Record-keeping Requirements
Employers need to be aware that there are regulations which place a requirement on them to retain certain information in relation to their employees for specific periods of time. The National Employment Rights Authority (NERA) has the authority to attend a company’s premises and conduct an inspection and the company will need to be able to provide them with a number of details.
• Employer’s registration number.
• A list of all employees including full names, addresses and PPS numbers.
• Dates of commencement and if relevant, dates of termination of employments.
• Written terms of employment for employees.
• Employee’s job classification.
• A record of annual leave and public holidays taken by each employee.
• Hours of work for each employee.
• Copies of payslips and payroll details for each employee.
• A register of employees under 18 years of age.
• Details of any board or lodgings provided.
• Employment permits or evidence that a permit is not required for non-EEA nationals.
A NERA inspection can be initiated
a. In response to complaints received of alleged non-compliance with relevant employment rights legislation.
b. As part of NERA’s compliance campaigns which focus on compliance in a specific sector or a specific piece of legislation.
c. Routine inspections.
Apart from the requirements of NERA, there are a number of other documents that employers are required to retain. These include details of Parental Leave, Force Majeure and Carer’s Leave.
Employers should also be mindful that there are other documents that are not covered by regulations that they would be best advised to retain. Documentation relating to recruitment, training and health and safety may prove indispensible in the event of a dispute and should be kept on file for a period of time. For example an employee may dispute that they were not trained on a particular part of his/her role or that they were not informed of a particular policy within the organisation that he/she had contravened. The employer will need to have the records in place to demonstrate that this training/informing did take place.
For a list of some of the main requirements and recommendations. See http://www.brightcontracts.ie/downloads/RecordKeepingRequirements.pdf
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