Article, Employee Compliance, Employment Legislation

Statement of Terms and Conditions of Employment

Many employers, especially those who are small or medium sized organisations, may experience confusion regarding what written terms and conditions must be provided to their employees in a timely way.  This is a key area of focus if the Workplace Relations Commission (WRC) visit the employer’s premises to inspect employee records and employers maintenance of same.

Let’s take a look at what is most important, from a written terms and conditions perspective, for the employer to be aware of when they employ new staff.

Legislation: Terms of Employment (Information) Act, 1994, as amended

The Act applies to any person working under a contract of employment or apprenticeship or any person who has personally agreed to complete work for another person.  It also applies to those people who are employed and paid through a recruitment agency and in this case, the recruitment agency are responsible for providing the written terms and conditions of employment.

Day 5 Statement of Terms and Conditions

The employer must provide the below on or before the employee’s 5th day of employment:

  1. the full names of the employer and the employee
  2. the address of the employer
  3. the place of work
  4. the title, grade and nature of work for which the employee is employed
  5. the start date
  6. the length and conditions relating to the probation period
  7. the length of the contract, in the case of a temporary contract, or the end date if the contract is a fixed-term contract
  8.  the remuneration including the frequency and method of payment of the wages  and the pay reference period
  9. the hours of work including the number of daily hours and weekly hours that the employee will be expected to work including any overtime expected
  10. the tips and gratuities policy (recently introduced), to note, this must also be posted within the workplace where both customers and employees can see

The Contract of Employment 

The employer must provide a full document with all written terms and conditions of employment on or before the employee’s 30th day of employment.  All of the above mentioned details will be specified in the contract of employment including:

  • Any terms or conditions relating to paid leave
  • Any terms or conditions relating to incapacity for work due to sickness or injury
  • Any terms or conditions relating to pensions
  • Periods of notice
  • Any training entitlements
  • In cases where the employee’s work schedule is unpredictable, the contract of employment must state that the work schedule is variable specifying the guaranteed paid hours, remuneration for this period, the reference period within which the employee may be required to work, the minimum notice that the employee is entitled to before the start of their scheduled hours
  • The identity of the social security institutions receiving the social insurance contributions and any protection relating to social security provided by the employer

Finally, the employer is required to notify the employee of any changes to the nature or duties of their work or their terms and conditions no later than the day on which the change is due to take place.

Engaged HR Blog

Welcome to the Engaged HR blog. Here you will find a range of blogs where I share advice and tips for employers and employees alike on a broad range of HR related topics. Hope you enjoy and feel free to get in touch if you have any questions!

Ailbhe Carty Nairn


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