Employment Contracts

Core Terms of Employment must be proved to the employee within five days of starting work. Under the Terms of Employment (Information) Act 1994-2012, an employee must be presented with a written statement covering the remaining terms of their employment within one month of commencing work.  This should include information such as the employee’s job title and nature of the work, location, sick pay and pension details.

Both employer and employee must sign an employment contract, and the staff member must be provided with a copy.  Furthermore, employers must retain a copy of any employment contract for one year after the employee leaves service.

The Core Terms of employment are set out in the Employment (Miscellaneous Provisions) Act 2018 and include:

• The Full Names of the Employer and the Employee

• The Address of the Employer

• The expected Duration of the Contract (if the contract is temporary or fixed term)

• The Rate or Method of Calculating Pay and the Pay Reference period for the purposes of the National Minimum Wage Act 2000 (e.g. a week, a fortnight or a month)

• The Hours of Work

• Place of Work

• Date Employment Commenced

• Job Title

• What the Employer reasonably expects the normal length of the Employees Working Day and Week to be.

• Duration and Conditions relating to Probation.

Whether you have been asked to sign a new Employment contract or have a concern about the terms of an existing contract, we can review and advise on your options. We also have extensive experience in representing employees during contract negotiations, ensuring our clients are happy with the end result.

An Employment contract can include a probation period.  As long as the contract is in writing and the probation does not exceed 6 months, save in exception circumstances.  Where the probationary period is, on an exceptional basis, to be longer than six months, it cannot exceed 12 months and must “be in the interest of the employee”.

Whether you have been asked to sign a new employment contract or have a concern about the terms of an existing contract, we can review and advise on your options.

We also have extensive experience in representing employees during contract negotiations, ensuring our clients are happy with the end result.

It is increasingly common for Employment Contracts to include clauses known as ‘Restrictive Covenants’ that go beyond the standard terms of employment. Examples of restrictive covenants include:

• Non-Competition Clauses – barring an employee from working for a competitor for a set period of time after their current employment ends.

• Confidentiality Agreements – specifying that an employee must not share information about the business, its activities and other sensitive matters with third-parties.

• Non-Solicitation Clauses – preventing an employee who leaves from enticing other employees to do the same.

Read more about our Restrictive Covenants & Non-Competes Expertise

Where a dispute has arisen over an employment contract, our Employment Team can review your contract and advise on how it applies to the dispute. We can then support you in pursuing a fair resolution to your dispute, including through options such as a settlement agreements and alternative dispute resolution which may allow you to achieve an amicable solution quickly and cost-effectively.

Where appropriate, we can assist with referring an Employment contract dispute to the Workplace Relations Commission ("WRC") or the Labour Court. Should this be necessary, our Employment Team can assist with preparing your case and we can represent you during any hearings that take place.