Updated Guidelines on the Protection of Employee (Fixed Term Work) Act 2003
Updated Guidelines on the Protection of
Employee (Fixed Term Work) Act 2003
VERSION 1
OCTOBER 2006
HSE Employers Agency – Fixed Term Work
October 2006
TABLE OF CONTENTS
TABLE OF CONTENTS
2
1. INTRODUCTION
3
2. PURPOSE OF THE LEGISLATION
3
3. NON-DISCRIMINATION IN TERMS AND CONDITIONS
4
4. REGULATING THE USE OF FIXED TERM CONTRACTS
7
5. INITIAL FIXED TERM CONTRACT
7
6. RENEWING A TEMPORARY CONTRACT
8
7. OBJECTIVE GROUNDS
9
8. CONTRACTS OF INDEFINITE DURATION
11
9. PERMANENT AND INDEFINITE DURATION - DIFFERENT?
12
10.
ACTING UP
13
11.
OBJECTIVE JUSTIFICATION
13
12.
INFORMING RE PERMANENT VACANCIES
14
13.
ANTI-AVOIDANCE PROVISIONS
14
14.
RELIEF STAFF
15
15.
SUMMARY
17
16.
APPENDIX 1 – TYPES OF CONTRACTS
18
2
1. Introduction
The Protection of Employees (Fixed-Term Work) Act 2003 which came into force on
the 14th July 2003, has had major implications for the employment of temporary staff
in the health service. This document is intended to update the guidelines which were
issued by the Agency in April 2004, and to provide up-to-date information on the
most salient provisions of the legislation to date.
There is a lot of confusion in the health service about the definition of fixed term and
to whom the label applies. In health service parlance fixed term employees were
traditionally described as temporary and persons employed on contracts of indefinite
duration were traditionally described as permanent. There are a number of scenarios
for which the term “temporary” is used in the Health Services1. These scenarios
derive from the fact that traditionally employees who were not recruited as permanent
employees through open competition were described as temporary regardless of the
purpose or duration of their employment. Employees who fell into this category
include:
A. Employees employed to fill vacant posts pending their permanent approval
and filling.
B. Persons employed for a specific initiative.
C. Locums – i.e. persons who fall into this category include individuals employed
either on a once-off short-term basis or those employed intermittently on an “if
and when required” basis.
D. People employed as “temps”. Frequently such employees are issued with
“reminder” temporary contracts on a regular basis, e.g. every 6-months.
2. Purpose of the Legislation
The purpose of Fixed Term Work Act is:
(i)
To improve the quality of fixed-term work through the application of
the principle of non-discrimination by ensuring that fixed term /
temporary workers are not treated less favourably than comparable
1
We are not suggesting that these are genuine fixed term scenarios.
3
permanent workers; i.e. they must be provided with the same terms and
conditions of employment (other than tenure).
(ii)
To prevent abuse arising from the use of successive fixed-term
employment contracts by regulating the use of fixed-term / temporary
employment contracts. The employer is required to provide information
relating to the purpose and duration of the employment when issuing
contracts of employment to temporary staff.
(iii)
The law provides for a maximum duration of successive fixed term
contracts after which they are deemed to be permanent contracts. By
operation of the law the “offending” term (i.e. temporary or fixed term) is
severed from the contract thus altering its status from one of definite
duration to one of indefinite duration.
3. Non-Discrimination in relation to Terms and Conditions of
Employment
Temporary employees are entitled to be treated in the same manner as comparable
permanent employees, unless the difference in treatment can be objectively justified.
Comparable permanent employees are persons who perform the same work as the
temporary employees under the same or similar conditions. Temporary / fixed term
employees are also entitled to be treated on an identical basis to the permanent
employees if the work performed is different but of equal or greater value to that of
the permanent employees.
Temporary employees may work part-time or whole-time hours of attendance. If
temporary employees work part-time, their comparable employees are equivalent
permanent part-time staff. If the temporary employees are whole time, then the
equivalent permanent whole-time employees are the comparators. It is up to the
temporary employee to choose their comparator.
All fixed term employees are entitled to the same terms and conditions of
employment as their permanent counterparts from the first day of their employment
unless there are objective reasons for a difference in treatment. The following are
some examples of conditions of employment which apply equally to fixed term staff.
4

If the employer operates an induction programme it is important that
temporary staff would be provided with an opportunity to undergo a similar
programme. The purpose of a probationary period is to establish an
employee’s suitability for the position; this should be done in the time of entry
and not in the fourth year of employment.

