Rights and entitlements of the sna

The main duties of the employee are to: be available for work and provide a good service obey orders from superiors/employers exercise their work duties with diligence and an acceptable level of efficiency maintain confidentiality regarding company information be willing to compensate the employer for any damage caused or wrongful act committed

The main duties of the employer are to: Recognise equality issues and equal opportunities related to the workplace e.g. gender, age, sexual orientation, ethnicity, race, marital status etc. insure employees appropriately in the workplace Adhere to the safety, health and welfare legislation

Respect employees at an appropriate wage level as agreed by the social partners in National Wage Agreements. The social partners include, the Government, ICTU, The Irish Business and Employers Confederation (IBEC) THE Irish Tourist Industry Confederation (ITIC), the Small Firms Association and others Inform workers of their rights regarding their terms of employment by providing employees with a written statement of these terms Provide workers with appropriate minimum notice before the termination of a contract of employment

A wide body of labour law currently exists covering many aspects of employment.   The following areas are specifically referenced in these laws: Part-Time Workers The Protection of Employees (Part-Time Work) Act, 2001 – which came into force in December 2001 – guarantees that part-time workers may not be treated less favourably than those working full-time. For example, employees are no longer required to work for at least 8 hours per week in order to come within the scope of labour law.

Contract of Employment The Industrial Relations Act, 1990 provides that anyone who works for an employer for a regular wage automatically has a contract of employment, whether written or not. Contracts of employment can be ‘expressed or implied, oral or in writing’. However, employers are required to provide their employees with written statements in respect of terms of employment, dismissal procedures, and itemising pay and deductions.

Terms of Employment The Terms of Employment (Information) Acts, 1994 and 2001, specify the details that must be included in the written statement. All employees with at least one month’s continuous service are entitled to such a statement. The National Minimum Wage Act, 2000 also applies. Wages The National Minimum Wage Act, 2000 specifies the current minimum wage and the categories of workers to whom it applies. The Payment of Wages Act, 1991 lays down the obligations on employers in respect of written information to accompany payment of wages and allowable deductions.

Working Week, Rest Periods & Holiday Entitlements The Organisation of Working Time Act, 1997 sets out employee's statutory rights for rest, maximum working time and holidays. This Act also provides for nine public holidays. Minimum Notice Employees who have been in continuous service with the same employer for 13 weeks are entitled to a minimum period of notice before they can be dismissed. Minimum notice requirements are covered by the Minimum Notice and Terms of Employment Act, 1973 as amended by the Worker Protection (Regular Part-Time Employees) Act, 1991.

Redundancy Redundancy applies when a job ceases to exist and the employee is not replaced, for reasons such as the financial position of the employing organisation, insufficient work to retain the employee, the employing organisation ceases to exist or employing organisation undergoes re-organisation. The Redundancy Payments Acts, 1967 - 2003 set down the provisions governing employee entitlements and employers’ responsibilities in relation to redundancy payments.

Unfair Dismissal Unfair dismissal is covered by the Unfair Dismissals Acts, 1977 to 2005. These Acts set down the circumstances in which unfair dismissal can be claimed and the categories of employees covered. They also provide for a Rights Commissioner to adjudicate on circumstances.

Safety, Health & Welfare at Work The Safety, Health and Welfare at Work Act, 2005, extended the law in this area to cover all places of work and all employers, employees and self-employed. The Act also established the National Authority of Occupational Safety and Health, commonly known as the Health and Safety Authority (HSA). The Authority's primary functions are to ensure an effective system of enforcement of the legislation and to provide information and advice relating to the prevention of accidents and ill-health at work.

Rights for Parents and Carers Since the mid 1990s, a number of Acts have set down requirements and provisions relating to the employment rights of parents and carers. These relate to: Maternity Protection Parental Leave Adoptive Leave Carers’ Leave.

Maternity Protection The Maternity Protection Act, 1994, covers anyone with a contract of employment. The Act specifies rights and responsibilities of employers and employees in relation to maternity leave, additional maternity leave (commonly known as unpaid leave), time off for ante-natal and post-natal medical care, and health and safety for women who are pregnant, have recently given birth, or are breastfeeding

Parental leave The Parental Leave Act, 1998, makes provisions for two sets of circumstances. Firstly, it provides for, and specifies the conditions of, unpaid leave for both parents to take care of young children. Secondly, the Act provides for limited paid leave – force majeure leave – to allow employees deal with family emergencies resulting from illness or injury of a family member.

Adoptive Leave The Adoptive Leave Act, 1995 provides for leave entitlements for adoptive mothers, and in certain cases, fathers. Any female employee in whose care a child is being placed for an adoption is entitled to leave, as is a sole male adopter. Carers’ Leave The Carers’ Leave Act, 2001 – which came into operation in July 2001 – sets out leave entitlements for employees to provide care for people medically certified as being in need of full-time care and attention. The Act allows employees take unpaid leave for a maximum of 15 months.   Since 1 July 2007, the national minimum wage for experienced adult employees in Ireland is €8.65 per hour (at time of writing: July 2008)