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EMPLOYMENT LAW (EMPLOYEES)

We often feel like we are under the control and will of our Employer.  You have Employment Rights and Sheridan FitzGerald solicitors are hear to vindicate your rights and ensure that you are treated fairly and receive the compensation you deserve.

If you believe your rights have been violated whether it be from unfair dismissal harassment or bullying, we are here to help you.

You have many employment protections under the following legislation:

Industrial Relations (Amendment) Act 2015

This Act provides for a system of registered employment agreements and sectoral employment orders.

 

Workplace Relations Act 2015

This Act reorganised and reformed employment rights structures by establishing the Workplace Relations Commission that has replaced the Labour Relations Commission, Rights Commissioner Service, Equality Tribunal, and National Employment Rights Authority.

 

Employment Permits (Amendment) Act 2014

This Act amends and extends the Employment Permits Acts 2003 and 2006 through the provision of 9 different types of employment permit and changes to the criteria for issuing employment permits.

 

Protected Disclosures Act 2014

This Act protects employees who make disclosures about wrongdoing that comes to their attention in the workplace from penalisation.

 

The Industrial Relations (Amendment) Act 2012

 This Act reforms the wage setting mechanisms for making Employment Regulation Orders and Registered Employment Agreements.

 

Protection of Employment (Temporary Agency Work) Act 2012

This Act provides that all temporary agency workers must have equal treatment as if they had been directly recruited by the hirer in respect of the duration of working time, rest periods, night work, annual leave and public holidays and pay. The right to equal pay is backdated to 5 December 2011.

 

Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007

This legislation established a redundancy panel to consider certain proposed collective redundancies.

Employment Permits Act 2006

This Act u introduced a Green Card permit and revising the legislation on work permits and spousal permits.

 

Employees (Provision of Information and Consultation) Act 2006

This legislation established minimum requirements for employees' right to information and consultation about the development of their employment's structure and activities and  applies to employers with at least 50 employees.

Parental Leave (Amendment) Act 2006

This Act provides for a period of unpaid parental leave for parents to care for their children and for a limited right to paid leave in circumstances of serious family illness.

 

Safety, Health and Welfare at Work Act 2005

This legislation consolidates and updates the existing health and safety law. Changes include the provision for higher fines for breaches of safety legislation.

Adoptive Leave Act 2005

This Act provides for adoptive leave from employment principally by the adoptive mother and for her right to return to work following such leave.

 

Maternity Protection (Amendment) Act 2004

This Act includes provisions relating to ante-natal classes, additional maternity leave, breastfeeding making significant improvements to the Maternity Protection Act 1994 which covers matters such as maternity leave, the right to return to work after such leave and health/safety during and immediately after the pregnancy.

Equality Act 2004

This legislation prohibits discrimination in a range of employment-related areas. The prohibited grounds of discrimination are gender, marital status, family status, age, race, religious belief, disability, sexual orientation and membership of the Traveller community. The Act also prohibits sexual and other harassment. The Equality Act also amends the Equal Status Act 2000 to extend the definition of sexual harassment and shift the burden of proof from the complainant to the respondent.

 

European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003

This legislation applies to any transfer of an undertaking, business or part of a business from one employer to another employer as a result of a legal transfer (including the assignment or forfeiture of a lease) or merger. Employees rights and entitlements are protected during this transfer.

 

Protection of Employees (Fixed Term Work) Act 2003

This legislation protects fixed-term employees by ensuring that they cannot be treated less favourably than comparable permanent workers and that employers cannot continually renew fixed term contracts. Under the Act employees can only work on one or more fixed term contracts for a continuous period of four years. After this the employee is considered to have a contract of indefinite duration (e.g. a permanent contract).

 

Organisation of Working Time (Records) (Prescribed Form and Exemptions) Regulations 2001

This Act requires employers to keep a record of the number of hours worked by employees on a daily and weekly basis, to keep records of leave granted to employees in each week as annual leave or as public holidays and details of the payments in respect of this leave. Employers must also keep weekly records of starting and finishing times of employees.

 

Protection of Employees (Part-Time Work) Act 2001

This Act provides for the removal of discrimination against part-time workers where such exists. It aims to improve the quality of part-time work, to facilitate the development of part-time work on a voluntary basis and to contribute to the flexible organisation of working time in a manner that takes account of the needs of employers and workers. It guarantees that part-time workers may not be treated less favourably than full-time workers.

 

Carer's Leave Act 2001

This Act provides for an entitlement for employees to avail of temporary unpaid carer's leave to enable them to care personally for persons who require full-time care and attention.

 

National Minimum Wage Act 2000

This act sets the national minimum wage.

 

Organisation of Working Time Act 1997

This Act regulates a variety of employment conditions including maximum working hours, night work, annual and public holiday leave.

 

Protection of Young Persons (Employment) Act 1996

This Act regulates the employment and working conditions of children and young persons.

 

Terms of Employment (Information) Act 1994

This Act sets out obligations of employers to employees with regards to information on such matters as job description, rate of pay and hours of work.

 

Unfair Dismissals Act 1993

This Act address what constitutes unfair dismissal.