Contract of Employment - Template, Sample Form Pro · IE-law

CONTRACT OF EMPLOYMENT

(Part-Time Fixed-Term Contract)

This Contract of Employment (the ‘Agreement’), dated ________, is made between:

________, a company incorporated in Ireland under registered number ________ (the ‘Employer’),

of

________

AND

________ (PPS Number: ________) (the ‘Employee’),

of

________

The Employer and the Employee (together the ‘Parties’) acknowledge this Agreement to be fair, legally valid and enforceable, and undertake to observe their respective obligations set out herein. This Agreement, together with the documents referred to in it, constitutes the Employee’s written statement of terms of employment for the purposes of the Terms of Employment (Information) Acts 1994 to 2014.

Article 1: Commencement and Term

1.1. The Employee will commence part-time employment with ________ on ________.

1.2. The Employee is employed under a fixed-term contract which shall continue until ________, unless terminated earlier in accordance with this Agreement. The objective grounds justifying the use of a fixed-term contract, for the purposes of the Protection of Employees (Fixed-Term Work) Act 2003, are: ________.

1.3. Any previous service of the Employee with ________ shall count towards the Employee’s period of continuous employment in accordance with the Minimum Notice and Terms of Employment Acts 1973 to 2005 and the Redundancy Payments Acts 1967 to 2014.

1.4. The first ________ months of employment shall constitute a probationary period, during which the suitability of the Employee for the role will be assessed. The probationary period shall not exceed six months save where an extension is justified and in the interests of the Employee, in accordance with the European Union (Transparent and Predictable Working Conditions) Regulations 2022.

Article 2: Job Title and Description

2.1. The Employee will be employed under the following job title: ________.

2.2. The role of ________ consists of the following duties:

________

2.3. In addition to the duties enumerated above, the Employee agrees to perform such additional reasonable and practicable tasks as may be requested of them by the Employer from time to time.

2.4. The Employee agrees to comply with the terms and conditions of employment set out in this Agreement and with the Employer’s workplace policies, procedures and regulations. Details of these policies will be furnished to the Employee on request.

2.5. The Employee undertakes to perform all duties of employment to the best of their ability and to devote their full attention to their work during working hours.

2.6. The Employee shall report to ________.

Article 3: Place of Work

3.1. The Employee’s designated place of work will be the ________ premises at the following location:

________

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Article 4: Employee Remuneration

4.1. In consideration of the services rendered in accordance with this Agreement, the Employee shall receive remuneration at the hourly rate of ________ (________) Euro. This rate is not less than the applicable rate prescribed under the National Minimum Wage Act 2000.

4.2. The pay reference period for the purposes of the National Minimum Wage Act 2000 is ________.

4.3. Remuneration is paid at weekly intervals. The Employer will endeavour to make payment on ________, allowing for a grace period of one working day.

4.4. Where the Employee is under 18 years of age, no overtime shall be worked, in accordance with the Protection of Young Persons (Employment) Act 1996. Where the Employee is 18 years of age or over, any overtime shall be subject to the prior agreement of the Employer.

4.5. The Employee may be eligible for a discretionary bonus of a maximum of ________ (________) Euro per year. The conditions for the award of the bonus are as follows:

________

4.6. Remuneration will be paid by the following method: ________.

4.7. The Employer will deduct from the Employee’s gross income all statutory deductions, including PAYE, PRSI and USC, as required by law. No other deductions shall be made save in accordance with the Payment of Wages Act 1991.

4.8. The Employee will receive a payslip detailing gross wages and all deductions, in accordance with section 4 of the Payment of Wages Act 1991, on a weekly basis.

Article 5: Hours of Work

5.1. The Employee will work part-time, between ________ (________) hours and ________ (________) hours per week, subject to scheduling.

5.2. The Employee’s normal working hours are ________ to ________, during which the Employee shall complete the duties of their employment.

5.3. Pursuant to the Organisation of Working Time Act 1997, the Employee is entitled to the following rest periods:

(a) a daily rest period of 11 consecutive hours per 24-hour period;
(b) a weekly rest period of 24 consecutive hours per 7-day period;
(c) a break of 15 minutes where more than 4.5 hours have been worked;
(d) a break of 30 minutes where more than 6 hours have been worked (which may include the first break referred to in (c)).

5.4. The Employee shall ensure that adequate breaks are taken in accordance with their statutory entitlements.

5.5. Rest breaks shall not be counted as working time and shall not be remunerated, save where otherwise required by law.

