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28
Mar 22

Posted by
Saoirse Moloney

What You Need to Know About Staff Handbooks

The most essential document governing the employment relationship is the contract of employment. If you don’t want your employment contract to be too long and untidy you should be referring to your staff handbook when talking about grievances, discipline, dignity at work, anti-bullying, and other workplace policies.

Staff handbooks should be easy to read, and a copy should be easily available to all employees. New employees must read the handbook and indicate that they have done so by giving their signature. It is important to review and amend the policies regularly to ensure any changes in the law or best practices are reflected.

Most important policies and procedures in the workplace

In Ireland, the most important policies, and procedures to have in place are those covering

  1. Grievances
  2. Discipline
  3. Dignity at work (anti-harassment, anti-bullying, and equal opportunity)
  4. Health and Safety

Other topics that should be considered are, sick leave, holiday leave & pay, hours of work, internet and email usage, dress code, expenses procedure retirement and pension benefits etc.

Bright Contracts

With Bright Contracts, we provide ready-made handbooks that fully conforms to the latest employment law guidelines. The software allows you to add additional sections to handbooks, edit, delete or reorganise the built-in- content and you can easily add your own. You can preview your handbook at any time while you build it and print or export it when it is ready. It’s great as you need no employment law knowledge, we do all the hard work.

 

Related Articles: 

Introducing Contracts & Handbooks to Existing Staff

 

 

Posted in Company Handbook, Employee Handbook, Employment Law, Health & Safety, Staff Handbook

16
Mar 22

Posted by
Saoirse Moloney

Unfair Dismissal Claims & How to avoid them

An unfair dismissal can occur when your employer terminates your contract of employment with or without notice or the employee terminates their contract of employment with or without notice due to the conduct of your employer.

A dismissal is automatically considered to be unfair if you are dismissed for any of the following reasons:

  • Membership or proposed membership of a trade union or engaging in trade union activities
  • Religious or political opinions
  • Legal proceedings against an employer where you are a party or a witness
  • Race, colour, sexual orientation, age, or member of the Traveller community
  • Pregnancy, giving birth or breastfeeding or any matters connected with pregnancy or birth
  • Availing of rights under legislation to maternity leave, adoptive leave, parental leave, carer’s leave, parental leave, or force majeure leave
  • Unfair selection for redundancy

 

Steps to avoid Unfair Dismissal

Have clear policies

It is important to ensure that all new and current employees have access to the companies’ policies regarding harassment, dress code and attendance policies. The policies must be easy to read for the employee and available to them at any stage during their employment. These policies are not only to keep employees informed but they are used as important reference points to use as the employer during the disciplinary process. Failing to follow these policies can result in an unfair dismissal claim.

HR & Equality training

Employers need to make sure that the dismissal is thoroughly thought through beforehand and is not an impulsive retaliation to an employee’s actions. By providing training for all staff members involved in the dismissal process you will know that the process is being conducted legally.

Keep track of employee conduct

Terminating an employee can sometimes devolve into a he-said she-sad argument with no clear winner. Without proper documentation, it can be difficult to terminate an employee without fearing an unfair dismissal claim. When you begin to see that an employee might not be suitable for your company, start keeping track of their misconduct. Use a word document or journal to keep track of any problems the employee encounters. For example, take note of any time they showed up late or were not dressed appropriately.

Implement a performance management plan

When you first discuss with the employee about potentially dismissing them, you will need to set up a performance management plan to give your employee a chance to improve. If you still need to terminate this employee, the document plan shows that you tried to help your employee. Employers can do this by setting up parameters and goals for their improvement.

 

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Posted in Contract of employment, Dismissals, Employee Contracts, Employee Handbook

3
Mar 22

Posted by
Saoirse Moloney

Redundancy Payment Amendment

The Redundancy Payments (Amendment) Bill 2022 was published on the 21st of January 2022. The legislation will amend the Redundancy Payments Act 1967 to provide payments from the Departments of Social Protection to employees who were laid off during the pandemic. (13th March 2020 – 30 September 2021) Currently, periods of lay-off in the final three years of services do not count as a reckonable service. They are excluded from the amount of the statutory redundancy payment.

