Page 1 - ORC Employment (Miscellaneous Provisions) Act 2018 Guidance Note (002)

Employment (Miscellaneous Provisions) Bill 2018
ORC Update for Employers
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The Employment (Miscellaneous Provisions) Act 2018 was signed into law by the President on
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25 December 2018. The Act will come into force on 4 March 2019 and will bring about
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significant changes to employment legislation. These changes are outlined below.

Changes to the Terms of Employment (Information) Act 1994

5 core terms of employment MUST be issued to new employees within first 5 days. These core
terms are:

1. full names of employer and employee

2. employers address

3. expected duration of contract (if temporary or fixed-term)
4. rate or method of calculation of pay

5. number of hours an employee is reasonably expected to work on a daily AND weekly basis.

Existing employees may also make a written request to an employer for a Day 5 Statement. Upon
receipt of a written request, an employer must issue a Day 5 statement within 2 months from the date
of the request. An employee may make a complaint to the WRC if they do not receive a statement of
their core terms of employment within 5 days or if they receive a statement that is deliberately false
or misleading. If the complaint is upheld the employee may be awarded compensation not exceeding
four weeks' remuneration.

Full written terms of employment must be provided to an employee within 2 months of commencing
employment, as before, but the new act affords enhanced protection to employees against
penalistaion for making a complaint.

A template of a Day 5 statement is included at the foot of this document.

Changes to Workplace Relations Act 2105

Fixed Payment Notice

Where a WRC Inspector encounters non-compliance in relation to the Day 5 Statement they may
issue a Fixed Payment Notice of €1,500 to be paid by the employer within 42 days.

The new Act also creates the following criminal offences:

i. An employer who, without reasonable cause, fails to provide an employee with a Day 5
Statement within one month of commencement of employment will be guilty of an offence.

ii. An employer who deliberately or recklessly provides false or misleading information as part
of the Day 5 Statement will be guilty of an offence.

A person convicted of an offence under the new Act may be fined (max €5,000) or imprisoned
for a term not exceeding 12 months, or both.

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