Contracts of Employment
If you work for an employer who pays you a regular wage or salary, then by law you must be provided with a contract of employment. The purpose of this is to guarantee certain rights and obligations on your employer’s behalf when agreeing to hire you as an employee, as well as your own responsibilities and acknowledgements when you start your new position.
While this is an easy concept to understand, most people do not know the fundamentals of a contract of employment, let alone what must be included in one. Below, we have outlined some common questions and answers surrounding the topic.
At what stage of should Contracts of Employment be provided?
A contract of employment must be provided by the employer within 5 days of the new employee commencing their role. Additional terms and conditions may be issued to the employee within 2 months of their starting date.
Does the contract of employment have to be provided in a specific way?
The contract of employment must be provided to the employee as a physical copy.
Are there any mandatory terms that must be included in the contract?
Yes. These are known as the ‘core terms’ of the contract, alternatively referred to as the ‘basic terms’. These core terms are provided for under the Employment (Miscellaneous Provisions) Act 2018, and are updated by the European Union (Transparent and Predictable Working Conditions) Regulations 2022.
The core terms of the contract must be provided to the employee within 5 days of commencing employment, and include:
1. The full names of both the employer and the employee.
2. The employer’s full address.
3. The employee’s place of work. If no fixed address for this is provided, there must be a statement stating that there are various locations and/or that the employee is free to determine their own place of work.
4. The start date of the employment.
5. A brief job description, such as job title, salary range, expected duties, etc.
6. The expected duration of the contact, i.e., whether it is a permanent of fixed-term position.
7. The employee’s pay reference period (weekly, fortnightly, or monthly), as well as the rate or method of calculating their pay.
8. The expected length of a regular working day (e.g., from 9am to 5pm).
9. The terms and conditions of the employee’s probation period (if one exists).
10. Any additional terms or conditions in relation to hours of work, such as overtime or additional pay on Sundays.
Contacting a solicitor
Should you be unsure about any of the terms or conditions included in your contract of employment, or if you dispute any of the information contained within, it is advised that you reach out to an experienced and qualified employment law solicitor who will be happy to provide you with accurate legal advice.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.*