The Bill seeks to give employees who have lost out on their reckonable service while they were laid off during the pandemic a special payment of up to a maximum of €1,860 tax-free. This aims to close the gap in employees’ redundancy entitlements and ensure that the employee being made redundant will receive the same total redundancy payment as if they had not been laid off due to Covid-19.

To qualify for this entitlement, an employee must qualify as normal for a statutory redundancy payment. Employers may apply for the payment on behalf of the employee to the Department of Social Welfare. If the employer refuses to do the application for the employee all necessary information and documentation must be available to the employee. The amount of payment will be determined by the difference between the lump sum to which the employee would have been entitled to on redundancy if they had not been laid off due to Covid-19 and the amount to which the employee is entitled to be made redundant. Employers need to ensure that all their records in relation to any layoffs during the period (13th March 2020 – 30 September 2021) are up to date.

Related Articles

Let's Talk Redundancy

 

 

Posted in Employee Contracts, Employee Handbook

28
Feb 22

Posted by
Saoirse Moloney

Let's Talk Redundancy

Redundancy occurs when an employee loses their job due to circumstances such as the closure of the business or a reduction in the number of staff. There are many reasons why an employee could be made redundant, such as the financial position of the company, lack of work, reorganisation with another organisation, or the company closing completely. Being made redundant can be an extremely tough situation for the employee, it is important as an employer to understand how the employee may feel at this time and make them aware of the support that is available to them.

Who is eligible for redundancy?

An employee is entitled to a redundancy payment after they have two years’ service. To be eligible for a redundancy payment:

  • The employee must be over the age of 16,
  • Be in employment that is insurable under the Social Welfare Acts,
  • Have worked continuously for their employer for at least 104 weeks over the age of 16
  • Your role has been made redundant

Part-time workers cannot be treated any different to the full-time workers but still must meet the requirement of the two years’ continuous service.

Redundancy Procedures

Employers must follow certain procedures when making an employee redundant. They must be fair and reasonable upon the selection of choosing people to be made redundant.

Some examples of fair selection include:

  • Last in, first out - The newest staff is the first to go
  • Voluntary redundancy
  • Point system - Employees doing the same job are ranked by objective criteria such as attendance record, the standard of work done, skills and qualifications.

If employees feel they have been unfairly selected for redundancy you can bring a claim of unfair dismissal.

Notice of redundancy

The notice period (time given to employees before they are made redundant) goes up depending on how long the employee has worked for the employer.

  • Between 2-5 years – 2 weeks’ notice
  • Between 5-10 years – 4 weeks’ notice
  • Between 10-15 years – 6 weeks’ notice
  • Over 15 years – 8 weeks’ notice

 Offering alternative work

Before the role can be made redundant, the employer may offer the employee another job in the business. This is known as alternative work. This alternative work should be given to the employee in writing and provide full information about the offer.

If the employee accepts the alternative role, they may take it up on a trial basis for up to four weeks. However, the employee will not be entitled to claim redundancy if:

  • They accept a new contract with immediate effect, and the terms of employment are the same as their previous contract
  • They accept an offer in writing for a new and different contract which will start within four weeks of their previous contract ending.

If the employee refuses a reasonable offer of alternative work from the employer, they may lose their entitlement to a redundancy payment.

If the employee loses status, have worse terms and conditions of employment or must travel an unreasonable distance to work this will not be considered as a reasonable alternative.

 

 

 

Posted in Contract of employment, Employee Contracts, Employee Handbook, Employment Contract

21
Feb 22

Posted by
Saoirse Moloney

10 Tips for Employee Retention

For employers, the pandemic was a test like no other. It may have been the biggest challenge faced in the world of HR. Unexpected changes to the lifestyle of the workplace meant that employees found themselves working in the comfort of their homes.

Facing challenges tends to make teams stronger. Employees learned new skills, employers invested to make remote work successful and found ways to work together no matter the circumstance. How you handle these challenges reflects the company culture and future growth of the company and having employees want to stick around.

If you are struggling to retain employees here are some tips on how to retain employees.

1. Positive onboarding experience.

Just because you have employed a new employee does not mean the hiring process is over as soon as they start. Month two is the exact same as day one. Ensuring that your employees have a positive and engaging starting experience is important to making sure your recruiting process is going well.

