Page 23 - Workplace Relations Guide to Employment Law

agency or client company) is the employer for As an alternative to providing some of the
the purposes of the Acts and is responsible details in the statement, an employer may
for providing the written statement. use the statement to refer the employee
to certain other documents containing the
The employer must provide the written particulars, provided that the document is
statement of particulars within 2 months of reasonably accessible to the employee.
the date of commencement of employment.
In the case of employees whose employment An employer is also required to notify an
commenced before 16th May 1994, (the employee of any changes to the particulars
commencement date of the Act) the written contained in the written statement within 1
statement must be provided by the employer month after the change takes effect. Where
within two months of being requested to do an employee is required to work outside the
so by the employee. State for a period of not less than 1 month,
the employer is obliged to add certain
The written statement, which is not, of particulars to the written statement and to
itself, a contract must include particulars provide the statement prior to the employee’s
of the terms of employment relating to departure.
the name and address of the employer, the
place of work, job title/nature of the work, Regulations made under the Acts require
date of commencement of employment, the employers to give their employees who are
expected duration of contract (if temporary under 18 years of age a copy of the official
contract) or the date on which the contract summary of the Protection of Young Persons
will expire (if fixed term contract), rate or (Employment) Act 1996 within one month of
method of calculation of pay, pay intervals, taking up a job.
hours of work (including overtime), statutory
rest period and rest break entitlements, paid
leave, incapacity for work due to sickness Complaints
or injury, pensions and pension schemes,
notice entitlements, registered employment
agreements, employment regulation orders The Acts provide a right of complaint to
and collective agreements. the Workplace Relations Commission (WRC)
where an employee believes that his/her
employer has failed to provide a written
The statement must also indicate the
pay reference period for the purpose of statement in accordance with the terms of
the National Minimum Wage Act 2000. the Acts or failed to notify the employee of
Furthermore, the statement of terms must changes to the particulars contained in the
inform the employee that he/she is entitled statement. The relevant complaint form is
to ask for a statement of his/her average available on www.workplacerelations.ie or
hourly rate of pay for any pay reference by contacting the Commission’s Information
period falling with in the previous 12 months and Customer Services on 1890 80 80 90.
as provided for in section 23 of the National There is a right of appeal by either party to
Minimum Wage Act 2000. the Labour Court from a decision of a WRC
Adjudication Officer.

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