Terms of Employment

Terms of Employment (Information) Act, 1994

This legislation requires employers to provide a written statement to employees setting out terms of employment.

The act applies to any person working under a contract of employment or apprenticeship or employed through an employment agency or in the service of the state.

The statement detailing the terms and conditions of employment must be given to a new employee within two months of commencing employment.

Information to be included in the statement:

* Full name of the employer and the employee

* The address of the employer in the state

* The place of work or a statement indicating that the employee will be required to work at various places

* Job title and/or nature of the work

* Date of commencement of employment

* If the contract is temporary the expected duration

* If the contract is fixed term the date on which the contract expires

* The rate of remuneration or method of calculating remuneration

* Details of how remuneration is paid i.e. weekly, monthly etc.

* Terms and conditions relating to hours of work (including overtime)

* Terms and conditions relating to paid leave

* Terms and conditions relating to incapacity

* Terms and conditions relating to pensions and pension schemes if applicable

* Period of notice which the employee is entitled to receive and required to be given on termination

* A reference to any collective agreement which affects the terms of employment

* Details of rest periods and breaks

The statement must be signed and dated by the employee or on his behalf.

The employer is obliged to keep this statement for a period of one year after the termination of the employment.

The employer may include additional terms and conditions e.g.:


* requirements regarding shift work

* grievance procedure

* disciplinary procedure including company rules and regulations

* deductions from pay

* provision for lay off/short time

Employers must, within 28 days of the commencement of the employment, give new staff a written summary of the procedures that would be used should it become necessary to dismiss them. Employers may consider including this in the terms of employment.

Fixed term or specific purpose contracts may be excluded from the Unfair Dismissals Acts. In relation to such a contract, the employer must:

* provide a clause specifically excluding the application fo the Unfair Dismissals Act 1997

* ensure that the contract is signed by both parties

* ensure that the contract states the commencement and ending date or the cesser of the specific purpose

See also Payment of Wages Act 1991.