English

Employers: Get your free copy of "The 16 Common Employment Law Mistakes that Most Irish Employers Make" and my regular money saving employment law tips via email. Sign up below.

Instant access. We respect your privacy.

implied terms

The contract of employment in Ireland is made up of both express terms and implied terms with the Terms of Employment (Information) Act, 1994 stipulating that certain basic information must be given to the employee in writing.

It is vital that as an employer or employee that you take legal advice as to the various aspects of your employment contract.

contract-of-employment

This includes the names and addresses of both employer and employee, the place of work, the title of the job, pay, any terms relating to sick pay, periods of notice and many other basic details.

 

Implied Terms

 

In every contract of employment, written or otherwise, there are 4 categories of implied terms which fall under the headings of

a) terms implied by custom/practice(depending on the industry)

b) terms implied by statute (right to redundancy, right not to be unfairly dismissed)

c) terms implied by law (employers duty of care and employees duty of trust and confidence)

d) collective agreements in unionized employment.

 

Express Terms of Employment

 

The express terms of employment set out below is a pretty extensive list but it should provide a decent check list of what should be included in a contract of employment and be contained in writing in the contract.

1. Who-the employer and employee

2. When-when does employment start

3. What-what is the job role

4. Hours-hours of work?

5. Where-the workplace

6. Is there a period of probation? For how long?

7. Pay-the salary package

8. Holidays-what is the position re holidays and is there extra days over and above those set down by statute in the Organization of Working Time Act,1997

9. Sick pay-what is the situation re sick pay

10. Retirement age

11. Pension

12. Disciplinary and grievance procedure

13. Any restrictions re competition and setting up against the employer in the future using trade secrets/contacts

14. Notice re termination of employment

15. Email and internet use

employment-contract

This list is not exhaustive but should give a good basis for both employer and employee when it comes to negotiating an employment contract.

If you need any assistance with drafting a contract of employment or advice before signing one solicitors Dublin would be happy t assist.

By Terry Gorry Google+

In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
member-of-the-law-society