The Contract of Employment-Employment Contracts in Irish Employment Law

The Contract of Employment-Employment Contracts in Irish Employment Law


hello there my name is Terry gari I’m a
solicitor and I just made this short video about the contract of employment
in Ireland in employment Iration employment law it’s a source of problems
for employers and employees alike this is created from the perspective I
suppose of the employer but it will be instructive to employees who may be
watching this video also so okay let’s take a look fortunately before granting
a contract of the employment in Ireland there are three critical areas you need
to look at and be careful about if you’re an employer one is advertising
the position 2 is the interviewing of candidates and three is conditions
precedent in other words honey that job offers that you may make that you are
making that offer subject to or conditional upon the fulfillment of some
condition or other these are three critical areas for employers firstly
advertising the job the wording of the ad is critical it is very very easy to
discriminate against a certain cohort of people and an employment equality
legislation is critically important here so it’s vital that the wording of the ad
does not discriminate against any group of people in the nine areas which allow
for a claim to be brought to the equality tribunal which can be very
expensive and coincidentally this is a strange situation but somebody who
doesn’t actually get the job who was never your employee can actually bring a
case to the quality tribunal if they have gone through an interviewing
process working successful they can still actually bring a case against you
even though as I say it’s an unusual situation in so far as the day or not
your employee and never wear your employee interviewing is a critical area
also again you’re back to the question of
discriminatory questions and discrimination employment equality acts
set of discrimination on nine grounds for example marital status membership of
the travelling community sex religion and so forth conditions precedent then
you should be making your job offer on certain conditions for example is the
person healthy enough to do the job you may well you know make it a condition
precedent that they pass a physical or medical rather and they may need a teen
driving licence the main may need vetting garden vetting depending if it’s
you know child care job or teaching or whatever or working in a school you may
need and make your job condition or your job offers rather conditional on
satisfactory references the terms of employment and in a contract firstly
there are a number of implied terms in any contract of employment for example
the right not to be discriminated against the right to notice the right to
breaks and annual leave these are terms that are implied by statute in other
words laws that are on the statute books of the Irish stays there are also terms
implied by custom and practice in some industries and then there are terms that
are implied by common law for example the employers duty of care to the
employee and the employees Yuri of conference and trust in the employer and
not to betray that trust then there are expressed terms of employment which we
spelled out in the contract these can be oral or in writing but they should
actually be in writing for the sort of clarity and safety of both employer
employee the terms of employment information likes of 1994 to 2001 Seto’s
that an employee must be given a statement within two months of
appointment certain information about the employment contract this is a
statutory obligation on the employer as well as the statutory obligation to
provide certain information it is advisable also for the employer to put
in additional terms depending on the employment and the circumstances for
example illness pay or sick pay sick leave retirement age is there going to
be retirement age and the whole area of time off work when somebody is out sick
for example is it enough that they text in a ring in or what is the arrangement
will there be a probationary period will the employment have bullying and
harassment procedures and our DS brought to the attention of the employee
likewise with grievance and disciplinary procedures fixed-term contracts then are
a specific type of contract they are end on a particular days if you know the
days are the outset or on your currents of a specific event for example to cover
say maternity leave when you have a fair idea when somebody may be coming back to
work but you’re not sure and you need to make provision for somebody returning
for example from maternity leave early the protection of employees fixed-term
work act of 2003 protects these employees that’s employees on fixed-term
contracts the renewal of fixed-term contracts then can also be problematic
fixed-term contracts essentially cannot be renewed indefinitely or a contract of
indefinite duration may arise by operation of law fixed term workers then
are entitled to be treated no less favourably down there a permanent
counterparts the termination of employment contracts then is a very very
thorny issue for obviously both employers employees alike it can go
pear-shaped quite frankly for employers there are two crucial points to remember
about terminating contract one the notice period is set down by statute and
or the contract in other words there are minimum notice periods set down in law
but your contract may allow for or provide a greater notice period
the reason for termination is important also let’s claim for unfair dismissal
arises changing a contract of employment is equally a difficult and problematic
area for employers it must be treated very carefully because an employer
cannot simply change your contract of employment unilaterally in other words
without the consent of the employee for more free information about employment
law and you can visit my website business and legal da e or you can call
me on the number you see on the screen or you can email me at terry up business
and legal donna e thanks for taking the time to watch

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