WorkplaceCompliance.ie
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About the Employment (Miscellaneous Provisions) Act 2018
About the Employment (Miscellaneous Provisions) Act 2018
Download the WorkplaceCompliance.ie Guidance Note for SME owners to the Employment (Miscellaneous Provisions) Act 2018. Contains a sample Day 5 Statement also.
Employment (Miscellaneous Provisions) Act 2018 - An Overview
Employment (Miscellaneous Provisions) Act 2018 - An Overview
The Bill has passed through all stages of the houses of the Oireachtas and was signed into law by the President on 25th December 2018. It will come into force on 4th March 2019. It places even greater onus on ALL EMPLOYERS
to have appropriate terms and conditions of employment in place. The Act contains amendments to two primary pieces of employment legislation- Organisation of Working Time Act 1997 and Terms of Employment (Information) Acts 1994 – 2014.
Key updates to existing employment laws include:
- additional obligation on employers to notify employees in writing of 5 core terms of employment within 5 days of commencing employment.
- prohibits the use of zero hour contracts,except in limited circumstances - work done in emergency situations; short-term relief work to cover routine absences, etc.
- provides for the provision of minimum payments in relation to low-paid employees who are required to be available to work but are not called into work (i.e during adverse weather events, etc.)
- creates a new entitlement to banded hour contracts
- introduces an anti-penalisation provision whereby an employer may not penalise an employee for exercising rights under the 1994 Act. An employee who is penalised can be awarded compensation of such amount as the WRC considers just and equitable having regard to all of the circumstances, but not exceeding four weeks’ remuneration.
What happens if my company is not compliant?
Where an employer does not comply with the new obligation in the Act, an employee can bring a claim to the Workplace Relations Commission and/or the Labour Court and be awarded compensation of up to four weeks’ remuneration. This is similar to the current legal position and an employee must have at least one month’s continuous service
in order to bring a claim.
Failure to provide the required information within one month can give rise to a criminal offence.
Fines on conviction are to a Class A fine not exceeding €5,000, or imprisonment of up to twelve months or both.
Directors, managers, secretaries or other officers of a company can be individually liable, i.e. be prosecuted individually for offences.
Download the Workplace Relations Commission (WRC) Statement of Strategy 1800938819 'Fair and Compliant Workplaces and Treatment in Services' here.