Know Your Rights with Femi Daniyan
Ireland is suffering from an unprecedented rise in redundancies and unemployment. So if you are an employee, there is no better time to get to know your employment rights, and be equipped in enforcing your rights if they are being threatened by your employer.
Over the next few issues I intend to shed some light on the basic rights that are available to you as an employee, and the various ways in which you can assert your rights if or when an employer infringes them.
Basic employee rights
The right to a written statement of terms and conditions of employment – This right is regulated by the Terms of Employment (Information) Act 1994. An employer-employee relationship is a contractual one, and consequently certain rights and obligations ensue from that relationship.
According to the law, an employer is obliged to provide the employee with a written statement of the terms and conditions of employment within two months of the job commencing. This requirement applies to all employees except those who have been employed for less than a month. It is important to note that the full contract does not have to be in writing.
The right to receive a written statement of pay – According to the Payment of Wages Act 1991, you are entitled to be paid pursuant to your contract. You must also be given a written statement of your wages and any deductions made by your employer.
The Payment of Wages Act 1991 also regulates situations where you as the employee are required to make a payment to the employer. Such deductions or payments are allowed where they are required by law, allowed by the employee’s contract, made with the written consent of the employee, involves the recovery of an overpayment of wages or due to any statutory disciplinary procedures. This list is not exhaustive.
It is important to note that your employer is not obliged to provide a pension scheme but must facilitate you if you wish to pay into a Personal Retirement Savings Account (PRSA).
The right to a minimum wage – Most experienced adult workers in Ireland are entitled to be paid the national minimum wage of €8.65 per hour. However, there are exceptions to the rule: these include persons employed by close relatives, persons without employment experience, and persons who have not attained the age of majority (aged under 18) and are trainees or apprentices.
It is important to note that many employees are guaranteed a minimum wage that is unique to their particular trade or industry. In agreements known as Employment Regulation Orders (EROs) and negotiated by Joint Labour Committees (JLCs), pay and working conditions can be formulated.
These agreements usually provide for minimum wages that are generally higher than the national minimum wage. It is a criminal offence for an employer not to pay at least the minimum wage except in certain defined circumstances as stated above.
It goes without saying that the national minimum wage does not stop an employer from paying a higher wage. The national minimum wage rate changes often so it is important to enquire from the National Employment Rights Authority (Nera) from time to time.
Continued next issue
Femi Daniyan is a barrister who practices in the areas of employment, immigration, professional negligence, probate, succession and family law amongst other areas. He is an advocate on human rights issues affecting minorities. He holds an MA in International Relations from Dublin City University.
