Ireland has a vast amount of statutory employment laws which business owners must follow.
It doesn’t matter if you run an established business or are starting from scratch. Employers need to keep on top of workplace legislation and employee rights. Ireland’s employment laws on recruitment, conduct, and entitlements are all legally bound and reviewed.
If you breach laws or treat employees unfavourably, you could face damaging impacts. Grievance claims can lead to costly penalties and disruption – all casting huge blows to your brand name and bottom-line.
In this guide, we’ll look at the importance of employment law in Ireland. And how to keep legal compliance whilst running your business.
What is employment legislation in Ireland?
Employment legislation are rules which both employers and staff are legally obliged to follow.
They govern the relationship between you and your workforce, outlining your legal compliance for them, as well as your business.
Irish businesses are governed by the Irish Constitute, equity regulation, and common law – as well as EU laws.
Irish employment laws are statutes passed by the government, whereas common laws pass through courts.
Why do we have employment laws?
Employment laws are designed to safeguard employees during work. They protect their safety, health, wellbeing, and legal rights.
But it doesn’t mean businesses are neglected. It’s important to demonstrate employee and business rights through policies and procedures.
Employment contracts and policies present a fair and reasonable standard for business production. And employee handbooks provide guidance on workplace obligations, conduct, and rights.
Consequences of breaching employment law
If an employee suffers from a legal breach, they could raise their claim to the Workplace Relations Commission (WRC).
The WRC is a statutory body who investigates grievance complaints and ensures employers follow Irish laws. If any non-compliance is found during inspections, they can enforce fines and penalties.
How is Irish employment law regulated?
Employment law in Ireland is regulated by three sources of legal jurisdictions:
Irish Constitutional (Bunreacht na hEireann)
The Irish Constitution allows three basic employee and employer rights which cannot be disregarded. These are the:
- Right to earn a living.
- Right to join a trade union.
- Right to natural justice.
Common law (Precedent law)
The relationship between an employer and their employee is legally bound once a contract is signed. Because of this, certain common laws automatically come into force.
These laws are generally made by judges, in respect to employment contract legislation and terms.
Statute legislation
Because Ireland is part of the European Union (EU), they’re obliged to follow EU laws alongside domestic laws.
Laws, such as EU Directives, regulations, and decisions in European Courts, have all influenced current employment legislation.
What are the principles of Irish employment law?
The main principle for employment law is to protect employees from exploitation and harm. There are four types of employment legislation which demonstrate an employer’s responsibilities.
- Recruitment: These laws demonstrate responsibilities and duties after starting a job.
- Payment: These laws outline legal entitlements to wages and benefits.
- Discrimination: These laws ensure employers treat all people with fairness.
- Health and safety: These laws explain how to keep employees safe during work.
What employment policies are required by law?
Here are some Irish employment laws you must follow to legally operate:
The Terms of Employment (Information) Acts 1994–20142
These require you to provide a written statement of terms and conditions for new employees.
The Employment Equality Acts 1998–2015
These are employment laws on harassment, bullying, and discrimination in the workplace.
The Payment of Wages Act 1991
This regulates the payment of wages and benefits for employees.
The National Minimum Wage Act 2000
This outlines an employee’s legal entitlement to the national minimum wage.
The Safety, Health and Welfare at Work Act 2005 (as amended)
This ensures workplace health and safety for employees and non-employees found in your business.
The Employees (Provision of Information and Consultation) Act 2006
This requires you to inform and consult staff on workplace developments.
The Organisation of Working Time Act 1997
This is Irish employment law for working hours, holidays, and breaks which are statutory rights for all employees.
The European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003
Also known as ‘TUPE’; this involves employee rights when being transferred from one employer to another.
The Protection of Employment (Temporary Agency Work) Acts 20121977–2021
These state equal rights for temporary agency workers in respect to work hours, breaks, and leave entitlements.
The Minimum Notice and Terms of Employment Acts 1973–20051
These are Irish employment laws on notice periods, and providing statutory minimum amounts.
The Unfair Dismissals Acts 1977–201507
These demonstrate employee rights against unfair dismissal; with or without notice.
The Redundancy Payments Acts 1967–20142
These are Irish employment laws on redundancy and legal rights for redundancy pay.
The Industrial Relations (Amendment) Act s 1946–2015
These provide employees with a ‘right to bargain’ for contract term amendments.
The Employment Permits Acts 2003–2014
These demonstrate the safeguarding and protection of rights for foreign workers.
The Parental Leave Acts 1998 – 2019
This presents parental leave entitlements for employees who care for children.
The Maternity Protection Amended Acts 1994
The Maternity Protection Act 1994–2004
This presents maternity leave entitlements for employees involved in pregnancies and birthing.
The Carer’s Leave Act 2001
This presents carers’ leave entitlements for employees who provide full-time care for dependent people.
The Protection of Employees (Part-Time Work) Act 2001
This includes part-time workers’ rights for fair treatment, in comparison to full-time employees.
The Protection of Employees (Fixed-Term Work) Act 2003
This includes fixed-term workers’ rights for similar provisions to part-time workers.
The Protection of Employees (Temporary Agency Work) Act 2012
This includes agency workers’ rights for basic working conditions, in comparison to those with employment contracts.
The Protected Disclosures Act 2014
This outlines the protection for ‘whistle blowers’ against any repercussions after reporting wrongdoings in the workplace.
The Employment (Miscellaneous Provisions) Act 2018
This is a new Irish employment law for protecting employees against insecure contracts.
The Workplace Relations Act 2015
This involves employment and industrial disputes relating to legal obligations.
Get expert guidance on employment laws and employee rights with Peninsula
Employers must actively comply with workplace laws, regulations, and rights. If this is practiced daily, you can encourage a secure and wholesome work environment.
Without following the laws, employers could dismiss their legal and moral duties. You might end up paying costly penalties and attending court hearings. All of which can lead to disorder for your business.
Peninsula provides expert guidance on employment legislation and entitlements. Our team offers support on successfully running a legally compliant business.
Our clients also get access to 24/7 HR consultation on Irish employment law advice. But if you’re not yet a client, you can still enjoy free advice from one of our business experts. Simply call us on 1890 252 923
