Employment
Statute, common law and the Irish Constitution all have a bearing on the employment relationship in
Ireland. Most statute law is driven by our membership of the European Union (EU) and although there are
differences between how many Member States of the EU have interpreted and implemented various
pieces of employment law, what sets Ireland apart from most of our European counterparts is the
distinct absence of works councils and, in particular, the lack of almost any obligation to inform and
consult with employees.
The Right to Work in Ireland
Non-EEA nationals (other than Swiss) require permission to work and reside in Ireland. Permission for
more senior employees with salaries in excess of €60,000 is relatively easy to get. In addition, the
Department of Enterprise, Jobs and Innovation operates an intra company transfer scheme
whereby senior management and key personnel earning in excess of €40,000 who have been
working for the foreign entity for over a year can be transferred to work in the Irish operation for up to
five years.
The Regulation of the Employment Relationship
Contract of Employment
The employment relationship in Ireland is governed by the express and implied terms of the
employment contract. An employer is required to give certain information to employees in writing
but this information is generally incorporated into an employee's written contract of employment in
any event. The contract of employment can also contain provisions in relation to intellectual property,
confidential information and post termination non-competition and non-solicitation restrictions.
Irish statute and common law also imply provisions into the employment contract for example, in
relation to holiday entitlement (a minimum of 20 days leave for most employees plus 9 public holidays),
maternity, adoptive and parental leave (during which periods an employer has no current obligation
to pay employees) minimum notice (on a graduating scale dependent on service up to a maximum of
8 weeks), the mutual obligation of trust and confidence, the mutual duty of fidelity and good faith etc.
Non-Discrimination
Employees in Ireland have statutory protection from discrimination on nine distinct grounds -
gender, age, race/nationality, religion, marital status, family status, disability, sexual orientation and
membership of the ethnic Traveller community. The principle of non-discrimination applies in relation
to access to employment, terms and conditions of employment, training and promotion. Ireland
has a statutory equality tribunal which hears discrimination related cases for which most awards are
capped at two years' remuneration.
Termination
Under common law, the employment relationship can be terminated for good reason or no reason so
long as an employee is given notice in accordance with his/her contract of employment. If however
the termination is on grounds of conduct, an employee has a right to fair procedures and natural
justice which essentially means that he/she has the right to have his/her conduct investigated and he/
she must be given the right to respond before a decision to dismiss is made.
Under statute law and subject to a few exceptions, employees with over one year's service are
protected from dismissal. In order to effect a dismissal fairly and avoid liability under the unfair
dismissals legislation, an employer must follow a process before dismissing an employee. This
process differs dependent on whether the reason for dismissal is conduct or competence related or
whether it is on grounds of redundancy. Compensation for unfair dismissal can be up to two years'
remuneration but capped at the employee's financial loss.
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