IRISH EMPLOYMENT LAW

This is a summary of employment protection legislation between 1993 and 2005.

Safety, Health and Welfare at Work Act 2005: replaces the 1989 Safety, Health and Welfare Act. It consolidates and updates existing health and safety law, and permits bigger fines for breaches of safety legislation.

Maternity Protection (Amendment) Act 2004: improves previous maternity protection legislation and includes provisions relating to ante-natal classes, additional maternity leave, breastfeeding and a reduction in the compulsory period of pre-birth confinement.

Equality Act 2004: amends the 1998 Employment Equality Act, extending protection to people aged under 16 and over 65. It also amends the 2000 Equal Status Act, extending the definition of sexual harassment and shifting the burden of proof from the complainant to the person about whom the complaint was made.

Protection of Employees on Transfer of Undertakings Regulations 2003: protects employees' rights and entitlements during any merger or legal transfer of an undertaking or business from one employer to another (including assignment or forfeiture of a lease).

Protection of Employees (Fixed-Term Work) Act 2003: prevents employers continually renewing fixed-term contracts, thus ensuring that fixed-term employees are not treated less favourably than permanent workers. An employee who works on one or more fixed-term contracts for a continuous period of four years is considered to have a permanent contract.

Organisation of Working Time (Records) (Prescribed Form and Exemptions) Regulations 2001: requires employers to keep records of the hours worked by employees, with details of annual leave and public holidays, and notes of holiday pay. Employers must also keep weekly records of workers' starting and finishing times.

Protection of Employees (Part-Time Work) Act 2001: replaces the 1991 Worker Protection (Regular Part-Time Employees) Act. The act forbids discrimination against part-time workers and aims to improve the quality of part-time work and to encourage part-time voluntary work and flexible working hours.

Carer's Leave Act 2001: entitles employees to temporary unpaid leave to look after someone who needs full-time care and attention.

National Minimum Wage Act 2000: introduces an enforceable national minimum wage - currently €8.65 per hour (since July 1 2007).

Employment Equality Act 1998: outlaws discrimination on the grounds of gender, marital status, family status, age, race, religious belief, disability, sexual orientation or membership of the traveller community. The act also prohibits sexual and other harassment.

Parental Leave Act, 1998: allows parents to take unpaid leave to care for their children, and gives a limited right to paid leave in cases of serious family illness (force majeure).

Organisation of Working Time Act 1997: regulates employment conditions including maximum working hours, night work and annual and public holiday leave.

Protection of Young Persons (Employment) Act 1996: replaces legislation dating from 1977 and regulates the employment and working conditions of children and young people.

Adoptive Leave Act 1995: provides for adoptive leave mainly by adoptive mothers and for their right to return to work afterwards.

Terms of Employment (Information) Act 1994: updates previous legislation relating to the provision of information to employees about such matters as job description, rates of pay and hours of work.

Maternity Protection Act 1994: replaces previous legislation and covers matters such as maternity leave, the right to return to work and health and safety for pregnant women and new mothers.

Unfair Dismissals (Amendment) Act 1993: updates previous unfair dismissals legislation dating from 1977.

Complaints

Irish law provides protection for employees whose rights have been breached. Complaints and disputes are heard by a Rights Commissioner who listens to both sides before issuing a recommendation, which may or may not be binding, depending on the type of law invoked.

Try and resolve issues of legal entitlements locally, before referring to the Rights Commissioner service. If you cannot resolve the matter, you must notify your employer gefore using the Rights Commissioner service.

Before any hearing, you must complete the appropriate application form and send it to the Labour Relations Commission:

Industrial Relations Act 1990
Payment of Wages Act 1991
Unfair Dismissals (Amendment) Act 1993
Maternity Protection Act 1994
Terms of Employment (Information) Act 1994
Adoptive Leave Act 1995
Protection of Young Persons (Employment) Act 1996
Organisation of Working Time Act 1997
Parental Leave Act 1998
National Minimum Wage Act 2000
Carer's Leave Act 2001
Protection of Employees (Part-Time Work) Act 2001
European Communities (Safeguarding of Employees Rights on Transfer of Undertakings) (Amendment) Regulations 2003
Protection of Employees (Fixed Term Work) Act 2003

Some employment disputes may be resolved using mediation. The Workplace Mediation Service at the Labour Relations Commission will appoint an independent mediator to hear both sides of the case. All discussions are confidential. This free service is available to all employees and employers, except members of the Garda Siochana, Defence Forces and Prison Service.

Queries in relation to mediation and the Rights Commissioner service should be directed to:

The Labour Relations Commission
Tom Johnson House,
Haddington Road, Dublin 4
Tel: 01-613 6700
Lo-Call: 1890 220 227
E-mail

Claims under equality legislation are brought before the Equality Tribunal:

The Equality Tribunal
3 Clonmel Street, Dublin 2
Tel: 01-477 4100
Lo-Call: 1890 34 44 24
E-mail

Information relating to maternity leave, adoptive leave, employment equality or equal status may be obtained from:

The Equality Authority
2 Clonmel Street, Dublin 2
Tel: (01) 417 3333
LoCall: 1890 245 545
E-mail

You can obtain further information on employment protection legislation from:

The employment rights information unit,
Department of Enterprise, Trade and Employment,
Davitt House,
65a Adelaide Road, Dublin 2
Tel: 01-631 3131
Lo-Call: 1890 201 615

With acknowledgements to the Irish government website.

Search this site Add to Favourites

Visitor number: