Employers can sometimes have problems with employment status. Peninsula provides expert advice on employment law and claims. Our team offers support in the successful management of a business that complies with the law. Under the Conditions of Employment (Information) Act 1994-2012, an employer is required to provide the employee with a statement confirming the basic terms of the employment contract no later than two months after the start of employment. This includes the indication of the place of work, job title, start, salary information, working time conditions, break time and notice period that employers and employees must comply with to terminate their contract. This is not the complete list of mandatory terms. This is Irish labour law on notice periods and statutory minimum amounts. In this guide, we will look at the importance of labour law in Ireland. And how to ensure regulatory compliance while running your business. The fundamental principle of labour law is the protection of workers from exploitation and harm. There are four types of labour rights that demonstrate employer responsibility.
Give some reasons why labour law is important. Most employers look for employees through job postings. Such advertising must comply with legislation on equality in employment and occupation, including access to employment. In addition, job postings must be drafted carefully, as candidates can rely on this wording and be part of an employment contract. Industrial relations laws provide for a largely non-binding conciliation and arbitration regime for disputes between employers and employees. An employee cannot be prevented by the employer from joining a union if there is one in the workplace, but there is also no obligation for the employer to recognize the workers` union or to engage in direct discussions with it. This is a new Irish labour law designed to protect workers from precarious contracts. The CRP is the body to which all industrial disputes and complaints relating to Irish labour law are initially addressed. Complaints are first submitted in writing to the Director General of the CMR, who forwards them either to a mediator if they are found to be resolved, or to an arbitrator if mediation fails.
The arbitrator then conducts an investigation during which both parties have an opportunity to be heard and present relevant evidence. The arbitrator then renders a decision in accordance with the relevant laws, which may be appealed to the Labour Court. Each party may apply to the High Court only for the decision of the Labour Court on a point of law. The Inspectorate Service (formerly managed by NERA) monitors conditions of employment to ensure compliance with and enforcement of labour legislation. They also carry out inspections and gather information on other labour laws. For example, workers or interested parties may request an inspection concerning the protection of young people in the workplace. For more information, see our document on inspection and compliance with labour laws. Irish law provides that equality rights and obligations must be included in the employment contract. It is illegal for an employer to discriminate on any of the following nine grounds in an area of employment, including recruitment, training and promotion. These include gender, marital status, age, disability, race, sexual orientation, religious beliefs and membership of the Traveller community. In addition, employers must take steps to ensure that there is no harassment (including sexual harassment) of employees.
Otherwise, the employer may be held liable and incur significant costs. The law protects both employees and employers. Some of the main areas of labour law are remuneration, discrimination, recruitment and working conditions. It also indicates when an employee can work and when an employer can hire employees. It is important that a company has appropriate labour legislation in place to ensure a safe and fluid working environment. A serious breach of the terms of this legally binding agreement may result in legal consequences. Our clients also have access to 24/7 HR advice on Irish employment law advice. But if you`re not a customer yet, you can always get free advice from one of our business experts. Call us at 1890 252 923 There is a minimum maternity leave of 26 weeks, with the possibility of an additional 16 weeks of unpaid leave.
The legislation provides safeguards to protect workers` rights during this period and prescribes health and safety measures to be taken during pregnancy and after returning to work, including prenatal and postnatal care. The conduct of interviews is important as the potential employer and/or employee may make statements that could be considered part of the employment contract. Furthermore, no question may be asked that violates the statutory equality law. The possibility of an unsuccessful candidate suing the employer on the grounds that equality rules have been breached during the selection procedure may be minimised if the employer follows the best practices of that procedure. These CMR decisions are useful for employers because they confirm that workers with a service contract and independent contractors working under a service contract are treated very differently under labour law. Laws, such as EU directives, regulations and decisions of European courts, have all influenced current labour law. Remote work, wage changes, legislative revisions are some examples of labour law issues. The Adjudication Service (formerly the Office of the Commissioner of Rights) investigates disputes, grievances and claims made by individuals or small groups of workers under labour legislation listed in Schedule 5 of the Labour Relations Act. Arbitrators are independent in the performance of their duties and have a wide range of duties under this Labour Code. For more information, see our document on resolving workers` rights and disputes. The Work Permits Amendment Act 2014 provides vulnerable migrant workers who did not have the opportunity to assert their employment rights unless they held a valid work permit and were entirely dependent on their employer to process their application.