Here at MK Solicitors, we provide practical and professional advice.
We advise on a range of areas in employment law, including:
- Termination of employment
- Disciplinary hearings and redundancy
- Handling unfair dismissals
- Claims for bullying or harassment at work
Our team represents clients at all tribunals and Courts and negotiating advice on employment contracts.
SOME HELPFUL INFORMATION
WHAT IS AN EMPLOYEE?
Employers engage people on contracts of service or contracts for services:
- People engaged under a contract of service are employees and are protected by employment legislation.
- People engaged under a contract for services are independent or self-employed contractors. They are not considered employees and may not be protected by all employment legislation.
The distinction between these types of contract can sometimes be unclear. But the type of contract can have serious implications for the employer and employee in matters such as employment protection legislation, taxation and social welfare.
Rates of Pay
Most workers are entitled to be paid a minimum wage of €9.80 per hour. However, there are some exceptions to this, such as apprentices, people aged under 18 and people employed by close relatives. You must give your employees payslips. These show their wages and any deductions that have been made.
Hours of work, breaks and rest periods
You are responsible for ensuring that your employees are given adequate rest. The Organisation of Working Time Act 1997 sets down the rules governing maximum working hours and daily and weekly rest breaks.
Nearly all employees are entitled to annual leave and public holidays, from the time they start work. Most employees are entitled to 4 weeks’ paid annual leave for each leave year. Part-time workers’ entitlement is generally calculated as 8% of the hours worked, up to a maximum of 4 working weeks for each leave year.
You can decide when your employees take annual leave, taking into consideration work and personal requirements. However, you should consult your employee or their union in advance. Your employee can request pay for annual leave in advance. You must let employees take statutory protective leave, such as maternity leave, paternity leave, health and safety leave, parental leave, adoptive leave, and carer’s leave. There is specific legislation setting down the rules for each entitlement.