Employment rights
This section outlines members’ legal entitlements under Irish employment law. These are legal minimums and, in very many cases, Fórsa has negotiated superior entitlements in local or national agreements. The information in this section is intended for guidance only and it is not a complete or authoritative statement of the law. You can get more information from the Workplace Relations Commission or Citizens Information.
The purpose of this section is to provide information to Fórsa branches and members. It is not intended as a complete or authoritative statement of the law.
Adoptive leave
The Adoptive Leave Acts 1995 and 2005 entitle adopting mothers or a sole male adopter to a minimum of 24 consecutive weeks of adoptive leave from work, with a social welfare benefit in most cases. Click here for more details
Carers’ leave
The Carer’s Leave Act 2001, entitles employees to unpaid leave to enable them to personally provide full-time care and attention for a person who is in need of such care. Click here for more details.
Conditions of employment
The Terms of Employment (Information) Act 1994, entitles all employees to a written statement of their terms of employment. Click here for details and relevant links
Deductions from pay
The Payment of Wages Act 1991, provides that, with every wage packet, every employee has the right to a written statement of their pay and deductions.
Disciplinary procedures
Specific disciplinary procedures are not set down in law. Most medium and large employments have procedures that have been agreed with Fórsa and other unions.
Discrimination
The Employment Equality Acts 1998-2015 promotes equality and outlaws discrimination at work.
Fixed-term workers
The Protection of Employees (Fixed-Term Work) Act 2003, outlaws discrimination against staff on fixed-term contracts unless there are ‘objective grounds’ for variations in pay and conditions.
Grievance procedures
Grievance procedures are not set down in law. Most medium and large employments have procedures that have been agreed with Fórsa and other unions.
Health and safety
The Safety, Health and Welfare at Work Act 2005, sets out legislative protection in safety, health and welfare matters in all places of work.
Leave
The Organisation of Working Time Act 1997, sets out minimum legal entitlements to paid leave.
Maternity protection
The Maternity Protection Acts 1994 and 2004 apply to employees who are pregnant, have recently given birth, or who are breast feeding.
Minimum wage
The National Minimum Wage Act 2000, and the National Minimum Wage Order 2017 provides that from the 1 January 2018, an experienced adult worker must be paid an average hourly rate of €9.55.
Part-time workers
The Protection of Employees (Part-Time Work) Act 2001, says that part-time employees, cannot be treated in a less favourable manner than a comparable full-time employee in relation to conditions of employment.
Paternity leave
The Paternity Leave and Benefit Act 2016 entitles new parents (other than the mother of a child) to two weeks’ paternity leave following the birth or adoption of a child born or adopted after 1st September 2016.
Protection for whistleblowers
The Protected Disclosures Act 2014 protects workplace whistleblowers – people who reveal fraudulent or other unlawful behaviour – and has been strengthened with measures to prevent employers sacking staff who blow the whistle.
Public holidays
The Organisation of Working Time Act 1997, provides for nine public holidays.