Irish Contract Example Extracted Pages-27-32 - ISME Employers-Handbook

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Sample Contract of Employment

This is a Contract of Employment between:

(Employee Name) (Employee Address)

and

(Employer Name) (Employer Address) (herein after referred to as “the Company”)

PositionYou will be employed as…………… . You will be required to be flexible in this role andundertake any such duties assigned to you by the company. Such duties may fall outside theremit of your normal working duties.

Commencement DateYour employment with the Company shall commence on ………….

RemunerationYour remuneration will be €…….. gross per annum. Payment will be made by BACS (directtransfer into your named bank account, and made monthly in arrears. The management reservethe right to deduct at source any overpayment of salary or monies owed in consultation with you.(Details of any commission and / or bonus payment mechanisms should be included here).

Any additional lump sum payments made by the company over the course of your employmentwill be subject to further terms and conditions. Should these terms and conditions fail to be met,the company reserve the right to recoup a percentage or the total amount.

Line ManagerYou will be reporting to...................or any such individual as is expressly communicated to youduring the course of your employment.

Hours of workYour normal hours of work will be from ............. a.m. to .............., Monday to Friday. (If shiftwork is appropriate include full details here).

Some degree of flexibility may be required and you will be expected to work appropriate hours inorder to carry out your responsibilities. However, it is the policy of the Company that as far aspossible, extensive working hours above the norm will not occur in accordance with the EuropeanWorking Time Directive.

Rest breaks will be granted in line with the Organisation of Working Time Act 1997 and will beas follows…………….

27 Place of Work

You will be required to work in ………….. Some degree of flexibility may be required as youmay be required to work in a variety of locations as and when work demands.

Probation

There will be a probationary period of .........months.

The management reserve the right to extend the period of probation if necessary. However, onsatisfactory completion of this period your employment will be confirmed. Notwithstanding thecompany’s right to extend your probation, your probationary period will not be in excess of oneyear.

The normal disciplinary process will not apply during the probationary period.

Should either party wish to terminate the employment during this period, the notice period givenwill be in accordance with current employment legislation.

Service Notice13 weeks -2 Years 1 week 2 - 5 years 2 weeks 5 -10 years 4 weeks 10 -15 years 6 weeks over 15 years 8 weeks

Holiday EntitlementThe company’s holiday year runs from ……………to...................... Your paid holidays will be……… working days per year. (Restrictions on when annual leave cannot be taken or the amountof leave to be taken at one time should be mentioned here).

Under no circumstances may any holidays be carried forward into the next holiday year withoutprior arrangement.

Any employee absent from the workplace by reason of certified sick leave will continue to accrueand retain annual leave entitlement. Should the employee be unable to take annual leave duringthe relevant leave year, an annual leave carryover period of 15 months after the leave year willapply. Should the employment be terminated during this time payment in lieu of untaken annualleave will be provided. After this 15 month carryover period, all unused annual leave will be lost.

When a termination of this contract occurs and the paid holidays already taken exceed the paidholiday entitlement on the date of termination, the company will deduct the excess holiday payfrom the final pay amount.

Notice of HolidaysYou must give not less than _____ weeks advance notification of those dates and periods onwhich holidays will be taken.

28 All holidays must be agreed with your manager prior to holiday arrangements being confirmed.The company will bear no responsibility for any financial loss resulting from bookings madewithout prior agreement with your manager.

Public HolidaysYour entitlement to public holidays is as follows:  Christmas Day  May Day  St Stephen’s Day  June Bank Holiday  New Year’s Day  August Bank Holiday  St Patrick’s Day  October Bank Holiday  Easter Monday

During a period of certified sickness absence, public holiday benefit will normally be accrued forthe first 26 weeks of absence only.

AbsenceIf, for any reason other than exceptional circumstances, you are absent from the Company’semployment or unable to carry out the full duties of your employment, you must contact thecompany within 30 minutes of your normal start time on the first day of such absence. Failure todo so will result in your absence being classed as unauthorised.

An original certificate from a qualified Medical Practitioner must be submitted to (namedmanager) on the third day of continuous absence and on a weekly basis thereafter. Copies willnot be accepted.

The Company reserves the right to have you examined by its own Medical Practitioner.

Any employee who is absent through unauthorised or uncertified absence will be requested toattend a disciplinary investigation meeting and could face sanctions up to and including dismissal.

The company does not pay employees who are absent due to illness. Accordingly, you may needto submit a claim to the Department of Social Protection, after 6 days of illness.

