by Maura Costello – employment law consultant & ISCF Member
As employers, members need to be mindful of the fact that they are responsible for ensuring all their employees receive certain basic employment rights. If you employ people or are setting up a business that will employ people you need to be familiar with your responsibilities as an employer.
The Citizens Advice website (www.citizensinformation.ie) is a very useful resource for information relating to the relationship between you and your employees. Members need to be mindful that full time and part time employees are protected by legislation. Likewise employers need to be mindful of their obligations under Health and Safety legislation.
There are many types of relationships between employers and employees; full time, part time, fixed term, independent contractors. Each category has significant implications for both employer and employee in matters such as employment protection legislation, taxation and social welfare. Members should familiarise themselves with their obligations to their employees and vice versa. Very often employers only seek information or guidance when a problem arises. Given the vast array of legislation in this area members need to cognisant of the fact that “ignorance” of the law is no defense and can quite often leads to costly claims.
Some of the basics to be considered are;
- the obligations to provide a written contract of employment .
- the need to consider basic rates of pay
- the provision of “ pay slips”
- maximum working hours and “ rest periods” during working hours
- provision of holidays, public holidays, various forms of leave such as parental leave, carers leave, maternity leave
- the deduction of the correct amount of tax, PRSI, and Universal Social Charge from your employees’ wages and remitting these to Revenue using the PAYE system
- the keeping of certain records
- the duty to ensure employees health and safety at work as far as is reasonably practicable
- the provision of an employee’s handbook
- disciplinary and grievance procedures
- employers liability insurance.
The list is not intended to be exhaustive rather a “steer“ in the right direction.