Posts Tagged ‘Contract’

Your HR Questions Answered

Tuesday, October 1st, 2019

We aim to give our readers and followers the best advice when it comes to managing people effectively. Every month you can read a digest of some HR questions that might be relevant for you.

Q: What is an intern and how should they be treated in the work context?

A: In the absence of any definite guidelines, the terms and conditions of internships vary considerably from business to business. However, all employers need to be aware that, depending on the circumstances of the internship and the actual nature of the engagement/work being undertaken, there is a risk that the intern may be found to be an employee. As a rule of thumb, a genuine internship will generally be for a relatively short period of time and the intern will be engaged mostly to “observe/train” rather than actually work.

QDo I need to give my intern a contract, seeing as they are not an employee?

A: When engaging an intern, ensure you have a written agreement with the intern, setting out the terms of the internship. This document should state the parties’ expectations of the internship and set out certain basic terms around training, mentoring and feedback. This document should confirm that the purpose of the internship is to give the intern an opportunity to learn about the business and should confirm that the intern is not an employee.

Q: Should the intern be given any other documents when they start?

A: Yes, the intern should be made aware of the company’s policies and procedures handbook that will be applicable during the placement. For example, the intern should be made aware of the organisation’s Anti-Bullying and Harassment policies. Similarly, they should confirm that they will abide by the organisation’s requirements with respect to confidential information. The employer should note that the provisions of the Safety, Health and Welfare at Work Act, 2005 apply to all parties in the workplace, and not just employees.

 

If you have a question on working time, rest periods or breaks, please contact us. We have a team of trained and skilled investigators and consultants who have extensive experience in this area and would be happy to discuss any issue of concern with you. Just email us on info@voltedge.ie or call Ingrid on 01 5252914.

Voltedge Management

Employment Contracts – Are Your Contracts Compliant?

Tuesday, August 27th, 2019

With recent changes in legislation, there are more requirements on employers to issue contracts in a timelier fashion and also to be careful about content and wording – we list below some of the issues to look out for:

  • Issuing a contract: Employers must now give a prospective employee either an offer letter or a full contract within 5 days of commencing the job. There are a number of basic details that must be included so if you can’t get a contract organised quickly, we suggest that you issue an offer letter with the basic legal requirements setting out the 5 core terms (Name of Employee and Employer, Address of Employer, Expected duration of contract if fixed term or temporary, Rate and Method of calculating pay and Expected normal length of working day and week) and follow up with a full contract when you have this ready
  • Fixed-term contracts: These contracts are really beneficial – particularly for SMEs who can’t either afford to take an employee permanently or have a short-term need to cover. A recent ruling however has raised an issue that is important to be aware of. If you state in the fixed-term contract that you may extend it at the end of the contract period, but that there will be contingencies to be considered before you extend the contract – such as working certain hours, or completing satisfactory service – then the fixed-term contract may be considered void, as you are imposing contingencies on future employment that hasn’t been confirmed. In a recent case in the High Court a school was told that the fixed-term contract was not valid, as they had imposed contingencies that implied a permanent contract of employment – even though a fixed-term contract was given. So, ensuring appropriate wording in fixed-term contracts is essential.
  • Fixed-purpose contracts: This is an excellent way of covering particular situations – such as maternity leave, long-term parental leave, etc. However, it is essential that the terms are clear. If you employ an individual to cover a maternity leave, they should not be placed on other tasks, or transferred into other work/positions as this will breach the terms of the contract. Again, care must be taken in the application of this contract.
  • What if you have NO contract in place? Don’t panic- you are non-compliant, and the main issue is to ensure that you resolve this. Issuing retrospective contracts is certainly better than no contract – just take care again in the wording and the detail and take advice if the employee is unhappy or unwilling to sign the contract.

Employment contracts – well written and appropriate – are both essential and very valuable for both the employer and employee -so taking the time to ensure that they are compliant, appropriate and customised to suit the business – is really worthwhile. For further information please contact Voltedge for expert advice. Just email us on info@voltedge.ie or call Ingrid on 01 5252914.

