Terms of Employment (Information) Act, 1994

Terms of Employment (Information) Act, 1994 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1994 Terms of Employment (Information) Act, 1994 Terms of Employment (Information) Act, 1994 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Print Full ActPriontáil an tAcht Iomlán Number 5 of 1994 TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 ARRANGEMENT OF SECTIONS Section

Section 1

Interpretation.

Section 2

Exclusions.

Section 3

Written statement of terms of employment.

Section 4

Employment outside State.

Section 5

Notification of changes.

Section 6

Existing contracts of employment.

Section 7

Complaints by employees in relation to contraventions of Act by their employers.

Section 8

Appeals from and enforcement of recommendations of rights commissioner.

Section 9

Enforcement of determinations of Tribunal.

Section 10

Evidence of failure to attend before or give evidence or produce documents to Tribunal.

Section 11

Laying of orders and regulations before Houses of Oireachtas.

Section 12

Expenses of Minister.

Section 13

Repeals.

Section 14

Short title and commencement.

Number 5 of 1994 TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AN ACT TO PROVIDE FOR THE IMPLEMENTATION OF DIRECTIVE NO. 91/533/EEC OF 14 OCTOBER, 1991 OF THE COUNCIL OF THE EUROPEAN COMMUNITIES ON AN EMPLOYER'S OBLIGATION TO INFORM EMPLOYEES OF THE CONDITIONS APPLICABLE TO THE CONTRACT OR EMPLOYMENT RELATIONSHIP, TO AMEND THE MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACT, 1973 , AND TO PROVIDE FOR RELATED MATTERS. [5th April, 1994] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.—(1) In this Act— “the Act of 1973” means the Minimum Notice and Terms of Employment Act, 1973 ; “the Council Directive” means Council Directive No. 91/533/EEC of 14 October, 1991(1) ; “contract of employment” means— (a) a contract of service or apprenticeship, and (b) any other contract whereby an individual agrees with another person, who is carrying on the business of an employment agency within the meaning of the Employment Agency Act, 1971 , and is acting in the course of that business, to do or perform personally any work or service for a third person (whether or not the third person is a party to the contract), whether the contract is express or implied and if express, whether it is oral or in writing; “employee” means a person who has entered into or works under (or, where the employment has ceased, entered into or worked under) a contract of employment and references, in relation to an employer, to an employee shall be construed as references to an employee employed by that employer; and for the purposes of this Act, a person holding office under, or in the service of, the State (including a member of the Garda Síochána or the Defence Forces) or otherwise as a civil servant, within the meaning of the Civil Service Regulation Act, 1956 , shall be deemed to be an employee employed by the State or Government, as the case may be, and an officer or servant of a local authority for the purposes of the Local Government Act, 1941 , a harbour authority, a health board or a vocational education committee shall be deemed to be an employee employed by the authority, board or committee, as the case may be; “employer”, in relation to an employee, means the person with whom the employee has entered into or for whom the employee works under (or, where the employment has ceased, entered into or worked under) a contract of employment subject to the qualification that the person who under a contract of employment referred to in paragraph (b) of the definition of “contract of employment” is liable to pay the wages of the individual concerned in respect of the work or service concerned shall be deemed to be the individual's employer; “the Minister” means the Minister for Enterprise and Employment; “the Tribunal” means the Employment Appeals Tribunal.

Exclusions.

2.—(1) This Act shall not apply to— (a) employment in which the employee is normally expected to work for the employer for less than 8 hours in a week, or (b) employment in which the employee has been in the continuous service of the employer for less than 1 month.

Written statement of terms of employment.

3.—(1) An employer shall, not later than 2 months after the commencement of an employee's employment with the employer, give or cause to be given to the employee a statement in writing containing the following particulars of the terms of the employee's employment, that is to say— (a) the full names of the employer and the employee, (b) the address of the employer in the State or, where appropriate, the address of the principal place of the relevant business of the employer in the State or the registered office (within the meaning of the Companies Act, 1963 ), (c) the place of work or, where there is no fixed or main place of work, a statement specifying that the employee is required or permitted to work at various places, (d) the title of the job or nature of the work for which the employee is employed, (e) the date of commencement of the employee's contract of employment, (f) in the case of a temporary contract of employment, the expected duration thereof or, if the contract of employment is for a fixed term, the date on which the contract expires, (g) the rate or method of calculation of the employee's remuneration, (h) the length of the intervals between the times at which remuneration is paid, whether a week, a month or any other interval, (i) any terms or conditions relating to hours of work (including overtime), (j) any terms or conditions relating to paid leave (other than paid sick leave), (k) any terms or conditions relating to— (i) incapacity for work due to sickness or injury and paid sick leave, and (ii) pensions and pension schemes, (l) the period of notice which the employee is required to give and entitled to receive (whether by or under statute or under the terms of the employee's contract of employment) to determine the employee's contract of employment or, where this cannot be indicated when the information is given, the method for determining such periods of notice, (m) a reference to any collective agreements which directly affect the terms and conditions of the employee's employment including, where the employer is not a party to such agreements, particulars of the bodies or institutions by whom they were made.