Please refer to the company absence policy for information on unacceptable levels of absence.(If no absence policy exists please include reference to number of days/occasions that maywarrant disciplinary action here).

Pension SchemeThe company operates an Occupational Pension Scheme / a Personal Retirement SavingsAccount (Number.................................) (Delete whichever does not apply).

Employee’s who wish to make contributions to a PRSA, should contact........................ who willadvise you of the company’s PRSA operator.

Retirement Age

The retirement age for employees is 65 years. Employees will be contacted 6 months prior totheir reaching the retirement age to discuss issues around your retirement from the company.

29 Reduced Working Hours

The employer reserves the right to reduce your working hours, where through circumstancesbeyond its control it is unable to maintain you in full-time or your regular hours of employment.You will receive as much notice as possible prior to such lay off or short time periodcommencing and you will be paid only in respect of hours actually worked during that period.

Grievance & Disciplinary Procedure

In the interests of fairness and justice and to ensure the proper conduct of business, certainprovisions to deal with matters of grievance and discipline are necessary, as follows.

Grievance Procedure

If you have any grievance, which you consider to be genuine in respect of any aspect of youremployment, you have a right to a hearing by your immediate superior or the Personnel Manageras the circumstances warrant. If you are unhappy with the outcome of the hearing you may appealto the Chief Executive. A fellow work colleague may accompany you to this appeal hearing.

In the event of the matter not being resolved internally the matter shall be referred through normalindustrial relations procedure.

The procedure referred to above shall include reference to the Workplace Relations Commission.

Disciplinary Procedure

The company reserves the right to take disciplinary action on the grounds of a breach of acontractual or established work rule, poor performance/capability, misconduct, gross misconductor absence. Disciplinary action can result in the issuing of an informal or formal warning,suspension with or without pay, transfers to other duties and loss of privileges. Ultimately,persistent breaches or inadequate work performance can lead, following warnings to dismissal.The following stages of a disciplinary will normally apply:

Stage 1: Informal WarningStage 2: Verbal WarningStage 3: First Written WarningStage 4: Final Written WarningStage 5: Dismissal

The Company reserves the right to invoke the disciplinary procedure at any level taking intoaccount the severity of the infringement. Certain grave breaches can lead followingconsiderations of all the circumstances by the company to summary dismissal or suspensionpending investigation. In all dismissal cases, full investigation will be carried out, and you willhave the right to put your case and be accompanied by another staff member or appropriaterepresentative, and the right to appeal against a decision to a more senior management.

In the event of your dismissal being confirmed and should you wish to challenge the dismissalthen in accordance with normal procedures, the matter shall be referred to the WorkplaceRelations Commission.

30 Please refer to your Company Staff Handbook for further information on this and other policiesand procedures relevant to your employment.

NoticeIn the event that either the company or you wish to terminate this contract, notice to be givenshall be in accordance with the current employment legislation.Service Notice13 weeks -2 Years 1 week 2 - 5 years 2 weeks 5 -10 years 4 weeks 10 -15 years 6 weeks over 15 years 8 weeks

Notice must be provided in writing and submitted to _________ (Named Manager).

Nothing in this agreement shall prevent the giving of a lesser period of notice by either partywhere it is mutually agreed.

In the event of your contract being terminated on the grounds of gross misconduct you will not beentitled to any notice.

Restrictions

During the period of this contract, you will devote the whole of your time and attention to thebusiness of the Company and you undertake that during the period of this contract you will notengage in any other activity which is likely to prejudice your ability to serve the company, norwill you engage in any business activity which may cause a conflict of interest with the businessof the company.

You will not at any time either during the period of this contract or after its termination make useof or communicate, any of the trade secrets or confidential information of the Company whichyou may have obtained whilst in the service of the Company.

Any discovery, invention or process made or discovered by you whilst in the employment of theCompany and relating to the business of the Company will remain the property of the Companyand must be disclosed to the Company, and you undertake to join with the Company at any timein applying for letters, patent or other appropriate licence for such discovery, invention orprocess.

Staff Handbook (if issued)

If you have been issued with a staff handbook, your attention is drawn to the policies containedtherein, which together with this contract form the terms and conditions of your employment.

Changes to this Contract

Changes in the terms and conditions of this contract will be notified to you, followingconsultation and agreement, before the date of proposed change.

31 I accept and agree to all of the above Terms & Conditions of my employment:

Signed:___________________________________________ Employee

Date: ___________________________________________

Signed:___________________________________________ For and behalf of the Company

Date: ___________________________________________

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