Voltedge Management

Worker Wins Appeal Over Fixed-Term vs. Fixed-Purpose Contract

Monday, September 17th, 2018

The Labour Court has decided to over-turn and award the appeal of a clerical officer, working at the Department of Employment Affairs and Social Protection, who was wrongly assigned a contract of indefinite duration by the Work Relations Commission (WRC) earlier in the year.

The appeal has highlighted an important distinction between fixed-term and fixed-purpose contracts.

Fixed-Term

According to the SFA, a fixed term contract of employment is when the employee has a contract directly with an employer with the end outcome being one of the following; a specific end date, completion of a task or the occurrence of a specific event.

Fixed-Purpose

A fixed purpose contract is similar in that, the employee has a contract with the employer but is only employed to carry out a specific purpose, and once that specific job is completed, the contract will cease.

In this case, the WRC determined the worker had amassed a length of employment- through continuous fixed-term contracts, to be classed as a contract of indefinite duration as per the Fixed-Term Work Act 2003.

However, the Clerical Officer had been employed to work a fixed-purpose contract- to facilitate the implementation of a scheme, with no end date referred to, compared to a fixed-term contract. It was argued that the Fixed-Term Act – which covers the umbrella term of fixed/specified -purpose contract, does not mention anything to prevent a fixed-purpose contract from lasting more than the 4-year limit of a fixed-term contract. The Court stated that given the contract of employment specified a fixed-purpose, not a fixed-term, the employee did not fall under the 4-year fixed-term contract limit, and therefore, did not require a change of contract to indefinite duration.

This has raised concerns in relation to the interpretation of the fixed-term contract Law, in relation to specified-purpose contracts. This is an important benchmark – please contact Voltedge Management for further information and advice.

(FTD184 Labour Court Case)

For more details email info@voltedge.ie or call +353 1 5252914 and ask for Ingrid.

Your HR Questions Answered

Monday, July 17th, 2017

We aim to give our readers and followers the best advice when it comes to managing people effectively and every month you can read a digest of some HR questions that might be relevant for you.

Q: I have an employee who has said that they feel bullied – what do I do?

A: If an employee feels they are being bullied the employer needs to be pro-active and immediately talk to the individual.

Questions to be asked:  

1)            When did this start?

2)            Have you had a number of incidents and can you give me details?

3)            Have you attempted to stop the behaviour of the alleged bully and what have you done?

4)            Have you talked to anyone else about this?

If the employee answers yes to the first 3 questions the employer needs to ask the employee if they wish to make a formal complaint or if they wish to keep the issue informal. If they don’t want to make a formal complaint the employer needs to still be confident that the issue is being resolved and not continuing, or put processes/resources in place to support the individual going forward.

If they wish to make a formal complaint, the employer will need to carefully follow their Bullying Procedure, appointing an independent investigator, ensuring fairness for all parties, and communicating clearly about the process.

Q: I want to recruit an employee for a few months but I don’t know what type of contract to offer them? Can I give them a contract that doesn’t have a definite date of termination?

A: Temporary contracts need to be carefully utilised to ensure that employers and employees are very clear about their responsibilities and the type of contract being applied. There are 2 main temporary contracts:

a) Fixed Term Contract: This is a contract with a fixed duration (e.g. 6 months) which is stated clearly in the written contract. If the employee is required after the termination date of this contract, employers should issue an additional contract to the employee, don’t let the contract roll over as this may result in an employee being entitled to permanency (after 12 months).

Fixed term contracts can be renewed for up to a maximum total period of 4 years, at which time the employer will have to make the employee permanent. The employer should also notify this employee of any permanent positions that they may wish to apply for.

b) Specified Purpose Contract: This is a contract for a specified purpose with no duration. An example would be a particular project with a finite life, where the employee is solely engaged on this project and leaves once the project is completed. The critical issue is ensuring that the employee is ONLY engaged under the strict terms of the contract and is not utilised for other work.

If you need advice on HR issues, drop us an email at info@voltedge.ie or contact the office for any additional information 01-5252914.