In recent times employment law has become more important than ever. Employers are placing a greater level of importance on ensuring that procedures and protocol are followed. This is good news for both the employer and the employee as it encourages a positive and professional working relationship. It is important to have a qualified HR manager who can devise and implement contracts which set out these rules and regulations. They protect both the employee and the employer.
Here are some Irish Employment Law Facts that you may not know.
1. Irish employees are entitled to take forced majeure leave. This may be due to urgent family emergencies or issues. The leave may not exceed three days in any twelve month period.
2. There are many laws which protect Irish employees from discrimination. It is illegal to discriminate a potential or current employee based on sex, religion and gender to name but a few. Commission may be awarded to the individual if they choose to prosecute.
3. There is no statutory sick pay scheme for Irish employees. Employers are not legally obligated to pay an employee due to illness however many employers do this.
4. In cases of unfair dismissal an employee generally should have been employed with the company for a minimum of 12 months continuous service.
5. All women are entitled to 26 weeks maternity leave. The state payment is based on PRSI credits paid but it extends to part time, casual and full time workers. A female may also legally take a further 16 weeks unpaid leave provided the protocol is followed and employers are made aware in the specified time frame set out in the law. No employer is legally obligated to pay a female her usual salary which she is on maternity leave however some employers choose to include this in their employment contracts.
6. In general workers are entitled to a fifteen minute break after a 4.5 hour work period. After a 6 hour work period you are entitled to a 30 minute break and this may include that 15 minutes. There is no entitlement to be paid during these breaks and they are not considered working hours.
7. Employment contracts may vary when it comes to contracted entitled to holidays. In general though a full time worker is entitled to a four weeks paid holidays. Some employers may offer more as part of their package whilst they must adhere to the entitlement to public holidays as set out by legislation.
8. The national minimum wage for an experienced adult worker is €9.15 per hour as of January 2016. An experienced adult worker is an individual who has been in any kind of employment within a two year period over the age of eighteen years.
9. Employers are responsible for ensuring that employees work in a health and safety compliant setting. The HSA are the body who govern this.
10. Potential employees who will be working with children or vulnerable adults must be Garda vetted.
CMI offers an excellent HR Advanced Diploma which includes all up to date employment law principles. Call 01-4927070 for more information.