Page 51 - Workplace Relations Guide to Employment Law

Special restrictions are placed on employers Sick Pay and Sick Leave
in relation to deductions (or the receipt of
payments) from wages that:- In general the matter of sick pay and sick
(i) arise from any act or omission of the leave is not covered under employment
employee, or rights legislation. Policy on sick pay and
sick leave in individual companies may
(ii) are in respect of the supply to the be decided by the employer and agreed as
employee by the employer of goods part of the employee’s terms and conditions
or services that are necessary to the of employment or may be set out through
employment. collective agreements negotiated between
employers and employee representatives.
A deduction from wages of the kind described The Terms of Employment Acts 1994 to 2014
at (i) or (ii) above must be authorised by provide that an employer is obliged to provide
virtue of a term in the employee’s contract an employee with a written statement of
of employment. terms of employment within 2 months of
the commencement of employment. The
The employee must be given at some time written statement of terms of employment
prior to the act or omission, or the provision must include information on the terms or
of the goods or services, written details of conditions relating to incapacity for work due
the terms in the contract of employment to sickness or injury.
governing the deduction (or payment to the
employer) from wages.
The Payment of Wages Act 1991 provides
that an employee who does not receive sick
When a written contract exists, a copy of the
term of the contract that provides for the pay as per his/her terms of employment
deduction (or payment) must be given to the may refer a complaint to the Workplace
employee. In any other case, the employee Relations Commission for adjudication. The
must be given written notice of the existence relevant complaint form is available on
and effect of the term. www.workplacerelations.ie.

The amount of the deduction described
at (i) or (ii) above must be fair and Complaints
reasonable having regard to all the
circumstances including the amount of Employees have the right to complain to the
the wages of the employee. Workplace Relations Commission in relation
to entitlements under the National Minimum
In addition to the above, in the case of Wage Acts 2000 and 2015, an unlawful
a deduction that is related to the act or deduction (or payment) from wages or in
omission of an employee, the employee the event of non-payment of wages. The
must be given particulars in writing of relevant complaint form is available on
the act or omission and the amount of www.workplacerelations.ie or by contacting
the deduction (or payment) at least one the Commission’s Information and Customer
week before the deduction (or payment) Services on 1890 80 80 90. There is a right
is made.

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