Your rights at work: Republic of Ireland
This page gives a brief introduction to your rights at work.
Please note that this information is provided as a guide only and
does not set out to be a legal interpretation of your entitlements.
You should seek the advice from your local Unite office if you need
further information on these areas.
What are my basic statutory employment rights?
Workers are entitled to receive certain minimum employment rights.
However, the minimum is not always the maximum and Unite frequently
ensures that workers are entitled to more. Unfortunately, the
Republic of Ireland still does not have a mechanism to recognise
workers’ rights to bargain collectively with their employers. This
key issue is something Unite will continue to demand for on behalf
of our members. The list below is the minimum you should receive
and is not exhaustive:
- A written statement of terms and conditions of
employment: Whilst the full contract does not have to be
in writing, certain things must be stated in writing within two
months of starting employment. These would typically include the
method of calculating pay and whether or not there is a sick pay
scheme in operation. (For fixed term employees it would also
include in what circumstances your employment will come to an
end).
- A written statement of pay or ‘payslip’: Your
payslip should set out gross pay and list all deductions made from
it.
- A minimum wage: Most experienced adult workers
in Ireland are entitled to be paid €8.65 per hour. There are,
however, some exceptions to the minimum wage, including those
employed by close relatives, those aged under 18 and trainees or
apprentices. The minimum is not the maximum. In certain industries,
unions have established higher minimum wages which are legally
binding.
- A maximum working week average of 48 hours a
week: The maximum 48 hour week is based on an average
calculated over a four, six, or twelve-month period depending on
the industry. Your employer must keep a record of how many hours
you work.
- Unpaid breaks during working hours: You have
the right to a 15-minute break if working four and a half hours of
work and a 30-minute break if working six hours of work.
- Annual leave from work and public holidays:
Full-time workers have the right to four working weeks paid annual
leave per year. Part-time workers have the right to a proportional
amount of annual leave based on the amount of time they work. All
workers have the right to time off or pay for working bank
holidays.
- A minimum amount of notice before dismissal:
You are entitled to a minimum amount of notice if your employment
ceases. The minimum amount of notice depends on the length of
service.
Agency workers
The EU directive covering agency workers finally came into
effect on Monday, 5th December 2011. This means that with effect
from 5th December 2011, all temporary agency workers (c.35,000
workers or approximately 2% of the active workforce) assigned to a
hirer from day one of employment are entitled to equal treatment in
terms of basic working and employment conditions as if they had
been directly recruited by the hirer in the same job. The
Government’s Bill will be published before Christmas 2011.
Information can be found on the Department's website in its press
release dated 1st December 2011 http://www.djei.ie/press/2011/20111201.htm
Please note that this information is provided as a guide
only and does not set out to be a legal interpretation of your
entitlements. You should seek the advice from your local Unite
office if you need further information on these areas.
