Obligations of your new Employer

Did you know that when you start working for a new job there are certain things your new employer must do? One of them is providing you with a Written Statement of Terms of Employment.

An employer must give an employee a written statement containing 5 Core Terms of Employment within 5 Days of starting employment:

1. The full names of the employer and the employee.

2. The address of the employer in the State, or the address of the principal place of the relevant business in the State or the registered office of the employer.

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.

While a written statement of terms of employment minimum terms is required by law, a contract of employment may contain additional terms which are not required by the legislation. An employer is obliged to issue a written statement or employee which must be signed and dated by the employer. There is no requirement tor an employee to sign a written statement of terms of employment. A written contract is generally signed by both the employer and the employee, with the employee's signature indicating his acceptance of job and the terms in the Contract.

To avoid issuing two versions of a written statement of terms of employment (one version with the 5 core terms and the second version with the remaining terms) it would be prudent for an employer to issue one version containing all terms within 5 days, or indeed before the employment commences so the employee is fully aware of the terms prior to commencement.

A full written statement of the terms of employment must be provided within 2 months of commencement of employment.

Remember ! Your employer must give you the 5 Core Terms within 5 Days of starting your job.

Example of Written Statement of Employment (first 5 Headings within 5 days) plus additional Headings for Full Statement of Employment (to be given withing 2 months):

1. Name of Employer and Name of Employee

2. Address of Employer

3. Type of Contract

4. Rate of Remuneration and Pay Reference Period

5. Normal Working Hours

Now the additional information below must be provided to the employee within 2 months of commencing employment:

• Place of Work

• Job Title or Nature of Work

• Date of Commencement of Employment

• Rest Breaks and Rest Periods

• Right to Request a Statement of Hourly Rate of Pay

• Pay Intervals

• Terms and Conditions relating to Hours of Work

• Paid Leave (other than Sick Leave)

• Incapacity for Work/Sick Pay

• Pension and Pension Schemes

• Period of Notice to be given before Terminating Employment

• Relevant collective Agreements

• Disciplinary/Dismissal Procedures

If you need help or have any questions contact LetsGetYourTaxBack.ie