Should an Apprentice receive a Contract of Employment?
An individual employed as an apprentice in a trade specified in the statutory apprenticeship rules is deemed to be an employee for the duration of the apprenticeship. As an employee a signed contract should be put in place between the employer and employee.
Key points to be included in the contract:
• Contract Purpose: the contract should state that the purpose of the contract is for the apprenticeship of the specific trade.
• Training: in this regard the contract should confirm two aspects:
o That on the job training will be provided under the supervision of a suitably qualified person,
o That off the job training will be provided at approved courses.
• Termination: it is important to clearly state that the apprentice contract will come to an end once the apprenticeship has been successfully completed. Some employers may wish to retain the individual after their apprenticeship, in this instance it is advisable to issue a new contract of employment. Accommodation should also be made under the termination clause for the event where an employee fails to reach the qualifying standard for their trade. Normal practice would be to state that the contract will be deemed automatically terminated if the apprentice fails, after three attempts to reach the qualifying standard.
Finally employers should remember that minimum wage rates differ for apprentices/trainees. Further details on this can be found here:
Bright Contracts - Employment Contracts and Handbooks
Whistleblowing Legislation
As you are probably aware, this July saw the introduction of the Whistleblowing Act; the most significant piece of employment legislation to be introduced in Ireland in some time.
As this legislation establishes itself, we fully expect there will be a considerable amount of cases on the matter. The advice to employers is to get prepared now by putting a whistleblowing policy in place.
A complete whistleblowing policy is available to all Bright Contracts customers now. Simply log in to access the policy today.
Further information on whistleblowing can be found here.
Bright Contracts - Employment Contracts and Handbooks
Social Media - a challenge for employers!
Social Media has shifted workplace dynamics, offering limitless commercial potential, including opportunities to increase client base, branding advertising, and recruitment. Social media has made historically 9-5 business accessible 24/7.
However, it is not without risk! Social media can put companies at risk of:
- Decreased productivity
- Reputational damage
- Leakage of confidential company information: if it's digital, it's public!
How can Bright Contracts Help?
Bright Contracts now contains a Social Media Policy, which helps managers put measures in place to regulate its use and to combat risks. The Social Media Policy has been included in the Staff Handbook. If you haven't already, we recommend you update your program and introduce the Social Media Policy in your workplace.
Bright Contracts - Employment Contracts and Handbooks
Bright Contracts is live in the UK!
Following the success of Bright Contracts Ireland, we are delighted to announce that we are now offering Bright Contracts UK.
Bright Contracts UK will create and manage contracts of employment suitable for use across England, Wales, Scotland and Northern Ireland. The staff handbook contains policies and procedures that are specific to the UK. As always, the website contains a range of guidance and templates on day-to-day HR issues.
Check us out at www.brightcontracts.co.uk
Bright Contracts - Employment Contracts and Handbooks
New Support!
At Bright Contracts, we're continuously looking at ways to improve the service and support we offer our customers. As part of this we've recently added additional free support to our website!
- How to Roll Out Contracts of Employment and Staff Handbook
Purchasing Bright Contracts and creating employee contracts is the easy part! Introducing them to existing employees can be a slightly trickier issue. To help you successfully issue your employee documentation we've added a detailed step-by-step guide, plus video to our website, that will help get you sorted without creating conflict in your workplace.
- Managing Absences: Return to Work Interviews
11 million days are lost each year in Ireland due to employee absences, costing the economy €15 billion per year! One of the most effective ways of managing employee absence is to conduct Return to Work Interviews. We've put together a short guide and template form to help you structure and conduct Return to Work Interviews.
Bright Contracts - Employment Contracts and Handbooks
Breakfast with Bright Contracts
Thesaurus Software had an interesting morning yesterday as we had our first Employment Law breakfast meeting. We met with a number of our customers at the Pillo Hotel in Ashbourne for a two hour employment law seminar.
The morning had a particular emphasis on our HR software Bright Contracts and the importance of having employment contracts and employee handbooks in the workplace. The topics under discussion throughout the morning included:
• Managing sick leave
• How to handle workplace theft
• Employee dismissal - what you need to know
• Employment law update: The Whistleblowing Bill and The Workplace Relations Bill
We were delighted with the turnout for the event and really enjoyed meeting our customers and answering their queries. With the morning being a great success, we are starting to plan more breakfast meetings in various locations across Ireland.
Bright Contracts - Employment Contracts and Handbooks
Giving an employee reference - be careful!
Writing a reference for an ex-employee may at the outset seem straight forward, however employers need to be cautious.
What Can Go Wrong
If you provide a reference you have a duty to take reasonable care to ensure it is true, accurate, and fair and not misleading.
• If you provide a bad reference that you can’t substantiate, you run the risk of your former employee suing you for damages if they did not get the job.
• If you provide a glowing reference for an employee who has not been satisfactory and that employee goes on to perform badly in their new job, the new employer could claim damages against you.
Your Options
• Do not give references as a matter of policy. Employers are generally under no obligation to provide references. If you decide on this option as policy it is advisable to reply to reference requests with a statement that it is not your policy to give them, particularly to avoid misunderstandings perhaps with employers believing that you had problems with the employee.
• Give the bare facts: many employers provide the minimum details e.g. the employee’s position and dates of employment. Again if this is your policy it is advisable to state that it is your policy not to provide further details.
