July 6, 2020
Data Protection – the Return to Work Safely Protocol
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Terms and Conditions of Employment
As an employee, or prospective employee, contracts of employment can be extremely confusing and intimidating. Employment contracts are drafted by employers to protect their interests, and as such, it is important to understand what you are entering into by signing on the dotted line. Your greatest point of leverage to make changes to your employment contract is before you join your employer, as because they will have invested considerable time, money, and resources to select and interview candidates to determine you are a fit for both their organisation and the role, if the only barrier to you joining is an amendment to your contract, this has every chance of being accepted.
At any stage, if you need guidance on the terms and conditions of your existing employment, or for a new role you have been offered, Lavelle Partners’ have the expertise and experience in employment contract law to assist you.
Under the Employment (Miscellaneous Provisions) Act 2018, which came into force on 4th March 2019, you must receive as a minimum a statement of your core terms within five days, containing:
These core terms do not constitute your full employment contract; this must follow within 2 months of your starting date. The Terms of Employment (Information) Acts 1994–2014 defines a more detailed set of terms which and conditions which must be included in your contract of employment, as follows:
It is important that before entering into a contract of employment, you thoroughly understand its contents and any implications for you and your family. Many people have a natural tendency to accept unfavourable terms, or those they do not understand because they do not wish to jeopardise their offer of employment. In practice, most employers will be open to discussion on aspects of your contract, and this should not put your position at risk. On the contrary, it will put you in a stronger position at a later point, should aspects of the contract be invoked.
We recommend that you understand any restrictive covenants with your contract. These can place barriers on any future employment, for example, preventing you from working in the same area of work in a given geography. Not all contracts will contain these, and it is typically more senior staff who may be subject to such restrictions. It is essential to make sure these are date limited, highly specific, and fair and reasonable.
It is also advisable to ensure you understand any clauses which may require you to travel or work in other locations, or those in relation to incentives and bonuses (some clauses may make these subject to your employer’s discretion).
Lavelle Partners work with Talbot Pierce to provide a seamless service in respect of Human Resource Management. Talbot Pierce are a team of specialist HR professionals who work with us on a range of matters including advice on and delivery of conflict/dispute resolution solutions, best-practice HR strategies, policies and procedures.
For further information on terms & conditions of employment in Ireland, please contact Lavelle Partners in confidence on (01) 644 5800.
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