If you are working in Ireland, it’s important to be aware of your basic employment rights. Understanding your rights as an employee can help you ensure fair treatment in the workplace. In this article, we will discuss ten key employment rights in Ireland that everyone should know about. From the contract of employment to annual leave entitlements and protection against discrimination, this article will provide valuable information to all employees. Let’s get started.
- Contract of Employment
Every employee in Ireland has the right to receive a written statement of core terms within five days of starting their job. The remaining terms of employment should be provided in writing within one month. The core terms are as follows:
1. The full names of the employer and the employee
2. Address of the registered office of the employer/ in the state/ the principal place of the relevant business
3. If it is a temporary contract, the expected duration of that temporary contract should be stated and if it is a fixed term contract, the date when that contract expires should be stated.
4. The rate or method of calculation of the employee’s pay and the pay reference period for the purposes of the National Minimum Wage Acts 2000 and 2015.
5. The number of hours which the employer reasonably expects the employee to work per normal working day and per normal working week.
The remaining terms cover aspects like pay intervals, paid leave, pension schemes, notice periods, and more.
- Payslip
Employers are required to provide employees with a written statement of pay or a payslip for every payment of wages. A payslip should include details of the employee’s gross wage and any deductions made.
- Minimum Wage
Most adult workers in Ireland, aged over 20 are entitled to a minimum wage of €11.30 per hour as of January 1, 2023. Please note that there are some exceptions for specific categories of workers, such as trainees and those employed by close relatives. Different industries may have different minimum wage rates.
- Breaks and Rest
Workers have the right to minimum breaks during working hours. If you have worked more than 4.5 hours, you are entitled to a 15-minute break. If you have worked more than 6 hours, you should have a 30-minute break, which can include the first 15-minute break. Shop employees who work for six hours and have their work hours between 11:30 am and 2:30 pm are entitled to a one-hour consecutive break during that time.
- Annual Leave and Public Holidays
Most full-time workers in Ireland have the right to a minimum of 4 working weeks (20 days) of paid annual leave per year. Part-time employees have the right to paid annual leave consisting of 8% of hours worked, up to a maximum of 4 working weeks. The statutory leave year runs from April 1 to March 31. Employees are also entitled to 10 public holidays during the year. Part-time employees qualify for a public holiday if they work at least 40 hours in the 5 weeks preceding the public holiday.
- Sick Leave
Employees in Ireland have the right to 3 days of paid sick leave per year. Sick pay is paid by the employer at 70% of the employee’s normal pay, up to a maximum of €110 per day. In such cases, employees must be working for at least 13 weeks with their employer and be certified by a GP as unable.
- Maximum Working Hours
The maximum working week in Ireland is 48 hours, averaged over a specific period depending on the industry. Employers must keep a record of their employees working hours.
- Right to Disconnect
Employees have the right to disconnect from work outside of their normal working hours, even for those working from home. The Workplace Relations Commission has published the detailed code of practice on its website code-of-practice-for-employers-and-employees-on-the-right-to-disconnect.pdf (workplacerelations.ie)
- Notice Before Dismissal
Workers are entitled to a minimum notice period based on their length of service, ranging from one week to eight weeks, depending on the years worked.
Other Employee Rights in Ireland
- Sunday Premium: Employees required to work on Sundays are generally entitled to receive a premium rate of pay for those hours worked or paid time off in lieu .
- Probation Period: During the probationary period, which typically lasts for six months, employers can assess an employee’s suitability for the role. The terms and conditions of employment during this period should be clearly stated in the contract. This period can be extended to 12 months, on an exceptional basis only.
- Protection against Discrimination: Employees in Ireland are protected against discrimination based on nine grounds, including gender, age, race, religion, disability, and sexual orientation. It is illegal to discriminate against an employee in relation to their employment, recruitment, conditions of employment, or access to training opportunities.
- Parental Leave: Employees have the right to take unpaid parental leave to care for their children. The entitlement is up to 26 weeks of leave for each child, and it can be taken until the child reaches 12 years of age.
- Maternity Leave: Female employees are entitled to 26 weeks of paid maternity leave. They may also be eligible for an additional 16 weeks of unpaid maternity leave.
- Paternity Leave: Male employees are entitled to two weeks of paternity leave, which must be taken within 26 weeks of the birth or adoption of a child.
- Adoptive Leave: Adoptive parents are entitled to 24 weeks of paid adoptive leave. They may also be eligible for an additional 16 weeks of unpaid adoptive leave.Only one parent in the couple can qualify for adoptive leave.
- Carer’s Leave: Employees who provide full-time care and attention to someone in need of it, such as a relative with a disability, are entitled to avail of carer’s leave. The minimum is thirteen weeks and the maximum entitlement is up to two years of leave.
- Grievance and Dispute Resolution: Employees have the right to raise grievances with their employer if they have concerns or complaints about their employment. There are procedures in place to resolve disputes, including access to the Workplace Relations Commission.
- Health and Safety: Employers have a legal obligation to provide a safe and healthy working environment for their employees. Employees have the right to refuse to work in conditions that pose a risk to their health and safety.
Your Trusted Advisors for Employment Law Matters in Dublin
At Mannion Solicitors, we have extensive experience in assisting both employers and employees with their employment law queries in Ireland. Our team of dedicated professionals can provide valuable advice and guidance on a wide range of employment law matters. Whether you need assistance with drafting and negotiating employment contracts, resolving unfair dismissal claims, or seeking employment injunctions, we are here to help.
With a strong track record of representing clients in various forums, including the Workplace Relations Commission (WRC), the Labour Court, and the High Court, our team, led by , Stefan O’Connor, has the knowledge and expertise to navigate complex employment law issues. Book a meeting with one of our talented and experienced solicitors today to discuss your employment law matters.
