Employment Legislation Compliance

 

FTMTA has repeated on a number of occasions in recent years the importance of member firms ensuring that they are fully compliant with the various aspects of employment law and regulations. Many members attended the regional seminars delivered in late 2009 and early 2010 during which this area was addressed in some detail. 

Among other points that an employer must be compliant with are:

  • the Terms of Employment (Information) Act 1994 which requires that all employers provide a written statement of terms and conditions of employment to each employee
  • the Organisation of Working Time Act 1997 which imposes positive obligations on employers in relation to employee working hours, breaks and annual leave
  • the National Minimum Wage which since July 1st of this year has been restored to €8.65 per hour. The National Minimum Wage applies to all employees except:
  • Employees in industries (such as the construction industry) which are covered by registered employment agreements (REA’s) and Employment Regulation Orders (ERO’s), entitling their workers to a higher minimum wage
  • Employees who are in their first year of employment since turning the age of 18 (€6.92 per hour)
  • Employees who are under 18 years of age (€6.06 per hour)
  • Employees who are in their second year of employment since turning 18 (€7.79 per hour)
  • Employees who are close relatives of the employer
  • Employees undergoing structured training such as an apprenticeship 

The Association has previously advised that member firms should ensure that statements of terms and conditions are in place and that all Organisation of Working Time Act related records are up to date.

The employment law area is one in which the onus of proof is placed on the employer to prove their compliance. The basic requirements are not difficult to meet and many firms are happy to deal with the matter themselves. The Association can supply a sample of a basic generic written statement of terms and conditions of employment on request and from that it is quite easy to develop one for a specific business.

Other firms may feel that this is a specialist area and is best left to subject experts in that field. To assist member firms who may feel more comfortable outsourcing the issue, the Association has made arrangements with a Kilkenny based HR firm, Insight HR, to offer a service to FTMTA members.

In recent days, all member firms should have received a communication from the Association containing details about Insight HR and the service that they are offering to FTMTA members.  

Whether a firm chooses to deal with the issue themselves or to use a service provider such as Insight HR, this matter is one which all employers should take seriously and endeavour to become fully compliant in as soon as possible.

Any member firm who did not receive the details of this facility and who is interested in considering it should contact the Association for further information.

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