2. Highlight the benefits

Nowadays perks and benefits are the icings on the cake when you are attracting applicants. Whether you offer a competitive salary, hybrid working models or wellness programmes make sure to outline benefits that are suitable for everyone. Having the right benefits in the workplace can improve employee engagement.

3. Promote Flexible/ Hybrid working

Realistically the traditional office 9-to-5, five days a week is becoming a bit old fashioned and not appropriate for most people’s lifestyles. By incorporating flexible working schedules and telecommuting you may find that employees appear more productive and satisfied. It is important to detail flexible/hybrid working arrangements in the employee contracts, so no conflict arises. Bright Contracts now has a hybrid working policy in the handbook section of the software as well as a hybrid tick the box section in the contract section. A sample document detailing the hybrid arrangements is available on the Bright Contracts Ireland website.

4. Recognition

Every employee likes to be appreciated and thanked for all their hard work. Giving employees recognition for a job well done is an important part of ensuring that there is continued employee engagement. Ways of recognising employees could be appreciation at company meetings, giving out regular promotions or employee appreciation events.

5. Highlight Development

Ensure you allow your employees to further enhance their skills to become even better employees. By you supporting employee development will lead to the best employees sticking around.

6. Reward Employees

As well as offering salary incentives why not add other reward programmes to help retain employees. Rewards like offering gift cards, bonuses and additional annual leave will not only attract employees to the company but help retain employees.

7. Provide up to date equipment and software

A huge complaint at many companies is how outdated the equipment and software is within an organisation. Not only does this make employees inefficient but it also indicates that your company does not have any interest in staying up to date with the latest tools and technology.

8. Communication

There is nothing more frustrating than a company with bad communication with its employees. Make sure your company is creating channels for honest and specific feedback to and from employees. Try to focus on direct communication, one-on-one conversations when it is possible. Furthermore, provide employees with digital spaces to allow workers to come together and solve issues without having to go through management.

9. Familiarity with Senior Management

Making sure senior management know that an employee exists will help make employees feel acknowledged and results in employees being loyal and committed to the job. One of the most common complaints voiced during an exit interview is that employees do not feel acknowledged by senior management. The employee should be introduced to senior management on their first day and employees should have the chance to partake in company discussions and have their ideas listened to.

10. Allow the employee to use their talents and skills

A motivated employee wants to contribute work to areas outside of their job description. You should allow your employees to use experiences from the past to their current role to result in an overall positive employee engagement. For example, if an employee has a skill in video editing and they work in the marketing department, allowing them help or have input in the production of a company video, will overall have a positive impact on their role in the company.

 

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Out of Hours Communication: The Right to Disconnect

 

Posted in Company Handbook, Contract of employment, Employee Contracts, Employee Handbook

10
Feb 22

Posted by
Saoirse Moloney

What you Need to Know About the Gender Pay Gap Information Act 2021

The Gender Pay Gap Information Act was signed into law on the 13th of July 2021. It will amend the Employment Equality Act 1998. This legislation introduced gender pay gap reporting to Ireland. The technical elements to this Bill have not been published yet but, The Act promotes the making of regulations through which reporting requirements will be specified. It is unclear what the specific reporting responsibilities for employers will be.

What is it?

The Gender Pay Gap is the difference in the average gross hourly pay of women compared with men in an organisation. It should not be confused with the concept of equal pay for equal work. The existence of the gender pay gap does not indicate discrimination by employers or that women are not receiving equal pay for equal work. Employers are required to pay employees on the same terms when they do “like work” which is defined as work that is the same, similar, or work of equal value.

What does the employer have to do?

The Act will require organisations to report on the gender pay differences between male and female employees. For the initial first two years of The Act, it will only apply to employers with 250 or more employees.

What information needs to be reported?

  • Mean and median hourly remuneration for full time and part time employees
  • Mean and median bonus remuneration
  • Percentage of all employees who have received a bonus or benefits in kind.

The act also indicates further regulations that may be proposed to provide further clarity on:

  • The class of employer, employee and pay to which the regulations apply
  • How the remuneration of employees is to be calculated
  • The form, manner and frequency in which information is to be published

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The WHO?WHAT?WHERE? and WHY? Of The WRC

 

Posted in Contract of employment, Employee Contracts, Employee Handbook, Pay/Wage, Wages

28
Jan 22

Posted by
Saoirse Moloney

Public Holidays: What Employers Need to Know

What is a public holiday?

