| Employment rights of non-nationals working in Ireland |
Are you a non-national employed in Ireland?
If so you are entitled to the full range of employment rights legislation and protections under Irish law.
Who is your employer?
Generally the party who pays your wages is your employer and is responsible for ensuring that you receive your minimum entitlements as set out in this booklet,
NOTE:
Employment agencies must be licenced under Irish law and must not charge a fee solely for seeking employment for another person.
ON GETTING A JOB:
A contract and terms of employment are negotiatiable between the employer and employee. It should be noted, however, that an agreement entered into cannot offer terms less than the statutory minimum entitlements listed in this booklet.
Your employer is required to give you certain information in writing - the important elements of your job contract - within two months of your start date (Terms of Employment (Information) Act, 1994). This information includes:
· name and address of employer
· place of work
· job title/nature of the work
· date of commencement of employment
· if temporary, the expected duration of employment
· if for a fixed term, the expiry date of the contract
· rate of remuneration [and the pay reference period (for the purposes of the National Minimum Wage]
· the pay period (the intervals at which you will be paid)
· hours of work (including overtime)
· paid leave
· arrangements for when you are unable to work due to sickness or injury
· pensions and pension schemes
· periods of notice which both your employer and you must give on ending work
· reference to any collective agreements which affect your work contract.
PAY
Minimum Wage
Generally employees are entitled to a minimum rate of pay of £4.40 (Euro E 5.59) per hour under the National Minimum Wage Act, 2000, once you are over 18 years of age and have worked for at least 2 years since turning 18. Lesser rates apply to other categories of workers.
This rate will increase to £4.70 (Euro E 5.97) per hour from 1st July 01 with a further increase to £5.00 (Euro E 6.35) per hour from 1st October 02.
Certain sectors of industry, including agriculture, construction and hotel and catering, are covered by agreements which set minimum rates of pay, which may be in excess of the National Minimum Wage, for those employments. Details available on request.
Wage Slip
Under the Payment of Wages Act, 1991 the employer must give you, with your wages, a written statement of your gross wages and details of all deductions made. If the 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. The Act also protects against unlawful deductions from wages.
WORKING TIME
The Organisation of Working Time Act, 1997 sets out rights of employees in respect of the following:
Maximum Weekly Hours of Work
Your employer may not require you to work more than an average of 48 hours per week averaged over 4, 6, or 12 months (in most cases no more than 4 months).
Minimum Rest Times/Breaks
You are entitled to a minimum of
· 11 consecutive hours rest per 24 hour period
· one period of 24 hours rest per week, preceded by a daily rest period (11 hours)
· a break of 15 minutes after having worked 4.5 hours and another break of 15 minutes after having worked 6 hours or a break of 30 minutes after having worked for
6 hours if you have not taken a break of 15 minutes after 4 ½ hours.
Holidays
Holiday entitlements are earned from the day you begin work
Your minimum annual leave entitlements are 4working weeks per leave year. You are entitled to lesser amounts for lesser time worked.
If you work part-time, you are entitled to annual leave consisting of 8% of the hours you work, subject to a maximum of 4 weeks.
Full time workers are also entitled to nine public holidays during the year, in respect of which your employer may choose to give you one of the following four options:
- that day off with pay, or
- a paid day off within a month ,or
- an extra day of annual leave, or
- an extra day’s pay.
The following are the nine public holidays in Ireland:
(a) Christmas Day,
(b) St. Stephen’s Day,
(c) St. Patrick’s Day,
(d) Easter Monday,
(e) First Monday in May,
(f) First Monday in June
(g) First Monday in August and
(h) 1st of January.
For part-time workers to qualify for public holidays they must work at least 40 hours in the 5 weeks prior to the public holiday.
Sunday Work
You are entitled to an extra payment for Sunday work.
DISCRIMINATION
Employees are protected from discrimination in employment regardless of their
age, gender, marital status, family status, race, religion, sexual orientation, disability, or membership of the travelling community (Employment Equality Act, 1998).
Queries or complaints should be addressed to The Equality Authority at Clonmel Street (off Harcourt Street), Dublin 2 Phone (01) 417 3333 or Lo-Call 1890 245545 (outside 01 area).
MATERNITY LEAVE
Under the Maternity Protection Act, 1994 a pregnant employee is entitled to maternity leave.
