employer in the future using trade secrets/contacts
14. Notice re termination of employment
15. Email and internet use
This list is not exhaustive but should give a good basis for both employer and employee when it comes to negotiating an employment contract.
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