A public holiday is nationally recognised day when most businesses and other institutions are closed. They usually occur on a special day or event. For example, St Patricks Day and Christmas Day.
In 2022 we were introduced to a new once off public holiday that will take place on Friday, 18th of March. From 2023 there will be a new annual public holiday in February to celebrate St Brigid’s Day, it will happen on the first Monday in February.

When are the public holidays?

• New Year’s Day
• First Monday in February, or 1st of February if the date falls on a Friday (2023 onwards)
• Saint Patrick’s Day
• Once off public holiday (18th March 2022 only)
• Easter Monday
• First Monday in May
• First Monday in June
• First Monday in August
• Last Monday in October
• Christmas Day
• St Stephens Day

What are employees entitled to?

Most employees are entitled to a day paid leave on public holidays. There is an exception for certain part-time employees.


If you qualify for public holiday benefit, you are entitled to:
• A paid day off on the public holiday
• An additional day of annual leave
• An additional day’s pay
• A paid day off within a month of the public holiday

Part time employees are entitled to a day’s pay for the public holiday if they meet the following requirements:
• You have worked for your employer at least 40 hours in the 5 weeks before the public holiday
• The public holiday falls on the day you normally work

If you are required to work on the day the public holiday falls you are entitled to an additional day’s pay. If you do not work on the day, you should get one fifth of your weekly pay.

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Posted in Company Handbook, Contract of employment, Employee Handbook, Pay/Wage, Staff Handbook, Wages

1
Sep 21

Posted by
Jennifer Patton

Introducing Contracts & Handbooks to Existing Staff

Introducing a contract of employment or a handbook for the first time to current employees, can be a difficult, tricky matter. Employees may view the new documentation as an intrusion, representing a new set of rules and regulations that threaten to make their lives uncomfortable. However, this does not have to be the case, you can introduce new documentation without alienating your work force. The answer lies in good communication and clear and concise documentation.

Here’s our step-by-step guide to introducing your new Bright Contract’s employee documentation to existing employees.

1. Hold an Initial Group Meeting

The purpose of this meeting will be to:

  • Notify employees of the introduction of the new contracts of employment and staff handbook.
  • Explain why they are being introduced.
  • Give a brief overview of what is contained in both documents:
    • Contract of Employment: confirms the employee’s basic terms and conditions and is fully compliant with the Terms of Employment Act
    • Staff Handbook: gives a brief overview of the type of policy that is contained in the Handbook, for example you may wish to highlight a Dress Code policy

If you are a small company, hold a company-wide meeting, inviting everyone. If your employee numbers mean this is not feasible, hold department or team meetings, ideally meeting with all affected staff on the same day to ensure a consistent message is being delivered to all staff thus preventing any misunderstanding, or false narratives starting. For any employees who are not present for the meeting ensure to debrief them as soon as possible.

At the Meeting

Ensure Top Management are Involved
It is extremely important that senior management are actively involved in introducing the new documentation to show this is a company-wide initiative, supported at the highest level.

Explain Why you are Introducing the Documentation
Give clear reasons why the business is implementing the documentation, for example:

  • We want to promote a culture of consistency and fairness in our company, where everyone knows the protocols and knows what is expected of them and what they can expect from the Company. 
  • We want to ensure we are fully compliant with employment law legislation

Emphasis the Value to the Employee
Explain to employees that they have legal rights and that the policies set out in the handbook demonstrate that the company is complying with the law and honouring their rights.

Promote the handbook as a point of reference for employees for confirmation on how a particular issue will be dealt with e.g. probation, disciplinary procedure etc.

2. Distribute the Documentation

Contracts of Employment

The Contract of Employment is a confidential document between the employer and the employee therefore all communications regarding the contract of employment are to be kept confidential. Therefore we suggest the following:

  • Issue 2 copies of the contract of employment to the employee in a sealed envelope
  • Give the employee a timeframe to read, review and sign the contract

The Staff Handbook

Following the meeting the Staff Handbook should be made available to all employees. Possible ways to do this can include:

  • Print and give each employee a hardcopy of the handbook
  • Print a number of handbooks and place them in communal locations in the place of work, e.g. the staff room
  • Email the handbook to each employee
  • Save and store the handbook in a communal location on your local drive, where it is easily accessible by all

Give staff a timeframe, e.g. 2 weeks, to read the handbook and formulate any questions they might have.

