Written contracts must be issued to employees within 8 weeks of commencing employment, this is the law! As a minimum, each Company must develop a Disciplinary and Grievance policy and procedure and as a requirement these policies normally arrive at the same time as the contract.
A copy of these procedures must be either issued to each employee or be easily accessible to employees within the workplace. Statutory procedures must be followed when conducting dismissal and grievance processes to avoid automatic unfair dismissal rulings and/or compensation uplifts of up to 50%.
Employers who have 11 or more employees who work 16 or more hours per week are legally required to register with The Equality Commission and complete a Fair Employment return annually and an article 55 every 3 years.
Any employees who work more than an average of 48 hours per week over a 17 week reference period must complete an opt-out form to enable them to work in excess of the WTD regulations.Adults who work more than 6 consecutive hours are entitled to a minimum of a 20 minute break. Under 18 year olds are entitled to a 30 minute break if they work more than 4.5 consecutive hours.
The statutory minimum annual holiday entitlement for a 5 day week worker is 28 holiday days per year, if they are in service for the full holiday year. These 28 days can include public holidays.If you intend making any changes to your contracts of employment, you must consult with your staff and gain their consent to the change any terms within the contract.
Employees must have 1 year’s continuous service with the Company to be able to lodge a claim of Unfair dismissal against their employer. There is no minimum service requirements for discrimination claims to be lodged against your Company.
Keep an accurate record and copies of contracts, meetings, conversations, minutes of meetings, letters issued to employees etc. This is critical for your defence in any future litigation claims and for the day to day management of your employees. Having a written contract could cut out disputes with your employees at a later date.
We can assist you in:- Developing robust terms and conditions of employment that both comply with legislation and are specifically tailored to suit the requirements of your business; Develop policies and procedures which determine good practice and codes of conduct that are required by the employees during their employment with you, these policies and procedures can also protect your Company in litigation claims; Development of Company Handbooks