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Avoid Big Fines Under New Employment Legislation by Ensuring Compliance

Are you familiar with the new Employment (Miscellaneous Provision) Act, 2018, which came in to effect in March 2019? This new legislation requires employers to issue employees with a core statement of employment within five days of their commencement of employment and a full contract of employment within 4 weeks. If an employer issues the employee with a contract/statement of terms and conditions prior to or within five days of the employee’s commencement, then core statement is not required.

Now is the time to ensure your house is in order and all staff have contracts of employment. If an employer fails to comply with the core statement document, they may be subject to fines up to €5,000 per breach.

Our Employment Contract Pack provides a template for the development of contracts specific to the early years sector and also includes the Core Statement document. It is available on our shop here: Employment Contract Pack.
This legislation also provides a ban on zero-hour contracts, except in circumstances where there is genuine casual work, emergency cover or short-term relief.
The early years sector is regulated and requires an adult/child ratio for various ages ranges in order to be compliant with the legislation. Therefore, this should suffice to meet the legislative requirement in the new legislation. Early Years providers should still be able to provide relief contracts where employees work occasional hours for emergency or short-term relief. However, employers should be aware that where this cover changes to a more regular arrangement or, for example, longer-term cover for sick leave then the contract type should change to a fixed term/specific purpose contract as may be relevant.

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