Both the staff handbook and contract of employment in Bright Contracts are available to be printed and exported as a PDF for distribution.

3: Be Prepared to Take Questions

Employees are likely to have questions, be prepared and open to answer any questions or clarify any points that employees might have. Keep open honest communications, listen to the employee’s comments, they may raise some valid issues that need to be addressed. Or employees may simply need clarification on a particular term. (The information snippets on your Bright Contracts program may help you address some employee concerns.)

Once you have had the initial staff/team meeting, it is not necessary to have further team meetings. Conversations at this point tend to be personalised, it is therefore recommended that queries are discussed individual and privately with each employee.

4: Collect Signed Documentation

Employees should sign both copies of the contract of employment, returning one to you and keeping a copy for themselves. Once the signed contract is returned, it should be placed on the personal file for future reference.

If the terms and conditions of employment (e.g. pay, hours etc.) have remained unchanged it is not essential to seek signed agreement from existing employees, however it would always be preferable. If an employee refuses to sign a contract after open discussions and no changes to the basic terms have been put forward, make a record on their file that they were given the contract and were given opportunity to discuss and fully understand the contracts, include dates and evidence of the communications.

If the terms and conditions of employment are being changed then it is important for employers to seek agreement from the employee before implementing any change. In this situation the employer should receive a signed copy of the revised contract.

There is no requirement to reach agreement with the employee on the Staff Handbook, however it can be useful to ask employees to sign to confirm that they have received and reviewed the handbook.

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Hybrid Working: Know The Basics

The Link Between Hybrid Working & Employee Engagement

Posted in Bright Contracts News, Company Handbook, Contract of employment, Employee Contracts, Employee Handbook, Employment Law

15
Jul 21

Posted by
Jennifer Patton

Hybrid Working: Know The Basics

The coronavirus (COVID-19) crisis has completely shifted the way we work and live. Companies have had to quickly adopt new initiatives and technologies to ensure employee safety whilst maintaining productivity. Working from home has now become the normality for many of us and adapting to these new ways of working is essential for business continuity which is why we have approached this blog post as a FAQ of hybrid working.

  • What is hybrid working?

Hybrid working, also referred to as blended working, is where employees divide their time between working from home and attending the workplace. For example, the arrangement possibly will involve an employee working from home two or three days a week and attending the workplace on the remaining days.
Alternatively, hybrid-working could involve building increased flexibility into the employee's working location so that each day they choose where they work, sometimes going in to a workplace and sometimes working remotely depending on their circumstances and the needs of the business.

  • Is there a standard hybrid working model?

There is no standard one-size fits all hybrid working model. What is going to work best for your organisation will depend on the nature of your business and your needs as an employer. There are a few potential variations to hybrid working to consider. For example, you need to consider whether you are going to require employees to attend a specific workplace location on a set number of days per week, or whether your business allows it’s employees to be more flexible and adopt a "work wherever is best for you to do your job" model.

There is also the matter of whether you are going to require everyone to move to hybrid working or whether it will simply be an option for employees who want to work this way with workspaces available for those who need them. In addition, you may decide that hybrid working is suitable only for particular roles within your organisation.

  • What positions are eligible for a Hybrid Work Arrangement?

Deciding on which positions are eligible for remote working are based on operational and business needs and must be made without bias or favoritism to ensure a fair process. Department leaders should first consider the departments objectives, working hours and consider each staff member’s duties to determine if that position can be done effectively with a Hybrid Work Arrangement. Not all positions and staff will be eligible for hybrid working.

  • Who has the authority to approve Hybrid Work Arrangements?

Hybrid Work Arrangements are agreed at the discretion of the organisation and the employee’s direct supervisor/manager. Supervisors/managers have the authority to approve Hybrid Work Arrangements after consulting with their Department Head.

  • Under what criteria can a Hybrid Work Arrangement request be denied?

