06 Jun, 2023

Are you up to date on your employer obligations?

New regulations affecting worker rights and the information that employers must include in written terms and conditions of employment came into effect for 2023. Our Head of HR & Payroll Services, Mary McDonagh summarises the key changes.

Additional worker rights came into effect late last year with the transposition into Irish law of an EU Directive on Transparent and Predictable Working Conditions in the European Union. While the rules apply to all forms of work—including flexible and non-standard work— there are exceptions for workers who have less than four consecutive weeks' service and those working an average of three hours or less per week. It is important that employers review their employment contacts and check whether any changes to policies and/or written documentation may be needed in order to comply with the new requirements. 

What has changed?

One of the key changes is that employers now have to provide more information in the written terms and conditions that they must give employees within 5 days of the commencement of employment. 

Up to now, the so-called ‘Day 5 Statement’ had to include details of the employer’s name and address, the employee’s full name, the rate and method of calculating pay, pay reference period, normal working hours, and duration of contract in the case of temporary or fixed-term contracts. 

The new regulations extend the contents of the ‘Day 5 Statement’ to cover additional information (such as details of mandatory training to be provided by the employer) as well as certain core employment information that previously had to be provided within 2 months of commencing employment (such as details of the place of work, nature of work, normal hours of work and overtime).

Further information must be provided within one month in a ‘One Month’ written statement setting out details regarding annual leave, public holiday and sick pay entitlements, pension scheme details, notice periods and details of any collective agreements that may affect the terms of employment.

New rights for workers

The legislation also introduces additional worker rights including:

  • a limit on the length of probation periods

  • the right to seek additional employment

  • the right to know in a reasonable period in advance when work will take place

  • the right to request to a transfer to a form of employment with more predictable and secure working conditions where available and receive a reasoned written reply

  • the right to receive mandatory training, cost-free, where training is required to carry out the work for which the worker is employed

  • anti-abuse legislation for zero-hour contract work.

To ensure that your employment documentation and policies comply with the latest requirements, we encourage you to avail of support from our HR consultancy team. To request a call, contact hrservices@ifac.ie