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EMPLOYMENT OBLIGATIONS OF SMALL BUSINESS

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Presentation on theme: "EMPLOYMENT OBLIGATIONS OF SMALL BUSINESS"— Presentation transcript:

1 EMPLOYMENT OBLIGATIONS OF SMALL BUSINESS
Speaker: Jim Curran Head of Research & Information Services, ISME The Independent Business Organisation

2 EMPLOYMENT LAW COMPLIANCE BILL 2008
Establishment of National Employment Rights Authority (NERA) Strengthening labour inspection powers REA Electrical Contract Industry Joint investigations with other agencies Increased penalties Notices/Publication Records The Independent Business Organisation

3 NATIONAL EMPLOYMENT RIGHTS AUTHORITY (NERA)
Information Inspection Enforcement Prosecution The Independent Business Organisation

4 WHAT TRIGGERS AN INSPECTION?
NERA INSPECTIONS WHAT TRIGGERS AN INSPECTION? Announced Unannounced Complaints Sectoral The Independent Business Organisation

5 POWERS OF INSPECTION To enter any premises at a reasonable time
To demand sight of records To inspect records To take copies of records To interview and require information from any relevant person Exchange data with other agencies Initiate legal proceedings if necessary The Independent Business Organisation

6 RECORDS TO BE AVAILABLE FOR INSPECTION.
Employer Registration Number Employee PPS Number Terms of Employment Pay details/payslips National Minimum Wage Job classification /commencement/termination Hours of Work Holidays/public holidays Under 18s Work Permits Any document to demonstrate compliance The Independent Business Organisation

7 Terms of Employment (Information) Act 1994-2001
New & Existing Employees Application of Act Contract of Employment Apprenticeship Employment Agency State The Independent Business Organisation

8 WHAT MUST BE INCLUDED Full names of the employer and employee
Place of Work and address of the employer Title of the job or nature of the work Date of commencement of employment If temporary/fixed contract-duration & expiry date. The rate and method of calculation of the employees remuneration Pay reference/frequency period The Independent Business Organisation

9 WHAT MUST BE INCLUDED (Contd)
Any terms relating to hours of work (including overtime & breaks) Any terms relating to leave (including holidays, sick leave etc.) Pension details if applicable Notice of termination Dismissal Procedure Any collective bargaining agreements. E.G. JLC. Records The Independent Business Organisation

10 ADDITIONAL TERMS Probationary period Lay-offs/short-time
Retirement Age Bullying/Harassment Policy Discipline/Grievance Procedure The Independent Business Organisation

11 SAMPLE CONTRACT OF EMPLOYMENT
Date __________ Name __________ Address _________ Address __________ Dear ____________ I am pleased to offer you an appointment to our staff. You are being offered a position in our ___________ department. This offer of employment is subject to the following terms: Commencement Date Your appointment will commence on the _______________ and will not continue beyond your 65th Birthday. Probationary Period You will be required to satisfactorily complete a six-month probationary period of employment. During the probationary period, employment may be terminated at the Company’s absolute discretion. In such case you will be entitled to 1 week’s notice, after the completion of 13 weeks service. Location The company premises are at ______, where you shall be presently employed, however you may be relocated in the future and you will be given notice prior to this occurring. Position/Title Your position will be _________________ Your manager will be_________________ Duties Your duties will include _____________ and any other duties you may be assigned. Salary Your salary will be €____________ per annum Hours of Work The company operates from _________ to _________. Work hours are from _______to ________. You will be paid on the last Friday of the month by direct debit. Break entitlements are _________ in the morning and ______ for lunch. Where, due to circumstances outside the control of the Company, there is insufficient work, the Company reserves the right to place staff on Lay Off or Short Time working. In such circumstances the Company will give as much notice as is practicable. Selection for Lay Off or Short Time working will be dependent on operational needs.

