Hiring Employees in Ireland
There are a number of steps you need to take when hiring employees in Ireland. This blog will help you get what you need to start hiring.
Background Checks
Under the Criminal Justice Act 2016, an adult will not have to disclose his or her conviction in respect of a range of minor offenses after seven years.
Data obtained by employers must be processed and held in compliance with data protection legislation. If a third party is conducting the background checks, the employer remains a data controller under the EU General Data Protection Regulation (GDPR) and the Data Protection Act 2018, and the third party acts as a processor as it would be processing the personal data of candidates on behalf of the employer.
The employer must ensure that the third party conducts all processing in compliance with the GDPR.
Medical Examinations
Individual offers of employment can be made conditional upon satisfactory health checks, but a prospective employer may be liable under a discrimination claim if the offer is not confirmed based on the information disclosed by the health check.
Drug and Alcohol Testing
- Employers are required to ensure the safety, health, and welfare at work of all employees. This includes ensuring the prevention of improper conduct or behaviour that is likely to put employees at risk. An employer may require an applicant to submit to a drug or alcohol test to the extent that this is required to ensure that the applicant may safely carry out the proposed role. These tests must be necessary and proportionate.
Contract of Employment
Employers are required to provide employees with key terms and conditions of employment within five days of commencing employment, commonly referred to as ‘The 5 Core Terms’. These include:
- The full name of the employer and employee
- Address of the employer
- The expected duration of the contract (temporary or fixed-term)
- The rate or method of calculating pay
- The employers’ expectations of working hours.
Forming a contract can be very complicated. That’s where Bright Contracts steps in. Bright Contracts breaks it all down into a logical series of questions and inputs. All you have to do is provide the answers. The software provides handy tips and guidance where questions might be difficult to understand.
Probationary Period
Although there is no statutory maximum probationary period, an employer will typically provide a probationary period of six months subject to extension at the employer’s discretion. In practice, probationary periods should not be longer than 11 months to ensure that an employee does not accrue service to maintain a claim under the Unfair Dismissals Acts.
When hiring employees in Ireland it is important to conduct necessary background checks, medical checks, drug/alcohol tests, and issue a contract of employment within five days of commencing employment.
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