http://EmploymentRightsIreland.com The contract of employment is the basis of the employer/employee relationship in Irish employment law.This looks at the employment contract from the perspective of employers and employees in Ireland

1. The Employment Contract in Irish
Employment Law

2. 1. Advertising the position
2. Interviewing candidates
3. Conditions precedent
..are 3 critical areas for employers prior to
awarding an employment contract

3.  Wording of the ad is critical
 Does it discriminate? Employment equality
legislation is important here

4.  Asking discriminatory questions?
 Employment Equality Acts 1998-2004
outlaws discrimination on 9 grounds
 Eg marital status, membership of the
travelling community, etc.

5.  Job offer should be made on certain
conditions
 Eg healthy enough to do job, clean driving
licence, references?

6.  Implied terms eg right not to be
discriminated against, right to notice, right to
breaks/annual leave
 These are terms implied by Statute
 Terms implied by custom and practice
 Terms implied by common law eg employers’
duty of care, employees’ duty of confidence
and trust

7.  Are those spelled out in the contract
 Can be oral or in writing

8.  Employee must be given a statement, within 2
months, setting out certain information about
the employment contract

9.  As well as the statutory obligation to provide
certain information it is advisable for the
employer to put in additional terms
 Eg illness pay
 Retirement age
 Time off work
 Probationary period
 Bullying and harassment procedures
 Grievance and disciplinary procedures

10.  Fixed term contract ends on a particular date
or on the occurrence of a specific event
 Protection of Employees (Fixed Term Work)
Act, 2003 protects these employees

11.  Fixed term contracts cannot be renewed
indefinitely or..
 A Contract of Indefinite Duration (CID) may
arise

12.  Generally, fixed term workers cannot be
treated less favourably than their permanent
counterparts

13.  2 crucial points about terminating a contract
of employment
 1. the notice period is set down by statute
and/or contract
 2. the reason for termination is important lest
a claim for unfair dismissal arises

14.  Changing a contract of employment must be
treated carefully
 Employer cannot change it unilaterally

15.  For more free information about employment
law in Ireland visit
 http://EmploymentRightsIreland.com or
email admin@employmentrightsireland.com