It’s great to be able to employ staff in these difficult times and, by and large, most employers want to do right by their employees. However, to do so correctly, it is important, as an employer, that you know your obligations towards your staff. If a dispute arises and an employee is taking a case against you and you, as employer, have failed to fulfil your obligations under Irish employment law, you will find yourself at a huge disadvantage from a financial, legal and negotiation perspective.
So get it right, right now!
It is the responsibility of the employer to be aware of his obligations under Irish
employment law and to ensure these obligations are fulfilled. NERA (National Employment Rights Authority) is a statutory body appointed to ensure employer compliance with employment legislation in Ireland. It carries out regular audits of places of employment to inspect whether an employer has the appropriate procedures in place to comply with the legislation.
Employer’s Checklist for NERA Inspections
- Do you have your employer’s registration number with the Revenue Commissioners?
- Have you a list of all your employees together with their PPS numbers and addresses?
- Have you the dates of commencement of employment for all employees? (and dates of termination if applicable?) If you have taken over a business with existing employees, then the date each employee commenced with each previous employer must be recorded.
- Have you given all your employees a formal contract of employment or a written statement of terms and conditions of employment? Certain basis terms and conditions of employment must be stated, for example:-type of contract (e.g. fixed term, permanent) terms of pay, pay intervals, hours of work, duties, annual leave, sick pay/pension (if any), period of notice. Although this is the minimum requirement it is good practice to have a comprehensive employment contract in place with grievance and disciplinary procedures to protect your interests and to minimise the risk of conflict with your employee in the future.
- Have you a record of the annual leave and public holidays taken by each employee?
- Have you a record of hours worked by all employees?
- Have you a record of all payroll details?
- Can you prove that you provide your employees with a written statement of pay/pay slip – a statutory requirement?
- Have you a record or register of all employees under the age of 18?
- Have you employment permits where applicable?