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Employment Claims

Terms and Conditions of Employment-5 Employment Claims Commonly Brought to the WRC

terms and conditions of employment

There are 5 claims which can be broadly categorised under a heading of “terms and conditions of employment”, which can be the subject of claims to the Workplace Relations Commission.

Here they are:

  1. You did not receive a written statement of your terms of employment

Section 3 of the Terms of Employment (Information) Act, 1994 provides that an employer must give you a statement within 2 months of starting employment. Statutory instrument no. 49/1998 requires additional information to be given to the employee:

  • a statement in writing containing particulars of the times and duration of the rest periods and breaks
  • a reference to any registered employment agreement or employment regulation order which applies to the employee and confirmation of where the employee may obtain a copy of such agreement or order
  • the rate or method of calculation of the employee s remuneration and the pay reference period for the purposes of the National Minimum Wage Act, 2000
  • that the employee may, under section 23 of the National Minimum Wage Act, 2000, request from the employer a written statement of the employee s average hourly rate of pay for any pay reference period as provided in that section
  1. You weren’t notified in wiring of a change to your terms of employment

Section 5 of the Terms of Employment (Information) Act, 1994 covers this and provides that an employer advise you in writing of any such change within 1 month.

  1. Your employer is not keeping statutory employment records

S.I. No. 36/2012 – European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 covers this. The employer must keep a written record of the working pattern, breaks, etc. of a mobile worker.

  1. You were not told by the employer about the working hours regulations applicable to the road transport sector

Regulation 11 of SI 36/2012 stipulates the obligation in this regard.

  1. You work in mobile transport and your employer won’t give you records of your hours worked

Regulation 12 of SI 36/2012 covers this obligation.

 

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