Employee Handbook

EMPLOYEE HANDBOOK Health and safety law applies to all employees, employers in all their workplaces. This includes Fix term and temporary employees. Legislation covering the safety, health and welfare of people at work is set out in the Safety, Health and Welfare at Work Act 2005. This includes management of the systems of work necessary to achieve a safe working environment. the requirements for the control of safety, health and welfare at work.

General Employee Rights in Ireland Employment agreement Every employee in Ireland has the right to a comprehensive written employment contract, which covers a lot of the subjects that are included in Irish employment law. While many employers give their employees a contract before employment commences, there are two deadlines that employers need to adhere to.

Within five days of starting the job, employees need to be notified about what is known as core terms of the contract, which cover:

Employer and employee full name The address of the employer Length of the contract (if the contract is temporary or fixed term) Pay period (week/fortnight/ month) The usual length of a working day and a working week

Working Hours & Breaks and Directive The maximum number of hours that an employee should work in an average working week is 48 hours (about 2 days). This working week average should be calculated over a four-month period. There are however some exceptions to this average period.

Averaging may be balanced out over a 4-, 6- or 12-month period depending on the circumstances. The 48-hour net maximum working week can be averaged according to the following rules: for employees generally - 4 months for employees where work is subject to seasonality, a foreseeable surge in activity, or where employees are directly involved in ensuring continuity of service or production - 6 months for all employees who enter into a collective agreement with their employers which is approved by the Labour Court - 12 months.

Breaks Breaks Employees are entitled to; A daily rest period of 11 consecutive hours per 24-hour period A weekly rest period of 24 consecutive hours per seven days, following a daily rest period A 15-minute break where more than 4½ hours have been worked A 30-minute break where more than 6 hours have been worked, which may include the first break Payment for breaks is not a statutory entitlement.

Pay slips

Employers are obliged to arrange that a written statement of wages be given to every employee with every payment of wages. If wages are paid by credit transfer, the statement of wages should be given to the employee as soon as possible after the credit transfer has taken place. In every other case, the statement of wages must accompany the wage payment.

Deductions from Pay An employer is allowed to make the following deductions from an employee’s wage: Any deduction required or authorized by law (e.g. PAYE or PRSI) Any deduction authorized by the term of an employee's contract (e.g. pension contributions, or particular till shortages) Any deduction agreed to in writing in advance by the employee (e.g. health insurance subscription, sports and social club membership subscription)

Tips, gratuities and service charges are commonly associated with hospitality, tourism, hairdressing, taxi and delivery services, amongst others. From 1 December 2022, the Payment of Wages (Amendment) (Tips and Gratuities) Act 2022

National Minimum Wage Updated 1 January 2023 The National Minimum Wage applies to most employees. It is the minimum hourly rate that must be paid. It applies to full-time, part-time, temporary, casual employees and seasonal workers.

The following categories of employees are excluded: Employees who are close relatives of the employer, where the employer is a Sole Trader, such as a spouse, civil partner, parent, stepparent, grandparent, child, stepchild, grandchild, sibling or half-sibling of the employer.

A craft apprentice within the meaning of the Industrial Training Act, 1967, or the Labour of Services Act, 1987.

From 1 January 2023, the following rates apply: Age, Amount, % of NMW Under 18, €7.91, 70% 18 years old, €9.04, 80%

19 years old, €10.17, 90% National Minimum Wage (20+), €11.30, 100% Minimum rates of pay for other sectors There are different minimum rates of pay for employees in other sectors which are set out in Sectoral Employment Orders and Employment Regulation Orders.

What can be included as pay for the National Minimum Wage (reckonable components) * The following can be included to make up the national minimum wage normal basic pay shift allowances or other similar payments any fee, bonus or commission Zero Hours payments Board & Lodgings Service charge given through the payroll What can’t be included for the National Minimum Wage (non-reckonable components) * The following payments cannot be included to make up the national minimum wage rate: any payment of expenses incurred by the employee in carrying out his/her employment Premiums including overtime, public holiday, Saturday, Sunday, unsocial hours or call out Allowances for special duties including a post of responsibility, on call or standby Tips or gratuities paid into a central fund and paid through the payroll any payment to the employee not made for their role as an employee any payment in kind or benefit in kind. any sum payable to an employee in lieu of notices of termination of employment *These are not full lists Board & Lodgings If board and/or lodgings i.e. meals and/ or a place to live, is part of the minimum wage then the following amounts can be included to make up the national minimum wage rate: Amounts for 2023: Meals €1.01 per hour worked

€26.70 for accommodation only per week or €3.81 per day Average Hourly Rate of Pay The average hourly rate of pay must not be less than the national minimum wage hourly rate The average hourly rate of pay is calculated by dividing the gross reckonable pay by the number of hours worked in pay reference period.

Pay Reference Period Every employer must select a pay reference period for each employee. It may be a week but no longer than one month. It must be included in the written statement of terms of employment given when an employee starts work. The reference period is used in calculating the average hourly rate of pay.

Statement of Average Hourly Rate of Pay An employee can ask in writing for a statement of their average hourly rate of pay for any pay period within the last 12 months. The employer must give the statement in writing within four weeks of getting the request.

The statement should set out: Details of reckonable pay with each pay area listed separately The working hours of the employee The average hourly pay The minimum hourly rate of pay the employee is entitled to The statement should be signed by the employer or on behalf of the employer. A copy of the statement should be kept by the employer for 15 months.

Health and safety at work Employer’s duties Employers have a duty to ensure employees’ safety, health and welfare at work, as far as reasonably practicable. To prevent workplace injuries and ill-health, the employer must take certain actions. These include: Provide and maintain a safe workplace which uses safe plant and equipment Prevent risks from employees using any article or substance, and from exposure to physical agents, noise and vibration

Prevent any improper conduct or behavior likely to put the safety, health and welfare of employees at risk Provide instruction and training to employees on health and safety Provide protective clothing and equipment to employees Appoint a competent person as the organization’ safety officer.

Employees’ duties The duties of employees while at work include: Take reasonable care to protect the health and safety of themselves and of other people in the workplace Not engage in improper behavior that will endanger themselves or others Not be under the influence of drink or drugs in the workplace Undergo any reasonable medical or other assessment if requested by the employer Report any defects in equipment or the place of work which might be a danger to health and safety.

Source of references www.wrc.ie/ workplace relation commission www.hsa.ie/ Health and safety authority www.citizensinformation.ie/ Citizen advice bureau