Employment outside State.

4.—(1) Where, after the commencement of this Act, an employee is required to work outside the State for a period of not less than 1 month, the employer concerned shall give or cause to be given to the employee, prior to the departure of the employee from the State, a statement under section 3 and there shall be added to the statement the following particulars, that is to say— (a) the period of employment outside the State, (b) the currency in which the employee is to be remunerated in respect of that period, (c) any benefits in cash or kind for the employee attendant on the employment outside the State, (d) the terms and conditions, where appropriate, governing the employee's repatriation.

Notification of changes.

5.—(1) Subject to subsection (2), whenever a change is made or occurs in any of the particulars of the statement furnished by an employer under section 3 , 4 or 6 , the employer shall notify the employee in writing of the nature and date of the change as soon as may be thereafter, but not later than— (a) 1 month after the change takes effect, or (b) where the change is consequent on the employee being required to work outside the State for a period of more than 1 month, the time of the employee's departure.

Existing contracts of employment.

6.—(1) Where, before the commencement of this Act, an employee has entered into a contract of employment with an employer, then, the employer shall, if so requested by the employee, furnish to the employee a statement under section 3 and, if so requested by the employee, there shall be added to the statement the particulars specified in section 4 .

Complaints by employees in relation to contraventions of Act by their employers.

7.—(1) An employee may present a complaint to a rights commissioner that his or her employer has contravened section 3 , 4 , 5 or 6 in relation to him or her and, if he or she does so, the commissioner shall give the parties an opportunity to be heard by the commissioner and to present to the commissioner any evidence relevant to the complaint, shall give a recommendation in writing in relation to it and shall communicate the recommendation to the parties.

Appeals from and enforcement of recommendations of rights commissioner.

8.—(1) A party concerned may appeal to the Tribunal from a recommendation of a rights commissioner under section 7 and, if the party does so, the Tribunal shall give the parties an opportunity to be heard by it and to present to it any evidence relevant to the appeal, shall make a determination in writing in relation to the appeal affirming, varying or setting aside the recommendation and shall communicate the determination to the parties.

(5)

Section 39

Enforcement of determinations of Tribunal.

9.—(1) (a) If an employer fails to carry out in accordance with its terms a determination of the Tribunal in relation to a complaint under section 7 within 6 weeks from the date on which the determination is communicated to the parties, the District Court shall, on application to it in that behalf by— (i) the employee concerned, (ii) the employee's trade union, or (iii) the Minister, if the Minister considers it appropriate to make the application having regard to all the circumstances, without hearing the employer or any evidence (other than in relation to the matters aforesaid) make an order directing the employer to carry out the determination in accordance with its terms. (b) In paragraph (a) the reference to a determination of the Tribunal is a reference to such a determination in relation to which, at the expiration of the time for bringing an appeal against it, no such appeal has been brought, or if such an appeal has been brought it has been abandoned and the reference to the date on which the determination is communicated to the parties shall, in a case where such an appeal is abandoned, be construed as a reference to the date of such abandonment.

Evidence of failure to attend before or give evidence or produce documents to Tribunal.

10.—A document purporting to be signed by the chairman or a vice-chairman of the Tribunal stating that— (a) a person named in the document was, by a notice under paragraph (c) of section 39

Laying of orders and regulations before Houses of Oireachtas.

11.—Every order or regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Expenses of Minister.

12.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Repeals.

13.—Sections 9 and 10 of the Act of 1973 are hereby repealed.

Short title and commencement.

14.—(1) This Act may be cited as the Terms of Employment (Information) Act, 1994.

Acts Referred to Civil Service Regulation Act, 1956 1956, No. 46 Companies Act, 1963 1963, No. 33 Courts Act, 1981 1981, No. 11 Employment Agency Act, 1971 1971, No. 27 Local Government Act, 1941 1941, No. 23 Minimum Notice and Terms of Employment Act, 1973 1973, No. 4 Redundancy Payments Act, 1967 1967, No. 21 Unfair Dismissals Act, 1977 1977, No. 10

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