Employment Contracts Solicitors
If you need an employment contract draw up, we will guide you step-by-step on the process. Your convenience is important to us and we aim to minimise the amount of time you have to spend on the process. We offer video calls to save you from travelling to meet us and you can meet us at times convenient to you.
Terms & Types of Contracts
Employees are automatically entitled to have a contract of employment if they work for a regular wage or salary and you must supply them with a written statement of terms of employment. The core terms must be given to an employee within 5 days of starting a job, while the remaining terms can be given to them within 2 months of starting. Core terms include the full names of the employer and employee, the employer’s address, the duration of the contract (if fixed term), the rate/method of calculating pay and the pay reference period, the length of the working day and week.
The additional terms include the place of work, title of the job, date employment began, pay intervals, paid leave, sick pay, period of notice to be given by employer/employee and pension and pension schemes.
Open-ended contracts which continue until the employer or employee end it are the main form. However, you may also create fixed-term or specified-purpose contracts which end on a specified date or when a specified task is completed.
Extremely impressed with the level of service from Shanahan O’Sullivan. Gary was excellent in explaining what was required and what he could do to assist us. His communication was always clear, detailed and to the point. He made the process extremely easy and straightforward. I would have no hesitation in recommending them to others.
Friendly, easy to talk to, professional support from start to finish. The service was exceptional, communication was timely and never overbearing.
Very helpful employment law advice for me as a small business owner.
Obligations
A contract of employment must include some/all terms that apply by law to every employment contract, terms passed by laws in the Dáil, terms that are in accordance with the Constitution, Joint Labour Committee regulations and EU laws.
As an employer, you are required to sign and date the statement of terms but there is no requirement for the employee to sign. You must also keep a copy of it throughout the duration of their employment and up to a year after it finishes.
At the start of the employment, you must provide the employee with a copy of written grievance and disciplinary procedures which are drawn up by the Workplace Relations Commission. You must also give them a written notice of the procedures to be followed under the Unfair Dismissals Acts 1977-2015 before they are dismissed within 28 days of them beginning work.
A probationary period can be included in the contract and the Unfair Dismissals Acts will not apply if you dismiss an employee while on probation, provided the contract of employment is in writing and the probation period is specified in the contract and is one year or less. The Acts will apply however, if you dismiss an employee because of trade union membership, pregnancy-related issues or entitlements under maternity protection such as parental leave or adoptive leave.
The contract of employment may change due to changes in the law however, other changes must be agreed between yourself and the employee.
Employment Contracts Solicitors
Gary O’Sullivan
Solicitor, Head of Department
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