Article 6: Absences from Work

6.1. Should the Employee be unable to attend work for any reason, including illness, bereavement or other extenuating circumstances, the Employee must notify the Employer as follows:

________

6.2. Should the Employee experience circumstances resulting in ongoing or chronic absence from work, the Employee must notify the Employer as follows:

________

6.3. The Employee is entitled to statutory sick leave and statutory sick pay in accordance with the Sick Leave Act 2022. In addition, the Employee is entitled to the following contractual sick pay: ________ (________) Euro per day, subject to the terms of the Employer’s sick pay policy.

Article 7: Annual Leave and Public Holidays

7.1. The Employee is entitled to ________ (________) days of paid annual leave per leave year, inclusive of statutory entitlement, calculated in accordance with the Organisation of Working Time Act 1997.

7.2. The Employee’s annual leave entitlement is calculated from the Commencement Date set out above. The leave year is ________.

7.3. Should the Employee fail to use their annual leave entitlement within the leave year of its accrual, unused leave up to a maximum of ________ (________) days may, with the Employer’s agreement, be carried forward into the following leave year, subject to the requirements of the Organisation of Working Time Act 1997.

7.4. The Employee is entitled to the public holidays prescribed by the Organisation of Working Time Act 1997.

7.5. The Employee must obtain the Employer’s prior approval before taking annual leave. A request to take leave on specified dates must be made at least ________ (________) weeks in advance. While the Employer will endeavour to accommodate the Employee’s request, it reserves the right to decline requests where commercially necessary.

7.6. On the expiry or termination of this Agreement, the Employee shall be paid in lieu of any accrued but untaken statutory annual leave in accordance with the Organisation of Working Time Act 1997.

Article 8: Family and Statutory Leave

8.1. The Employee is entitled to the following statutory family leave, where applicable, in accordance with the relevant legislation:

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8.2. The Employee is entitled to such further unpaid leave as may be provided for by law.

Article 9: Collective Agreements

9.1. The Employee is entitled to be a member of, or to refrain from being a member of, any trade union of their choosing.

9.2. The Employee is advised of the following collective agreement (if any) which may affect the terms and conditions of their employment: ________.

Article 10: Pension

10.1. The Employee is entitled to participate in the following pension scheme: ________. Where no occupational scheme applies, the Employer will facilitate access to a Standard PRSA in accordance with the Pensions Acts 1990 to 2015.

10.2. Full details of the above pension arrangements are set out in the following document: ________.

Article 11: Employee Benefits and Training

11.1. Additional benefits of employment, if any, are detailed in the following document: ________.

11.2. Such benefits are discretionary and subject to change by the Employer. Where the Employer decides to amend the benefits scheme, the Employee will be notified in writing in advance of any such change taking effect.

11.3. The Employee is required to undertake the following training, which, where mandatory, shall be provided free of charge and treated as working time in accordance with the European Union (Transparent and Predictable Working Conditions) Regulations 2022:

________

11.4. The Employee may be required to undertake further training from time to time.

Article 12: Insurance

12.1. ________ undertakes to maintain valid employer’s liability insurance in accordance with its obligations under the Safety, Health and Welfare at Work Act 2005.

12.2. ________ shall insure equipment and materials provided to the Employee for use in the conduct of their employment.

Article 13: Notice Period

13.1. The minimum periods of notice set out in this Article are subject to, and shall not be less than, the statutory minimum periods of notice prescribed by the Minimum Notice and Terms of Employment Acts 1973 to 2005.

13.2. Where the Employer lawfully terminates this Agreement, the Employer shall provide the Employee with ________ (________) weeks’ notice, or such longer period as may be required by law.

13.3. Where the Employee wishes to terminate this Agreement, the Employee must provide the Employer with a minimum of ________ (________) weeks’ notice.

13.4. Notice of resignation must be made in writing, state the intended termination date, and be furnished to the following person: ________.

13.5. The Employer reserves the right to make a payment in lieu of notice in respect of all or part of the notice period.

Article 14: Termination of Employment

14.1. This Agreement may be terminated by the Employer, on giving the notice referred to in Article 13, in any of the following circumstances, as provided for by law and subject to the Unfair Dismissals Acts 1977 to 2015:

(a) discontinuation of the business or part thereof;
(b) redundancy;
(c) the conduct of the Employee;
(d) the capability of the Employee;
(e) the competence of the Employee;
(f) the qualifications of the Employee;
(g) the contravention of a statutory requirement;
(h) other substantial grounds justifying dismissal.

14.2. In the event of gross misconduct, the Employer may terminate this Agreement summarily without notice or payment in lieu of notice, following a fair process in accordance with the principles of natural justice and the Employer’s disciplinary procedure.

14.3. The Employee will be furnished in writing with the procedures to be observed before, and the procedures to be invoked for, dismissal within 28 days of the Commencement Date, in accordance with the Unfair Dismissals (Amendment) Act 1993.

