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:
- 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
- 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.
- 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.
- 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.
- 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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