Page 21 - Workplace Relations Guide to Employment Law

Workplace Relations Commission -
Guide to Employment, Labour and Equality Law

3 Commencing Employment

Contract of Employment Employers are required by section 14(1) of the
Unfair Dismissals Acts 1977 to 2007 to give
Anyone who works for an employer for a a notice in writing to each employee setting
regular wage or salary has automatically a out the procedure which the employer will
contract of employment whether written or observe before, and for the purpose of,
not. The Terms of Employment (Information) dismissing the employee. This must be given
Acts 1994 to 2014 define a contract of not later than 28 days after entering into a
employment as a contract of service or contract of employment. There is a separate
section in this Guide on dismissals - see
apprenticeship or any contract under which Section 10 - Termination of Employment.
workers are supplied by employment
agencies. Contracts may be expressed (oral The Payment of Wages Act 1991, gives every
or in writing) or implied, Many of the terms employee the right to a written statement
of a contract of employment may emerge every pay day with every deduction itemised.
from the common law, statutes or collective This entitlement is described at Section 9 of
agreements made through trade unions or the Guide.
may be derived from the custom or practice
in a particular industry.
Employment Permits
The Terms of Employment (Information)
Acts 1994 to 2014 provide that an employer Non-EEA nationals, except in the cases listed
must provide an employee with a written below, require an employment permit to work
statement of certain particulars of the terms in Ireland. The EEA comprises the Member
of employment. These Acts are outlined States of the European Union together with
further in this Section. Iceland, Norway and Liechtenstein.

The Protection of Employees (Fixed-Term Non-EEA nationals working in Ireland
Work) Act 2003 provides that where an and their employers may be committing
employer proposes to renew a fixed-term an offence if the former do not have an
contract, the fixed-term employee shall be employment permit and are required by the
Employment Permits Acts 2003 to 2014 to
informed in writing by the employer of the do so. Employment permit holders can only
objective grounds justifying the renewal of work for the employer, or as the case may be
the fixed-term contract and the failure to the connected person or contractor, and in
offer a contract of indefinite duration, at the the occupation named on the permit. If the
latest by the date of the renewal. This Act is holder of an employment permit ceases, for
outlined further in Section 6 of the Guide. any reason, to be employed by the employer,

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