14.4. Nothing in this Article shall operate to exclude or limit any statutory rights of the Employee under the Unfair Dismissals Acts 1977 to 2015 or the Redundancy Payments Acts 1967 to 2014.

Article 15: Disciplinary Procedure

15.1. The Employee agrees to be bound by the ________ code of conduct and ethics, as set out in the following document: ________.

15.2. The Employee undertakes to perform the duties of employment in good faith and in compliance with the law.

15.3. The ________ disciplinary procedure has been drafted in accordance with the Workplace Relations Commission Code of Practice on Grievance and Disciplinary Procedures (S.I. No. 146 of 2000). The Employee will be furnished with the disciplinary procedure within 28 days of commencing employment.

15.4. In signing this Agreement, the Employee agrees to be bound by the ________ disciplinary procedure as set out in the following document: ________.

15.5. The Employer reserves the right to amend the code of conduct and ethics and the disciplinary procedure from time to time, and the Employee will be notified of any such amendments.

Article 16: Grievance Procedure

16.1. The Employer’s grievance procedure applies to the Employee.

16.2. The ________ grievance procedure has been drafted in accordance with the Workplace Relations Commission Code of Practice on Grievance and Disciplinary Procedures (S.I. No. 146 of 2000) and is set out in the following document: ________. It will be made available to the Employee within the first weeks of employment and on request.

16.3. ________ is an equal opportunities employer and is committed to compliance with the Employment Equality Acts 1998 to 2015.

Article 17: Data Protection

17.1. In the course of the employment, the Employer will collect, store and process personal data relating to the Employee. The Employer will process such data in accordance with Regulation (EU) 2016/679 (the General Data Protection Regulation) and the Data Protection Acts 1988 to 2018, as set out in the following document: ________.

17.2. The lawful basis for such processing includes the performance of this contract, compliance with the Employer’s legal obligations and the legitimate interests of the Employer, and not solely the consent of the Employee.

17.3. The Employee must adhere to the Employer’s data protection policy and the rules governing employees as set out in the document referred to at clause 17.1.

Article 18: Confidentiality and Non-Disclosure

18.1. In the course of employment, the Employee will become privy to sensitive and confidential information concerning the Employer’s business, clients and finances. The Employee shall not, during or after the employment, disclose such confidential information to any third party, save as required in the proper performance of their duties or as required by law.

18.2. For the purposes of this Agreement, ‘confidential information’ includes, but is not limited to, the following:

________

18.3. Nothing in this Article shall prevent the Employee from making a protected disclosure within the meaning of the Protected Disclosures Act 2014.

Article 19: Return of Company Property

19.1. On the termination of this Agreement, for whatever reason, the Employee undertakes to return to the Employer all property belonging to the Employer that is in the Employee’s possession or under their control.

19.2. Such property includes, but is not limited to, equipment, documents, keys, access cards, electronic devices, records, files and any confidential information, whether in physical or electronic form.

19.3. The Employee shall not retain any copies, extracts or reproductions of any such property or confidential information following the termination of their employment.

Article 20: Modification of Agreement

20.1. The core terms of this Agreement may only be modified with the consent of both the Employee and the Employer. For the purposes of this Agreement, ‘core terms’ include the following:

(a) Commencement Date;
(b) contract duration;
(c) place of work;
(d) hours of work;
(e) remuneration;
(f) annual leave;
(g) pension.

20.2. Minor changes to the other terms of this Agreement may be made by the Employer to reflect changes in law, work practices or policies, and the Employee will be notified in writing of any such change at the earliest opportunity and not later than the date on which it takes effect, in accordance with the Terms of Employment (Information) Acts 1994 to 2014.

Article 21: Governing Law and Jurisdiction

21.1. This Agreement shall be governed by and construed in accordance with the laws of Ireland.

21.2. The Parties submit to the exclusive jurisdiction of the courts of Ireland and to the jurisdiction of the Workplace Relations Commission in respect of any dispute arising out of or in connection with this Agreement.

Article 22: Severability and Entire Agreement

22.1. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

22.2. This Agreement, together with the documents referred to in it, constitutes the entire agreement between the Parties and supersedes any prior agreement or understanding relating to the employment.

Article 23: Declaration

I, ________ (the Employee), confirm that I have read and understood the terms and conditions set out in this Contract of Employment and accept them in their entirety.

Signed by the Employee:

___________________

________
Job title: ________
Date: ________

Witnessed by:

___________________
Name: ________
Address: ________

Signed for and on behalf of the Employer:

__________________

________ (________) of ________
Date: ________

Witnessed by:

___________________
Name: ________
Address: ________