2018 has seen many changes to employment law in Ireland that businesses need to be aware of. Our HR Consultancy team focus on three main topics; Retirement Age, Issuing Conditions of Employment and Maternity Leave.
There is some confusion around retirement age at present and what employers need to do to ensure compliance under the Equality (Miscellaneous Provisions) Act, 2015. Essentially, companies can still set a retirement age, but you cannot force someone to retire when they reach this age unless there is objective justification, i.e., a good reason to do so.
In the past, employers had two months to issue their employees with their terms and conditions of employment, but under the Terms of Employment (information) Act, 1994, this has now changed. Now the employer has to issue the employee with a written statement of five core terms within five days of the employee commencing employment. These five core terms are:
The full terms and conditions must issue within two months, as per previous legislation.
The Maternity Protection Acts 1994 – 2004 have changed with respect to employees who have their child prematurely. In the past, maternity leave would start from the date the premature child was born, regardless of how long before the expected date of confinement this was. Now, employees will receive additional leave. This additional leave is the equivalent to the premature birth period, up to two weeks before the expected date of confinement. Then the usual 26 weeks maternity leave will kick in. I
It is important to note that consequent amendments have been made to provide additional maternity benefit payments in the event of a premature birth.
If you have any queries regarding any of the above topics, please contact a member of our team.
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