Employment (Miscellaneous Provisions) Act, 2018 – Update On Key Changes

Author:Ms Sinead Egan and Barry Reynolds
Profession:DAC Beachcroft LLP


Recent legislation on employment terms was heralded as "one of the most significant pieces of employment legislation in a generation". In practice, it has given rise to much uncertainty. Following on from our recent overview of this legislation (available here), in this series, we highlight some common questions with which employers must grapple in seeking to be fully compliant.

Key Changes:

5 employment terms must now be provided to employees within 5 days of their commencing employment. Failure to do so is now a criminal offence. Prohibition on zero hour contracts as well as the introduction of a minimum payment for employees on if and when contracts, being 3 times the national minimum wage; and Introduction of banded hour working arrangements. In the first of a series of follow ups on this legislation, we deal firstly with statement of terms of conditions, or, the 5 within 5 day requirement.

Do I have to re-issue employment contracts to my existing employees to comply with the new 5 terms of employment requirement?

No. The "5 within 5" requirement applies to new recruits with effect from 4 March 2019.

However, employers should bear in mind that it remains the case that employees are entitled to receive a statement of other terms and conditions of employment, as set out in the Terms of Employment (Information) Act, 1994 within 2 months of commencement. Most employers will of course send one statement immediately on commencement to satisfy...

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