Companies Act 2014

317.

Disclosures of particulars of staff

317. (1) F106 [ Subject to subsections (7) and (7A) , the following information shall ] be given in the notes to the entity financial statements of a company with respect to the employees of the company—

(a) the average number of persons employed by the company in the financial year concerned, and

(b) the average number of persons employed within each category of persons employed by the company in that year.

(2) In respect of all persons employed by the company during the financial year who are taken into account in determining the relevant annual number for the purposes of subsection (1)(a) there shall also be stated the aggregate amounts respectively of—

(a) wages and salaries paid or payable in respect of that year to those persons,

(b) social insurance costs incurred by the company on their behalf,

(c) other retirement benefit costs so incurred, and

(d) other compensation costs of those persons (such costs to be specified by type) incurred by the company in the financial year.

(3) In relation to the aggregate of all amounts stated for the purposes of subsection (2) there shall be shown the amount capitalised into assets and the amount treated as an expense or loss of the financial year.

(4) The categories of persons employed by the company by reference to which the number required to be disclosed by subsection (1)(b) is to be determined shall be such as the directors may select, having regard to the manner in which the company’s activities are organised.

(5) For the purposes of subsection (1)(a) and (b), the average number of persons employed by the company shall be determined by dividing the relevant annual number by the number of months in the financial year of the company.

(6) For the purposes of subsection (5), the relevant annual number shall be determined by ascertaining for each month in the financial year of the company concerned—

(a) in the case of subsection (1)(a), the number of persons employed under contracts of service by the company in that month (whether throughout the month or not), and

(b) in the case of subsection (1)(b), the number of persons in the category in question of persons so employed,

and, in either case, adding together all the monthly numbers.

(7) Where the company prepares group financial statements, those group financial statements shall contain the information required by subsections (1) to (3) for the company and its subsidiary undertakings included in the consolidation taken as a whole and subsections (4) to (6) have effect as if references in them to the company were references to the company and its subsidiary undertakings included in the consolidation.

F107 [ (7A) (a) A company that qualifies for the small companies regime shall only be required to provide the information referred to in subsection (1) (a) .

(b) Where a company qualifies for the small companies regime but elects to prepare group financial statements

(i) those group financial statements shall contain the information required by subsection (1)(a) for the company and its subsidiary undertakings included in the consolidation taken as a whole, and

(ii) subsections (5) and (6) have effect as if references in those subsections to the company were references to the company and its subsidiary undertakings included in the consolidation.

(7B) A company that qualifies for the micro companies regime shall be exempt from the requirements of this section. ]

(8) In this section—

“retirement benefit costs” includes any expenses incurred by the company in respect of—

(a) any retirement benefit scheme established for the purpose of providing retirement benefits for persons currently or formerly employed by the company,

(b) any amounts set aside for the future payment of retirement benefits directly by the company to current or former employees, and

(c) any retirement benefits paid directly by the company to such persons without first being so set aside;

“social insurance costs” means any contribution by a company to any state social insurance, social welfare, social security or retirement benefit scheme (including provision amounting to such under the Social Welfare Acts) or to any fund or arrangement, being a fund or arrangement connected with such a scheme, and “social insurance” means any such scheme, fund or arrangement;

“wages and salaries” in a company’s profit and loss account shall be determined by reference to payments made or expenses incurred in respect of all persons employed by the company during the financial year concerned who are taken into account in determining the relevant annual number for the purposes of subsection (1)(a).

Annotations:

Amendments:

F106

Substituted (9.06.2017) by Companies (Accounting) Act 2017 (9/2017), s. 33(a), S.I. No. 246 of 2017, art. 3, subject to transitional provision in art. 4.

F107

Inserted (9.06.2017) by Companies (Accounting) Act 2017 (9/2017), s. 33(b), S.I. No. 246 of 2017, art. 3, subject to transitional provision in art. 4.