The denial of a hybrid working request should be based on legitimate business rationale such as operational need/changes, staffing need/changes, or documented performance issues.

  • What if someone disagrees about their position’s eligibility for or denial of remote work?

If a request is denied, or an employee does not agree with the terms of their Hybrid Work Arrangement, managers should attempt to resolve the matter informally with the employee. If needed, managers should consult with their supervisor or division leader in addition to Human Resources. If an informal resolution cannot be reached, managers should inform the employee in writing that the employee may be able to file a complaint in accordance with the employee’s applicable complaint process detailed in the company handbook.

Coming Soon: Bright Contracts will be updating the software shortly to include a Hybrid Working policy as well as other useful documentation, announcements will be made once these become available.

To ensure you have access to the complete hybrid working content ensure you have purchased a Bright Contracts licence.

Posted in Coronavirus, Employee Contracts, Employee Handbook, Employment Law

1
Jul 21

Posted by
Jennifer Patton

Your GDPR Questions Have Been Answered!

GDPR/ the General Data Protection Regulation has been around since May 2018 but the stipulations surrounding GDPR can still be confusing at times which is why we decided to cover this topic as FAQ's but firstly to explain what GDPR is, it is the toughest privacy and security law in the world. Even though it was drafted and passed by the European Union (EU), it imposes obligations onto organizations anywhere, so long as they target or collect data related to people in the EU. Under GDPR you have a fundamental right of access to your personal data from data controllers.

What is personal data?

Personal data is information that relates to you, or can identify you, either by itself or together with other available information. Personal data can include your name, address, contact details, an identification number, IP address, CCTV footage, access cards, audio-visual or audio recordings of you, and location data.

What personal data can employers lawfully process?
GDPR states that to be able to ‘Lawfully Process’ personal data you must be able to fall into at least 1 of the 6 processing classifications, the first one being Consent. Consent must be:

  • Specific, informed, unambiguous, and freely given – there must be evidence that clear affirmative action has been given.
  • Must be for a specified purpose
  • Where consent is obtained as part of a larger document covering other things, consent text must be clearly distinguished from everything else
  • Evidence needs to be retained as to how the consent was obtained. For example; forms, brochures signage, website screenshots.
  • Language must be accessible and easily understood.
  • Have a clear and seamless opt-Out process in place.
  • If you have mailing lists that you’ve used pre GDPR you will not be able to continue using them if you haven’t got specific approval or consent from the individuals.

Do we need to ask for consent from our employees to process their data?

No, as the reliance for processing and retaining their data will be down to lawful processing because of the employer’s legal obligation to deduct taxes etc. and also down to the contractual agreement in place to pay them and pay forward the taxes owed on their behalf. And also to the nature of the relationship between the employer and the employee, the status quo is in the employer’s favour so consent would not be unambiguous or freely given.

Is the emailing of pay slips permissible under GDPR?
There is nothing in the GDPR that states it is no longer permissible to email payslips, this practice is still very much acceptable. The thing to keep in mind in relation to emailing payslips is to ensure that all appropriate security measures are in place. The payslips that are emailed from BrightPay are encrypted and deleted from our servers once sent, however it may also be prudent of a processor of the payroll to password protect the payslips also. It will be the responsibility of the Data controllers (employers) to be vigilant that correct email addresses are inputted.

Do I need to provide my employees with training about GDPR?

It is advised that employers provide training to all individuals about their data protection responsibilities as part of the induction process. Additional training should be provided at regular intervals thereafter or whenever there is a substantial change in the law or The Company’s policy and procedures.

If data protection is breached, what are the consequences?

It is important that you comply with the GDPR legislation and put adequate policies and procedures in place. Your organisation can be inspected and could face significant penalties if your practices are in breach of GDPR. The GDPR allows the EU's Data Protection Authorities to issue fines of up to €20 million or 4% of annual global turnover (whichever is higher).

Bright Contracts contains a 'Data Protection' section of the Company Handbook which can be viewed under the 'Introduction' tab. Download a trial of our software to see a sample of this content.

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Posted in Company Handbook, Contract of employment, Employee Contracts, Employee Handbook, Employee Records, GDPR, General Data Protection Regulation

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