• Providing a full reference. You may decide to give a full reference giving details for example about the employees attitude, timekeeping, drive etc. If you decide on this option remember you have a duty to ensure the content is true, accurate, and fair.
• Do not include sensitive personal data in a reference, e.g. information about the individual’s health, race or trade union membership, without first obtaining the ex-employee’s consent.
• Include a disclaimer: many companies aim to limit liability by adding a disclaimer stating that they cannot accept any liability for errors or omissions in the reference. However, in reality, how much protection a disclaimer will provide may be limited.
Whatever option you decide to go with the key is to be consistent. Inconsistency could lead to a claim of discrimination from a disgruntled employee. It is best to establish a policy clearly stating whether you give references, if you do, who should give them and what they should contain.
Bright Contracts - Employment Contracts and Handbooks
Employees under the age of 18 - what you need to know
In Ireland there are specific laws and obligations for employers that apply when employing individuals under the age of 18. They have been designed to protect the health of young workers and ensure that work during the school year does not put young people’s education at risk.
Obligations on employers include:
• In addition to a contract of employment, employees under 18 must be provided with the official summary of the Protection of Young Persons (Employment) Act within one month of starting employment.
• Any employer who has employees aged under 18 must display the official summary of the Act at the work place where it can easily be read.
• Before employing an individual under 18 years of age employers must see a copy of their birth cert or other evidence of age.
• When employing an individual under 16 years of age, written permission from a parent/guardian must be received.
• Employers found not complying with the above criteria could face fines of up to €1,904.61 and an extra €371.43 a day for a continuing offence.
The official summary of the Act can be found here.
Additional key features of the regulations include:
• Minimum age limits for employment; normally 16, but can be lowered to 14 or 15 in certain circumstances.
• Revised rest intervals and maximum working hours, particularly during term time
• Prohibits the employment of anyone under 18 for early morning or late night work
• Requirements on employers to keep specific records for workers under 18
Minimum Wage Rates
Minimum wage rates also differ for those under 18 or who have just turned 18, see below for details.
• An employee who is under 18 is entitled to €6.06 per hour
• An employee who is in the first year of employment since the age of 18 is entitled to €6.92 per hour
• An employee who is in the second year of employment since the date of first employment over the age of 18 is entitled to €7.79 per hour
Bright Contracts - Employment Contracts and Handbooks
Irish whistleblowing legislation gets green light!
The long awaited Protected Disclosure Act 2014, more commonly known as the Whistleblowing Act is now in force across all sectors.
The Act, which has been designed to promote workplace cultures of accountability and transparency, offers comprehensive protection to workers who blow the whistle.
Employers need to take notice and take steps to become compliant with the legislation.
Key Features of the Act Include:
• Protected Disclosure: disclosure of relevant information, which in the reasonable belief of the worker tends to show relevant wrongdoings and came to the attention of the worker in connection with their employment. The motivation for making the disclosure is irrelevant.
• Worker: the Act protects a wide range of “workers”, including employees, contractors, trainees, agency staff, former employees and job seekers.
• Retrospective in effect: meaning that protected disclosures made earlier this year or last year may be covered by the legislation.
• 5 Years’ Remuneration Award: any worker found to have been dismissed on the grounds of having made a protected disclosure could receive an award of 5 years remuneration. The maximum award under existing unfair dismissals legislation is 2 years remuneration, highlighting the severity the Government are placing on this issue.
• Protections: in addition to protection from any detrimental treatment in the workplace, including dismissal or disciplinary action, whistleblowers will also be exempt from any criminal liability.
• Anonymity: the Act allows for total anonymity of the whistleblower, however this may make appropriate investigations difficult for the employer.
• Methods of Disclosure: the Act sets out a number of avenues open to workers looking to make a disclosure, from raising the issue internally to external options.
Employers need to get “whistleblowing ready” quickly. Existing polices should be reviewed or new policies implemented that are in line with the legislation. Don’t leave gaps for potential exposure.
Bright Contracts will be releasing a comprehensive Whistleblowing Policy shortly.
Bright Contracts - Employment Contracts and Handbooks
Changes afoot in how Irish employment disputes are to be dealt with
It is no exaggeration to say that employee rights have developed in a patchwork fashion over the last 60 years. During that time, new statutory enforcement bodies have been created on an ad hoc basis and the result is that different rights must be enforced in different forums.
However, all that is due to change as the Government has just approved new legislation to reform workplace relations bodies.
There are currently five organisations which deal with workplace disputes in Ireland:
• The Labour Relations Commission (LRC)
• The National Employment Rights Authority (NERA)
• The Equality Tribunal
• The Employment Appeals Tribunal (EAT)
• The Labour Court
The result of having five separate, independent bodies is a very confusing and frustrating system for employees, employers and professionals representing them.
Challenges include:
• A set of circumstances arising between a single employee and single employer can give rise to a number of claims, which must be processed through different bodies
• Lack of consistency between bodies
• Over legalistic service
The new system, which is expected to be in place by the end of 2014, will see the five bodies reduced to two bodies – the Workplace Relations Commission (WRC) which will deal with all first instance complaints, and the Labour Court which will deal with appeals.
Once implemented the new system will result in a more straight-forward, quicker service for employees and employers. The changes will also result in significant savings for the Department of Jobs, estimated at €2m.
For further information on services provided by the new WRC visit www.workplacerelations.ie.
Bright Contracts - Employment Contracts and Handbooks
