2016 What's in Store?
2016 is set to be another busy year in employment law! Key changes we all need to be aware of include:
• Minimum Wage Increase
From this month the minimum wage has increased by 50 cent from €8.65 to €9.15. The increase is a result of a recommendation made by the Low Pay Commission, set up to advise the Government of minimum wage rates. For more information on the change please see here.
• Casual Contracts Review
One of the most frequently asked questions that come into the Bright Contracts support team is with regard to Casual Contracts and Zero Hour Contracts. Casual contracts offer employers, particularly small employers, flexibility to meet changing business needs at a low cost. They are crucial to the success, and often survival, of many Irish businesses. Therefore it is with great anticipation that we await changes in the law surrounding the use of both casual contracts and zero hour contracts. Consultation is due to close in January and it expected that the Minister will move quickly thereafter.
• Paternity Leave
Budget 2016 saw the announcement of paternity leave in Ireland. From 2016 Irish fathers/partners will now be entitled to 2 weeks paid paternity leave on the birth of a baby. It is expected that the new legislation will be effective from September 2016. The rate of pay for paternity leave has yet to be announced, however it is likely that it will be in line with Maternity Benefit, currently €230 per week. Further reading on paternity leave is available here.
As always, Bright Contracts will be keeping track of all changes and will be keeping customers up-to-date.
Bright Contracts - Employment Contracts and Handbooks
When Bad Weather Disrupts Employees' Commutes
Floods, snow, ice, wind – winter weather conditions can have a detrimental effect on your staffs’ ability to get to work on time, or to get to work at all in some cases. The question is how can you manage the situation?
Below are some Top Tips to help you get through the winter season.
Employees are not legally entitled to be paid if they are delayed or unable to get to work because of travel disruption. However, it is important to be aware of any custom and practice in the organisation or contractual clause, which may override this position.
Employers should also consider the impact of deducting pay on employee morale, particularly if the employee has made every effort to get to work but the weather conditions make it impossible to get to the workplace, or the workplace is closed through no fault of the employees.
The general advice to employers is to be as flexible as possible. The handling of bad weather and travel disruption can be a real opportunity for an employer to boost staff morale and show yourself as an all round fair employer. Possible considerations might include:
- Can you be flexible with regard to working hours or working patterns?
- Is it possible for employees to work from home or even at a different location?
- Would it be possible for the employee to work back the time missed at a later date?
- Rather than deducting pay for time missed you could offer that the employee take annual leave for the time. Whilst offering this as a solution is recommended, enforcing it without the agreement of the employee would not be best practice.
A company policy on absence due to inclement weather should address the situation where employees are unable to attend work, due to weather-related circumstances. Having such a policy should also mean there is much less scope for confusion and disagreement. An Inclement Weather policy is contained within the Optional Sections of the Bright Contracts Handbook.
Whatever option you do go with, make sure it is clearly communicated and consistently applied to all staff. It will make managing the situation a lot easier when it does arise.
Bright Contracts - Employment Contracts and Handbooks
2015 Employment Round Up
2015 has been one of the busiest years in employment history. We have summarised the main changes below:
Workplace Relations Commission (WRC)
The WRC has replaced NERA, the Labour Relations Commission, the Equality Tribunal and the first instance functions of the Labour Court and the Employment Appeals, changing the entire employment landscape in Ireland. Key consequences of the WRC include:
- It is now easier for employees to bring claims against employers and for employers to respond to them
- Claims will be dealt with much more quickly
- Mediation and early dispute resolution are encouraged
- In order to promote higher levels of compliance with employment law, employers can now be penalised with “on the spot” fines from a WRC Inspector
Accrual of Sick Leave Whilst on Sick Leave
From 1 August 2015 employees will now accrue annual leave whilst on long term sick leave. See here for further information.
National Minimum Wage
A Low Pay Commission has been set up to advise the Government annually on appropriate minimum wage levels. In its first report it recommended a 50 cent increase in minimum wage from €8.65 per hour to €9.15 per hour. This increase will come into effect in January 2016.
Industrial Relations (Amendment) Act 2015
The main changes as a result of the Act are:
- Greater clarity around Labour Court investigations of trade disputes
- The reintroduction of Registered Employment Agreements (REAs)
- The introduction of Sectoral Employment Orders (SEOs)
2016 looks set to be an equally eventful year with the introduction of Paternity Leave and the review of Zero Hour Contracts. As always employment law is ever changing!
Bright Contracts - Employment Contracts and Handbooks
Work Christmas Party - Don't Get Left with an Employment Law Hangover
It’s the Christmas Party season, the time when employers treat their employees to slap-up dinners and drinks, to thank them for their hard-work throughout the year. However, employers need to be aware that they are liable for the conduct of employees at a Christmas party, even if the party takes place away from the place of work. Employers can avoid being left with an employment law hangover by taking some simple precautions.
Below are some helpful tips to help employers relax and enjoy the Christmas Season
- Plan well: ensure everyone is included, even those on maternity leave. If using an external venue be sure it is accessible to all.
- Remind your employees of the rules: don’t be a party pooper, but beforehand remind staff of acceptable and unacceptable behaviour and remind them of any appropriate company policies e.g. bullying and harassment policies.
- Food and Drink: avoid offering a free bar, possible offer limited drink vouchers and if providing alcohol be sure to supply food.
- Make sure staff get home safe: employees are your responsibility, consider providing taxis, or provide list of local taxi firms, be sure nobody drinks and drives.
- Leave work at work: avoid discussing work issues, managers should avoid discussions about performance, promotion, salary or career prospects
So long as you follow the tips provided there’s no reason your Christmas party shouldn’t be an enjoyable night for you and your employees.
Bright Contracts - Employment Contracts and Handbooks
A No Show is a Big No
The Workplace Relations Commission have released statistics revealing that a huge of 35% of employment tribunal cases are “no-shows”.
Employers failure to attend Employment Appeals Tribunal hearings is becoming a somewhat common occurrence and is extremely risky. This coupled with a tribunal’s annoyance that the employer didn’t show up will no doubt end up in the employee winning an award that the employer will be legally obliged to pay.
In a recent case where an employer failed to attend a hearing the employee was awarded €55,000 based on uncontested evidence.
If you are facing a tribunal case, the advice is to attend!
Bright Contracts - Employment Contracts and Handbooks