12 The Company does not operate a sick pay scheme Termination
Holiday Entitlements Your holiday entitlements will be_________ days per annum together with all statutory public holidays On termination of employment, holiday entitlement will be calculated to the nearest full month worked. If you have already taken holidays in excess of your entitlement this will be deducted from the final salary. Illness If you are unable to come to work due to illness you must inform your __________, or the ____________ department within 1 hour of your starting time on the first day, giving some indication of the reason for absence and the likely date of return. If your absence is going to exceed two days you should forward a doctor’s certificate to the company on the third day. Certificates should be furnished on a weekly basis thereafter. Sick Pay The Company does not operate a sick pay scheme Termination Notice of termination of employment by either you or the company will be _______(mth/wk) or such further period as may be required by the Minimum Notice and Terms of Employment Acts, 1973 & 2001. Pensions Employees who have at least 6 months service in the Company can set up or contribute to a PRSA through payroll deductions. The Company has appointed ___________ as PRSA provider. Dismissal Procedure Where the Company is considering the termination of employment the employee concerned will be advised of the reasons giving cause to consider this action and afforded the opportunity to respond to such reasons, before any decision is made. The employee will be advised prior to the meeting of the purpose of the meeting and, in the case of disciplinary action, be allowed to have a work colleague/ representation with them if they so wish. Law Irish Law shall govern this agreement and disputes arising under or about it should be subject to the exclusive jurisdiction of the Irish Courts. Terms of Employment (Information) Acts 1994 & 2001 The provisions of this letter and appendices shall constitute notice to you of your terms and conditions of employment as are required to be given to you pursuant to the terms of Employment (Information) Acts 1994 & 2001. Please acknowledge acceptance of this offer on the terms stated by signing and returning the enclosed copy of this letter. This offer of employment will remain open until ______pm on ____________date. Yours sincerely, ____________ __________________ Manager (on behalf of the Company) Employee

13 PAYMENT OF WAGES Payment of Wages Acts 1991 Wages- What’s Included?
Basic pay-overtime Fees/bonuses/commissions Holiday/sick/maternity (if any) pay Other payments connected to employment Wages- What’s not included? expenses incurred pensions compensation for loss of office redundancy payments Benefit in Kind The Independent Business Organisation

14 PAYMENT OF WAGES (Contd)
Method of Payment - cash/cheque etc. Pay slips gross wages Deductions Records The Independent Business Organisation

15 ORGANISATION OF WORKING TIME ACT 1997
Hours of work Rest Periods Holidays The Independent Business Organisation

16 HOURS OF WORK Weekly incl max. working week Daily - 13 Hours
Can be averaged Daily - 13 Hours Night Work 8 hours on average over 2 months Special category workers\ Part-time/on call workers Records The Independent Business Organisation

17 REST PERIODS General Rest Periods Rest Breaks Compensatory rest
Daily-11 consecutive hours Weekly- 24 hours preceded by 11 hours Rest Breaks 15 mins for 4.5 hours worked 30 mins for 6 hours worked Compensatory rest Records The Independent Business Organisation

18 HOLIDAYS Annual Leave Entitlement: -4 Working Weeks (1365 hours)
-1/3 Working Week (117 hours) -8% of total hours worked (max 4 weeks) Timing of Annual Leave Payment for Annual Leave Leave year Public Holidays Nine Statutory Public Holidays Different to Bank Holidays Entitlement/ Full-time v Part-time / Casual Records The Independent Business Organisation

19 BULLYING & HARASSMENT POLICY
The Employment Equality Acts 1998 & 2004 Deals with discrimination - includes, harassment & bullying Unfavourable treatment on the following grounds - Gender - Marital Status - Family Status - Sexual Orientation - Age - Disability - Race - Religion - Membership of the traveller community The Independent Business Organisation

20 - production, display or circulation of material Sexual Harassment
“any form of unwanted conduct related to any of the discriminatory grounds, being conduct which has the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person” Examples - words/gestures - production, display or circulation of material Sexual Harassment “ unwanted conduct of a sexual nature, or conduct based on sex, affecting the dignity of women and men at work” - acts of physical intimacy/requests for sexual favours - words or gestures -production, display or circulation of written words or gestures The Independent Business Organisation

