| 1. Is it a legal
requirement that employees must receive an employment
contract ? |
No, a contract can be oral or in
writing. However, any special terms or restrictions
that are not normal (and fixed term contracts), must
be in writing. |
| 2. What factors constitute
a fair dismissal i.e.legally justifiable reasons to
terminate employment without the need to pay compensation?
|
A substantial reason or breach of
terms that prevents the continuance of the contract.
The reason has to be related to personal facts, which
breaches the trust of the employment relationship. |
| 3. What is good practice
with regard to dismissal procedures to minimise the
risk of claims for unfair dismissal? |
Notice must be provided - employee
has 15 days to ask for a reason- employer must reply
in 7 days or the notice is void. |
| 4. If an employee
is dismissed unfairly what is the financial range of
compensation that can be made to employees? |
If a dismissal is judged as unlawful
an employer (of more than 15 employees) must reinstate
an employee within three days. Alternatively the employee
can choose compensation equal to 15 month's wages. If
the employer has less than 16 employees, reinstatement
or compensation of between 2.5 to 6 month's wages is
posible. |
| 5. Do employees have
the right to be members of a trade union? |
Yes |
| 6. Is there any legal
requirement for an employer to contribute to a pension
for employees? |
Yes, to the national pension system
(50% financial responsibility) |
| 7. What are standard
maternity rights? |
A pregnant employee cannot be dismissed
in the year after the birth of the child. Maternity
leave: from two months before the expected birth to
three months after the birth - 80% of salary paid by
the employer. |
| 8. What are parental
leave rights (including paternity leave)? |
Until the child is one year old,
the mother has the right to two daily rest periods of
one hour each - fully paid. Until the child is eight
year hold,the parents can take up to 10 months leave,
each of them not more than six months, but if the father
takes at least three months, 11 months leave is possible.
Until the child is three, eligible to 30% salary, up
to six months maximum. |
| 9. When are employees
eligible for redundancy payments? |
When employment is teminated as a
result of crisis, reorganisation, conversion or reconstruction
of a business with more than 15 employees. |
| 10. What are the
statutory redundancy payment limits? |
80% of the monthly salary, but not
exceeding €880 per month. |
| 11. Can existing
employees be dismissed if you buy a business with employees? |
No, not within EU law. |
| 12. Any other general
legislation? |
The 'Employees' Statute' (1970),
regulations rights of the employees e.g. trade union
activity, right of reinstatement if unlawfully dismissed.
Other legislation concerns sexual discrimination, employment
procedures in relation to strikes and redundancy funds. |
