Complex laws
Employment law is very complex, no two ways about it. There is an extensive amount of both Irish and EU law which covers employee rights. Many employers abide by the regulations but many do not and an employee might not have the knowledge or understanding to present their case to their employer.
Here is a brief guide to some of your rights under current legislation.
Notice
Minimum Notice
All employees who work at least eight hours per week and who have at least thirteen weeks continuous service with the same employer have to be given minimum notice when being made redundant.
Period of Notice
An employee must have been in 'continuous service' with the same employer for at least thirteen weeks. The notice period is based on length as service as follows:
Length of Service Minimum Notice
Thirteen weeks to two years | One week |
Two years to five years | Two weeks |
Five years to ten years | Four weeks |
Ten years to fifteen years | Six weeks |
More than fifteen years | Eight weeks |
Calculation of Period of Service
Every week in which an employee is expected to work at least eight hours counts in calculating length of service. Absence of up to twenty-six weeks between consecutive periods of employment count as periods of service if due to lay-offs, sickness or injury, or when taken by agreement with the employer.
Terms of Employment
Employers must provide all of their employees with a written statement about the details of a employee's job. It outlines the duties, responsibilities and particulars of a job and must be given to the employee within two months of starting a new job.
If you work on contract through an employment agency (they pay you), the agency is responsible for providing a written statement.
Annual Leave and Public Holidays
Annual Leave
All employees are entitled by law to a maximum annual holidays of four weeks (20 working days), although this can vary between organisations. An employee who has worked for at least eight months is entitled to an unbroken period of two weeks annual leave.
Public Holidays
Most employees are entitled to have paid leave on public holidays. One exception is part-time employees who have not worked at least 40 hours in total in the 5 weeks before the public holiday.
Employees who qualify will be entitled to either the public holiday off as paid leave or one of the following alternatives:
- A paid day off within a month of the public holiday
- An additional day of annual leave
- An additional day's pay
- The nearest church holiday to the public holiday as a paid day off
MIGRANT WORKERS - WORK PERMITS
- the Department of Enterprise Trade and Employment has an excellent "quick step" facility online allowing both employees and employers to find out directly how to apply for a work permit in one of a number of particular situations.
http://www.entemp.ie/labour/workpermits/
WORKING VISAS/WORK AUTHORISATIONS FOR EMPLOYMENT IN IRELAND
- applications for Working Visas and Work Authorisations are accepted from persons outside the country only. Applications must normally be made through the Irish Embassy/Consulate in the applicant's country of permanent residence and applicants may be required to attend for personal interview. If there is no Irish Embassy/ Consulate in the country in question, the application may be made through any Irish Embassy/Consulate, through the applicant's reference in Ireland or direct by post to the Visa Office, Department of Foreign Affairs, 13-14 Burgh Quay, Dublin 2, Ireland.
Migrant Workers - Frequently Asked Questions