21 Bullying & Harassment (Contd)
Definition: Workplace bullying is repeated inappropriate behaviour, direct or indirect, whether verbal, physical or otherwise conducted by one or more persons against another or others at a place of work and/or in the course of employment, which could reasonably be regarded as undermining the individual’s right to dignity at work. An isolated incident of the behaviour described in this definition may be an affront to dignity at work but, as a once off incident, is not considered bullying. Bullying is different to harassment Clarity on what is NOT bullying at work The Independent Business Organisation

22 Bullying Examples Exclusion with negative consequences
Verbal abuse/insults Physical abuse Being treated less favourably than colleagues Intrusion- pestering, spying or stalking Intimidation/Aggression Undermining behaviour Excessive monitoring at work Humiliation Withholding work-related information Repeatedly manipulating a person’s job content and targets Blame for things beyond person’s control

23 EFFECTS OF HARRASSMENT/BULLYING
Impact on Individual Psychological - depression, mood swings etc. Physiological - headaches, fatigue, sleeplessness etc. Behavioural - withdrawn personality - Forgetfulness etc.

24 Legal Considerations Employment Equality Constructive Dismissal
Common Law Vicarious Liability

25 SETTING UP A COMPANY POLICY
Policy statement in writing & circulated to all staff Should include: Definition Examples Outline effects Defined grievance Complaints procedure & investigation process Designated contact The Independent Business Organisation

26 DISCIPLINARY & GRIEVANCE PROCEDURES
Unfair Dismissal Acts Disciplinary Procedure incorporated into all contracts In writing. Clearly understood Procedural fairness Adequate records The Independent Business Organisation

27 Disciplinary & Grievance Procedure
Unfair Dismissals Acts - > 1 Year Service Except - Employee Pregnant - Maternity Protection Act 1994 - Adoptive Leave - Trade Union Membership Does not cover Employee - Fixed Term/Specific Purpose - Apprentice

28 Disciplinary & Grievance Procedures
Justify Dismissal on Following Grounds Capability, Competence or Qualifications Conduct Redundancy Unlawful Ground Other Substantial Grounds

29 CODE OF PRACTICE SUGGESTED DISCIPLINARY ACTION
An oral warning A written warning A final written warning Suspension without pay Transfer to another task or section of the enterprise Demotion Some other appropriate disciplinary action short of dismissal The Independent Business Organisation

30 Disciplinary Procedure
General Principles - Right to be advised in advance of a hearing - Right to know the full case against them - Right to respond - Right to representation - Investigation must be fair & impartial - Employee concerned & other relevant factors - Right to impartial appeal The Independent Business Organisation

31 GRIEVANCE PROCEDURE PROCEDURE
Grievance initially brought to foreman/supervisor No resolution then raised with immediate manager Still no resolution goes to company director/MD Company & employee representatives Rights Commissioner/LRC/Labour Court/EAT The Independent Business Organisation

32 HANDLING GRIEVANCES Arrange a meeting ASAP
Approach the issue from a neutral point of view Ascertain all facts Review & summarise all facts Agree a solution Follow up promptly Communicate response & explain clearly Minute all meetings. The Independent Business Organisation

33 RECORDS TO BE AVAILABLE FOR INSPECTION.
Employer Registration Number Employee PPS Number Terms of Employment Pay details/payslips National Minimum Wage Job classification /commencement/termination Hours of Work Holidays/public holidays Under 18s Work Permits Any document to demonstrate compliance The Independent Business Organisation

34 REDUNDANCY Redundancy Payment Acts 1967-2003 Eligibility
- 2 years service Benefits/calculations - 2 weeks plus one additional week - calculating service - social rebate Selection for Redundancy - ‘job no longer exist’

35 Redundancy (contd) Alternative position Lay-offs/short-time
- 4 weeks running - 6 weeks in 13 week period Minimum Notive - 2 weeks or contract Collective redundancies

36 QUESTIONS The Independent Business Organisation

37 Jim Curran ISME 17 Kildare Street Dublin 2 Tel:


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