CAROL Nolan pointed out that the employment landscape has changed and evolved dramatically in recent years and staff members are now more knowledgeable, with access to more data, and the ability to challenge employers who they expect to be equally knowledgeable.

Ireland has the most tightly regulated employment laws in Europe and, the WRC inspections are a wake-up call for employers to ensure they are fully aware and compliant of employment law.

Retention of staff is a key issue and if employment law measures are not in place then members of staff are less willing to stay.

Nolan pointed out that the industry is unique in that staff want to be there and love what they do. They may have a passion for their role and want to be there all the time, but their employer still needs to be able to show that all other requirements are in place.

INSPECTIONS

Every industry is subject to workplace inspections and 5,000 were carried out last year. “They are nothing to be fearful of, but you must be aware of requirements and have key areas in place,” Nolan advised.

Prior notice of inspection is likely, together with a set of questions in advance and inspectors will also speak to staff.

The inspectors will check payroll records and among their chief concerns will be rates of pay and whether employees are paid at least the minimum wage (€9.25 per hour) and receiving relevant premiums for public holidays. Record keeping will be checked and timesheets, signed by employees, must be in place to record all hours worked.

Written terms of employment must be in place for all staff and hours of work and rest breaks recorded. The maximum working week is 48 hours, which can be averaged over a six-month period, with a minimum of one day off per week.

checklist

  • Employee records: full name, address, date of birth, PPS number, job description, start/finish dates, gross weekly pay, gross hourly rate of pay
  • Payroll records: weekly/monthly gross to net reports, payslips, overtime, bonus payments,
  • Weekly/monthly timesheets that record all hours worked, signed by employer and employee
  • Record of annual leave, sick leave and public holidays taken by each employee
  • A register of each employee under 18 years
  • Written terms of employment
  • Employment permits, if applicable

    • Nolan reminded employers that they are required to keep records for three years and that inspectors can take copies away. She also made employers aware of newly introduced paternity leave, allowing fathers two week’s leave. Emergency leave (force majeure) is also something to be mindful of.