FAQ. The Smart Choice for HR

When looking to acquire the best HR service of course you will have a few questions – Here are a few that are frequently asked and the answers we can provide. If you can’t find the answer you are looking for here, please contact us and we will endeavour to answer your query. 

What are the terms of employment?

The Terms of Employment (Information) Act 1994, provides that an employer must issue its employees with a written statement of terms and conditions relating to their employment within two months of commencing employment.

It must include the following:

  • The full names of the employer and the employee
  • The address of the employer
  • The place of work or, where there is no main place of work, a statement indicating that an employee is required or permitted to work at various places
  • Job title or nature of the work
  • Date of commencement of employment
  • If the contract is temporary, the expected duration of employment
  • If the contract is for a fixed term
  • The rate of pay or method of calculating pay
  • Whether pay is weekly, monthly or otherwise
  • Terms or conditions relating to hours of work,  including overtime
  • Terms or conditions relating to paid leave (other than paid sick leave)
  • Any terms or conditions relating to incapacity for work due to sickness or injury
  • Any terms or conditions relating to pensions and pension schemes
  • Periods of Notice or method for determining periods of notice
  • A reference to any collective agreements which affect the terms of employment

For more information please contact Smart HR Solutions directly.

What are the statutory documents that employers must keep for staff?

In compliance with Employment Legislation, and in order to demonstrate that employees are receiving their proper entitlements, an employer is obliged to maintain certain statutory records. The list below sets out the main records required.

Employer registration number with the Revenue Commissioners

Full Name, Address and PPS Number for each employee (full-time and part-time)

Terms of Employment for each employee

Payroll details – i.e. Gross to Net, Rate per hour, Overtime, Deductions, Shift and other Premiums and Allowances, Commissions and Bonuses, Service Charges, etc.

Copies of Payslips

Employees’ Job Classifications

Dates of commencement and, where relevant, termination of employment

Hours of Work for each employee (including starting and finishing times, meal breaks and rest periods). Register of employees under 18 years of age

Whether board and/or lodgings are provided and relevant details

Holiday and Public Holiday entitlements received by each employee

Any documentation necessary to demonstrate compliance with employment rights legislation

Additional records may be required to be held depending on the sector/business involved.

What are the rest periods that employees are entitled to?

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.

How do I calculate staff holidays?

There are 3 different ways of calculating annual leave entitlement:

Based on the employee’s working hours during what is called the leave year, which runs from April to March. An employee who has worked at least 1,365 hours in the leave year is entitled to the maximum of 4 working weeks’ annual leave unless the employment ceases during the leave year. Many employers use the calendar year (January-December) instead of the official leave year to calculate entitlement

By allowing 1/3 of a working week for each calendar month in which the employee has worked at least 117 hours

8% of the hours worked in the leave year, subject to a maximum of 4 working weeks

An employee may use whichever of these methods gives the greater entitlement.

An employee who has worked for at least 8 months is entitled to an unbroken period of 2 weeks’ annual leave.

Part-time work: Generally, the annual leave for part-time workers is calculated using the 3rd method, that is, 8% of hours worked. If you work full time for some months and the rest of the year you work part time, you should calculate the leave for the full-time and the part-time periods of work separately.

Do I need to pay staff while on maternity leave?

Entitlement to pay and superannuation during maternity leave depends on the terms of contract of employment. Employers are not obliged to pay women on maternity leave. Staff may qualify for Maternity Benefit which is a Department of Social Protection payment providing they have sufficient PRSI contributions.

Are male staff (fathers) entitled to paternity leave?

Paternity leave is not recognised in employment law. In other words, employers are not obliged to grant male employees special paternity leave (either paid or unpaid) following the birth of their child. Annual leave taken following the birth of a child is treated in employment law in the same way as leave taken at any other time of the year. It is at the discretion of the employer to decide who can and cannot take annual leave at a given time.

What is the minimum wage per hour?

Since 1 July 2011 under SI 331 of 2011 the national minimum wage for an experienced adult employee is €8.65 per hour.An experienced adult employee for the purposes of the National Minimum Wage Act is an employee who has an employment of any kind in any 2 years over the age of 18

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