Full details of entitlements may be obtained from The Equality Authority at Clonmel Street (off Harcourt Street), Dublin 2 Phone (01) 417 3333 or Lo-Call 1890 245545 (outside 01 area).
CHILDREN AND YOUNG PERSONS IN EMPLOYMENT
Protection of Young Persons (Employment) Act, 1996
I Persons under 16 years of age:
In general, an employer may not employ any person under the age of 16 years. There are certain exceptions to this general rule, as a child under 16 may be employed in film, theatre, sports or advertising activities under licence from the Minister.
In School Term
A person who is 15 years of age may work during the school term in the following circumstances:
- the work is light
- the hours of work do not exceed 8 in any week.
Out of School Term
A person who is 14 or 15 years old may work outside the school term in the following circumstances:
- on light work
- for not more than 7 hours in any day
- for not more than 35 hours in any week
A person under 16 years of age may not work between 8 p.m. on any one day and 8 a.m. on the following day. In other words, night work is not allowed, in any circumstances.
Breaks
As a worker under 16 years of age you must receive the following breaks:
- 30 minutes after 4 hours working
- 14 consecutive hours in every 24 hour period
- 2 days (which, so far as is practicable, shall be consecutive) in every 7 days
The written permission of your parent or guardian must be obtained before you can start work, and your employer must see a copy of your birth certificate.
II YOUNG PERSONS - 16 and 17 years old
Limits on Working Time
· You may not work for more than 8 hours per day or 40 hours per week.
· You may not work between 10 p.m. on any one day and 6 a.m. on the following day. In other words, night work is not allowed in any circumstances.
· You may not work for more than 4.5 hours without a break of at least 30 minutes.
· You must get 12 hours (in as far as practicable, consecutive) off in any 24 hour period.
· You must get 2 days (in as far as practicable, consecutive) days off in any 7 day period.
DISMISSAL
Unfair Dismissals Acts, 1977 to 1991
Generally, an employee must have at least 12 months continuous service with his/her employer before he/she is be entitled to bring a claim for unfair dismissal under the Acts. For agency workers, the employer for the purposes of unfair dismissal is the user company- not the employment agency.
An employee does not require 12 months service where the dismissal results wholly or mainly from of any of the following grounds:
· your trade union membership or activity
· your religious or political opinions
· your age, gender, marital status, family status, race, religion, sexual orientation, disability, or membership of the travelling community
· the fact that you have brought legal proceedings against the employer, or are a witness in proceedings against the employer
· you have exercised or attempted to exercise your rights under certain employment legislation
The dismissal is presumed to be unfair unless the employer can show substantial grounds to justify it. A dismissal will be fair if it is based wholly or mainly on one of the following grounds:
· your capability, competence or qualifications for the job
· your misconduct
· your redundancy
· where the continuance of your employment would contravene another legal requirement
· where there are other substantial grounds
If it is found by the Rights Commissioner or Employment Appeals Tribunal that you were dismissed for any other reason, the dismissal is automatically unfair.
Minimum Notice
Every employee who has been in employment for at least 13 weeks and who work at least 8 hours per week is entitled to a minimum period of notice before the employer may dismiss them. This period varies from one to eight weeks according to the length of service.
FURTHER INFORMATION AND COMPLAINTS
This booklet is intended to give general guidance to employers and employees on employment rights. It is not a complete or authoritative statement of the law and is not a legal interpretation. Detailed booklets/leaflets are available on request on each individual piece of legislation.
If you feel your employer has denied you your rights under employment legislation, or if you require further information on your entitlements you can contact the Department’s Employment Rights Information Unit at Department of Enterprise, Trade and Employment, Davitt House, 65A Adelaide Road, Dublin 2- telephone number (01) 6313131 or lo call 1890 220222 extension 3131 if telephoning from outside the Dublin area. All of our booklets are available on the Department’s website at www.entemp.ie.
In relation to equality/discrimination issues or your entitlements to maternity leave, parental leave or adoptive leave you may contact the Equality Authority at Clonmel Street, Dublin 2- telephone (01) 417 3333.
With regard to matters relating to safety, health and welfare at work the Health and Safety Authority may be contacted at Hogan Place, Dublin 2- telephone (01) 662 0400. |
