How to Know Employee Rights in Ireland

In Ireland the government department of Enterprise, Trade and Employment looks after issues regarding employment law. The department actually runs a special unit called the Employment Rights Information Unit which provides information in respect to the entitlements and obligations arising from a wide range of employment legislation.

Instructions

Difficulty: Moderate

1. Before starting work at a new employer you should read the department of Enterprise, Trade and Employment’s handbook “Guide to Labour Law”, which is published online on the department’s website (www.entemp.ie).
2. Make sure your employer gives you plenty of time to read your written employment contract. If anything within this contract appears contradictory to information within the “Guide to Labour Law”, question it. If no written contract is supplied, make sure you ask for one!
3. If you have been working somewhere for some time without a written contract, remember that anyone who works for an employer for a regular wage or income automatically has a contract of employment, whether written or not.
4. Make sure your pay is in line with the national minimum wage, details of which can be found on the department of Enterprise, Trade and Employment website. Remember that the National Minimum Wage Act applies to all employees except close relatives of the employer such as: father, mother, son, daughter, brother and sister.
5. Contact your trade union if you wish to take action against an employer. You should only do this if you feel your employee rights have been affected at work. If you do not already have one, you might like to organise a trade union. Trade unions usually use their representative power to collectively bargain with the management of companies in order to advance concerns and demands of their membership.
6. Remember that even prospective employees have rights. If you feel you have been discriminated against, even if only during the recruitment process, you may take action against an employer. If you can prove that you were not employed because of sexual, religious or even age related discrimination, you will be able to take your case to court.
7. Remember that the employer has rights too. For example, companies are allowed to limit your personal communication during work hours, your use of the Internet and have the right to decide when you should take your holidays.
8. Every employee has the right to a written statement every pay day with every deduction itemised.

Tips & Warnings

• Employment Tribunals and legal action can have huge implications. Win or lose, it may prove incredibly difficult to continue working in an environment where you are seen as a troublemaker. Think of the long-term implications, and associated costs, of any legal action before you head down this route.