Terms of Employment (Information) Act 1994

Written statement of terms of employment.

3

3. (1) An employer shall, not later than 2 months after the commencement of an employee’s employment with the employer, give or cause to be given to the employee a statement in writing containing the following particulars of the terms of the employee’s employment, that is to say—

( a) F7 [ ]

( b) F7 [ ]

( c) the place of work or, where there is no fixed or main place of work, a statement specifying that the employee is required or permitted to work at various places,

( d) the title of the job or nature of the work for which the employee is employed,

( e) the date of commencement of the employee’s contract of employment,

( f) F7 [ ]

F8 [ ( fa ) a reference to any registered employment agreement or employment regulation order which applies to the employee and confirmation of where the employee may obtain a copy of such agreement or order, ]

F9 [ (g) F7 [ ]

( ga ) that the employee may, under section 23 of the National Minimum Wage Act, 2000, request from the employer a written statement of the employee s average hourly rate of pay for any pay reference period as provided in that section, ]

(h) the length of the intervals between the times at which remuneration is paid, whether a week, a month or any other interval,

(i) any terms or conditions relating to hours of work (including overtime),

(j) any terms or conditions relating to paid leave (other than paid sick leave),

(k) any terms or conditions relating to—

(i) incapacity for work due to sickness or injury and paid sick leave, and

(ii) pensions and pension schemes,

(l) the period of notice which the employee is required to give and entitled to receive (whether by or under statute or under the terms of the employee’s contract of employment) to determine the employee’s contract of employment or, where this cannot be indicated when the information is given, the method for determining such periods of notice,

(m) a reference to any collective agreements which directly affect the terms and conditions of the employee’s employment including, where the employer is not a party to such agreements, particulars of the bodies or institutions by whom they were made.

F10 [ (1A) Without prejudice to subsection (1) , an employer shall, not later than 5 days after the commencement of an employee s employment with the employer, give or cause to be given to the employee a statement in writing containing the following particulars of the terms of the employee s employment, that is to say:

(a) the full names of the employer and the employee;

(b) the address of the employer in the State or, where appropriate, the address of the principal place of the relevant business of the employer in the State or the registered office (within the meaning of the Companies Act 2014 );

(c) in the case of a temporary contract of employment, the expected duration thereof or, if the contract of employment is for a fixed term, the date on which the contract expires;

(d) the rate or method of calculation of the employee s remuneration and the pay reference period for the purposes of the National Minimum Wage Act 2000 ;

(e) the number of hours which the employer reasonably expects the employee to work

(i) per normal working day, and

(ii) per normal working week. ]

F10 [ (1B) Where a statement under subsection (1A) contains an error or omission, the statement shall be regarded as complying with the provisions of that subsection if it is shown that the error or omission was made by way of a clerical mistake or was otherwise made accidentally and in good faith. ]

F11 [ (2) Each statement referred to in subsection (1) and (1A) shall be given to an employee notwithstanding that the employee s employment ends before the end of the period within which the statement is required to be given. ]

(3) The particulars specified in F11 [ paragraph (d) of subsection (1A) or paragraphs ] (h), (i), (j), (k) and (l) of the said subsection (1), may be given to the employee in the form of a reference to provisions of statutes or instruments made under statute or of any other laws or of any administrative provisions or collective agreements, governing those particulars which the employee has reasonable opportunities of reading during the course of the employee’s employment or which are reasonably accessible to the employee in some other way.

(4) A statement furnished by an employer under F11 [ subsection (1) or (1A) ] shall be signed and dated by or on behalf of the employer.

(5) A copy of F11 [ a statement furnished under this section ] shall be retained by the employer during the period of the employee's employment and for a period of 1 year thereafter.

(6) (a) The Minister may by order require employers to give or cause to be given to employees within a specified time a statement in writing containing such particulars of the terms of their employment (other than those referred to in F11 [ subsection (1) or (1A) ] ) as may be specified in the order and employers shall comply with the provisions of such an order.

(b) The Minister may by order amend or revoke an order under this subsection, including an order under this paragraph.

(7) This section (other than subsection (6)) shall not apply or have effect as respects contracts of employment entered into before the commencement of this Act.

Annotations

Amendments:

F7

Repealed (4.03.2019) by Employment (Miscellaneous Provisions) Act 2018 (38/2018), s. 3(a), S.I. No. 69 of 2019.

F8

Inserted (1.08.2012) by Industrial Relations (Amendment) Act 2012 (32/2012), s. 18(b), S.I. No. 302 of 2012.

F9

Substituted (1.04.2000) by National Minimum Wage Act 2000 (5/2000), s. 44, S.I. No. 96 of 2000.

F10

Inserted (4.03.2019) by Employment (Miscellaneous Provisions) Act 2018 (38/2018), s. 7(a), (b), S.I. No. 69 of 2019.

F11

Substituted (4.03.2019) by Employment (Miscellaneous Provisions) Act 2018 (38/2018), s. 7(c)-(g), S.I. No. 69 of 2019.

Modifications (not altering text):

C11

Additional requirement to that imposed by subs. (5) provided (1.12.2005) by Social Welfare Consolidation Act 2005 (26/2005), s. 250(14), S.I. No. 923 of 2005.

Social welfare inspectors.

250.— ...

(14) Where an employer issues to an employee a statement containing the particulars specified in section 3 of the Terms of Employment (Information) Act 1994, he or she shall retain a copy of the statement for 2 years from the date on which that statement was issued and shall give that copy on demand to a social welfare inspector for inspection under this section.

...

Editorial Notes:

E4

Redress and appeal procedures for purpose of section provided (1.10.2015) by Workplace Relations Act 2015 (16/2015), ss. 41, 44 and sch. 5 part 1 item 4, sch. 6 part 1 item 5, sch. 6 part 2 item 5, S.I. No. 410 of 2015.

E5

Power pursuant to subs. (6) exercised (1.03.1998) by Terms of Employment (Additional Information) Order 1998 (S.I. No. 49 of 1998).

E6

Power pursuant to section exercised (2.01.1997) by Terms of Employment (Information) Act, 1994 (Section 3 (6)) Order 1997 (S.I. No. 4 of 1997).

E7

Previous affecting provision: compliance notice procedure in respect of subs. (1) provided by Workplace Relations Act (16/2015), s. 28 and sch. 4 item 2, not commenced; deleted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 20(1)(q), S.I. No. 411 of 2015.