Anyone who works for an employer in Ireland for a regular wage or salary automatically has a contract of employment, this contract is made up of both express and implied terms.
The Terms of Employment (Information) Acts 1994 and 2001 provide that an employer is obliged to provide an employee with a written statement of terms of employment within the first two months of the commencement of employment.
The statement of terms must include the following information:
- The full names of both employer and employee;
- The address of the employer;
- The place of work or, alternatively, a statement specifying that the employee is required or permitted to work at various places;
- The title of job or nature of work;
- The date the employment started;
- If the contract is temporary, the expected duration of the contract;
- If the contract of employment is for a fixed term, the details;
- Details of rest periods and breaks as required by law;
- The rate of pay or method of calculation of pay;
- The pay reference period for the purposes of the National Minimum Wage Act 2000
- Pay intervals;
- Hours of work, including overtime;
- That the employee has the right to ask the employer for a written statement of his/her average hourly rate of pay as provided for in the National Minimum Wage Act 2000;
- Details of paid leave;
- Sick pay and pension (if any);
- Period of notice to be given by employer or employee;
- Details of any collective agreements that may affect the employee’s terms of employment;
The statement of terms must indicate the reference period being used by the employer for the purposes of the calculation of the employee's entitlements under the National Minimum Wage Act 2000. (Under that Act the employer may calculate the employee's minimum wage entitlement over a reference period that is no less than one week and no greater than one month).
All changes (Where the law introduces changes into your contract of employment, for example, by extending the statutory period of maternity leave, then both you and your employer must comply with the law.) of terms and conditions of employment must be agreed between your employer and yourself. The requirement for both the employer's and the employee's consent to changes in the terms of the contract is part of contract law.