Resourcing

Fixed-term contracts are permitted as long as they are not renewed more than two times and give the holder equivalent employment terms and conditions (apart from tenure) as permanent employees …

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There is no limitation on any forms of distant working …

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◉ Five-day statement Within five days of commencing work an employee must be given core details concerning their employment contractual rights …

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A code of practice on teleworking was issued by the Irish government in 2000 …

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All employment agencies must be licensed by the Ministry for Enterprise, Trade and Employment (Employment Agency Act 1971) …

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An employer may require a job applicant to undergo a medical examination before a final job offer is made …

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The Protection of Employees (Part-Time Work) Act 2001 forbids most forms of discrimination against part-time workers …

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◉ Non-compete clauses ➠ Are such clauses lawful? There is no specific clause in the Constitution to permit restrictive covenants and no law setting out the terms of non-compete clauses in employment contracts …

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Fixed-term contracts may be concluded for any period, but the aggregated duration of two or more fixed term contracts may not exceed four years – unless objective grounds justify the renewal of a contract for a fixed term only …

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An employment contract exists when an individual undertakes certain tasks for an employer and receives regular pay …

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A number of tests have been applied by the Irish courts to determine if an individual is an employee or independent contractor …

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Employers are generally free to enquire whether prospective employees have a criminal record and to seek details where a job calls for a particularly high level of trust and responsibility …

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The Protection of Employee (Temporary Agency Work) Act 2012 applies to all agency workers temporarily assigned by an employment agency to work for, under the direction and supervision of, a hiring company …

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