EMPLOYMENT

EMPLOYMENT RIGHTS

A part-time employee should not be treated less favourably than a camparable full-time employee. Your employer must provide you with a written statement of terms and conditions relating to you employment within two months of commencing employment. whether your employer provides you with a reference is a matter of discretion.

Since 1 January 2016, under SI 442/2015, the national minimum wage for an experienced adult employee is €9.15 per hour. An experienced adult employee for the purposes of the National Minimum Wage Act is an employee who has an employment of any kind in any 2 years over the age of 18.

However, the national minimum wage (NMW) does not stop an employer from offering a higher wage.

 

You are entitled to receive a pay slip with every payment of wages. This pay slip should show: gross wage, the nature and amount of each deduction. An employer may deduct the following from an employee’s wage: any deduction required or authorized by law (e.g. PAYE or PRSI), any deduction authorised by the terms of an employee’s contract (e.g. pension contributions, or particular till shortages), or any deduction agreed to in writing in advance by the employee.

As a part-time or casual employee, you earn holidays at the rate of 8% of hours worked, up to a maximum of four working weeks in a year. If not already included in the rate of pay, employees are generally entitled to paid time off in lieu or a premium payment for sunday working. To earn Public Holiday Pay you must have worked a total of 40 hours over a five-week period ending immediately before the public holiday to qualify.

Employees are entitled to a 15-minute break after 4.5 hours have been worked, and a 30 minute break when a total of 6 hours have been worked. Payment for breaks is not a statutory entitlement. Sixteen and seventeen year olds must receive a 30 minutes break if working more than 4.5 hours. They must receive 2 days off in every 7, which shall, as far as is practicable, be consecutive. They may not work more than 8 hours a day and may not work before 06:00 or after 22:00.

If you have been in continuous employment for at least 13 weeks, you will be obliged to provide your employer with one week’s notice of termination of employment. However, if you have agreed in a contract to give a greater amount of notice, you will go by the amount specified in the contract. the length of notice to which an employee is entitled varies according to length of service. if it is between thirteen weeks and two years, notice of one week must be given.

An unfair dismissal includes one which results from one or more of the following:

  • an employee’s trade union membership or activities, either outside working hours or at those times during working hours when permitted by the employer.
  • religious or political opinions
  • race,colour or sexual orientation
  • the age of an employee
  • an employee’s membership of the travelling community
  • legal proceedings against an employer where an employee is a part or a witness
  • unfair selection for redundancy.
  • an employee’s pregnancy, attendance at ante-natal classes, giving birth or breastfeeding or any matter connected therewith.

Complaints regarding breaches of your rights can be made in confidence to the Employment Rights Section, Department of Enterprise, Trade and Employment, Davitt House, Adelaide Rd., Dublin 2. The Department’s inspectors, who have powers to enter places of work and examine records, do not reveal without consent of the preson making the complaint, whether the insepction is a routine one or is a result of a complaint. Complaints may also be referred to a Rights Commissioner. Rights Commissioner application forms are available online at www.lrc.ie and www.employmentrights.ie

Flac the Free Legal Advice Centre offers free legal information clinics on a weekly basis for students who have legal queries of any kind. For more info click here

Non-Euopean Union and non-European Econoic Area nationals who have permission to stay in the state as student are entitled to take up “casual employment” without a permit. This means up to 20 hours part-time work per week, or full-time work during vacaion periods, for the duration of your permitted stay in Ireland. Working more than this breaches your student visa conditions. The entitlement to take up employment ceases upon the expiry of your permission to remain as a student. Your being in casual employment will not, in itself, entitle you to further permission to remain.

You are sitll required to prove that you have sufficient funds when applying for a visa (if a visa is required) or when seeking leave to land upon arrival in the State, as well as when you obtain permission to remain. The expectation of any earnings from casual employment will not be taken into acount in determining whether you have sufficient funds to support yourself.

Non-EEA students who graduate from 2007 onwards with a primary, master’s or doctorate degree may be permitted to remain in Ireland for 6 months. The Third Level Graduate Scheme allows you to find employment and apply for a work permit or Green Card permit. To do this, you must be legally resident in Ireland and should apply for this 6-month extension of your student permission (stamp 2) to the local immigration registration office.