Temporary employees are entitled to the same annual leave as permanent
employees on a pro-rata basis; e.g. employees on a six-month temporary
contract are entitled to half the annual leave entitlement of comparable
permanent employees. Service related annual leave entitlements may continue
to be granted but there should be no distinction between permanent and
temporary service for the purposes of accruing this entitlement; e.g. where an
extra annual leave day is granted to permanent employees on completion of 2
year’s service, this entitlement must also extend to temporary employees.

All temporary employees on maternity leave are entitled to receive maternity
pay. However should the temporary contract expire before the end of the
maternity leave, maternity pay will not be paid beyond the expiry date of the
contract (except in the cases of NCHDs).

Temporary employees are entitled to access to pension schemes on the same
basis as their permanent counterparts where they work at least 20% of the
hours of the comparable permanent employee.

Temporary employees are entitled to the same sick pay as permanent
employees on a pro-rata basis; e.g. where a permanent officer is entitled to six
months full pay and six months half pay in a four year period, a temporary
officer employed on a one year contract would be entitled to one quarter of
this entitlement. The local rules of sick pay schemes must apply equally to
both temporary and permanent staff e.g. rules relating to uncertified days
should be granted on a pro-rata basis.
5

Temporary employees are entitled to the same treatment as permanent
employees in the workplace. This includes access to training, performance
review, personal development planning or any other treatment which
helps the employees to perform the job to the best of their ability.

All temporary service must now be reckoned the same as permanent service
for the purpose of access to permanent competitions. This means that there
can be no distinction between permanent or temporary service for access to
promotional posts.

The employer may be able to objectively justify different treatment of
temporary staff however the grounds for the different treatment must be based
on considerations other than the temporary status of the employees. For
example the non-grant of flexible working to a fixed term employee in a very
specialised area on the basis that there is no one available to cover the shortfall
in hours and the employer has clearly established that the employee in this
instance cannot be accommodated, this could be deemed to be an objective
ground as it could be argued that the requirement to work whole-time and it
would achieves a legitimate objective of the employer and is appropriate and
necessary for the purpose. E.g. the employer requires a project to be
completed by a specific time frame and it is necessary to have a whole-time
person.

Statutory leaves such as maternity leave, parental leave, adoptive leave,
Force Majeure leave, annual leave and public holidays all have their own
qualifying conditions and these conditions are not necessarily affected by this
legislation.
6
4. Regulating the Use of Fixed Term Contracts – Section 8
Section 8 of the legislation is particularly important from the health service
perspective and requires employers to rethink the way they administer fixed term
contracts. The legislation is not intended at limiting the use of fixed-term contracts
per se. Rather it is intended to prevent the successive use of fixed-term contracts in a
manner which is deemed to constitute abuse. Recent decisions under the Fixed Term
Work legislation have reinforced the importance of the correct administration of fixed
term contracts, both at the initial stage and the renewal stage. The Act itself stipulates
certain information must be provided to all fixed term employees in their contracts of
employment. This aspect of the Act is one which employers must pay special
attention to. Local managers must be extremely vigilant to ensure that the temporary
contract reflects the specific circumstance of each individual’s temporary
employment. The information that must be stipulated in each contract is as follows:
Initial Fixed Term Contract
At the commencement of an employee’s temporary employment s/he should be
provided with a contract, which in addition to providing the standard information
relating to the terms and conditions of employment, should include information
relating to the employment circumstances and the objective reason which will bring
about the termination of their contract, i.e.

Reaching a specific date, e.g. 31st December 2006

Completing a specific task – until the research project has been completed

The occurrence of a specific event - the employee who you have replaced
returns from maternity leave
These conditions must be specified in writing in the contract of employment in a
timely manner.
NB –Specific Purpose Contracts
Many fixed term employees are employed for a specific purpose the length of time for
which they will be employed may not be capable of being determined at the initial
appointment stage, e.g. they are employed in a post pending it being filled in a
7
permanent capacity through open competition. This type of fixed term employee
should be issued with a Specific Purpose contract, which outlines the specific purpose
for which they are employed clearly stipulated on the contract and the specific event
which will bring about the contract’s termination.
Example 1:You are employed pending the filling of the post on a permanent basis
through open competition (or the Public Appointments Service). Your employment
will terminate when the permanent employee takes up duty.
Example 2: You are employed to cover the career break of Mr John Smith. Your
employment will terminate upon Mr Smith returning to work at the termination of his
career break.
Example 3: You are employed under the Waiting List Initiative. This is a temporary
post and your employment will terminate when the Waiting List Initiative comes to an
end.
If the person’s employment is terminated at the cessar of the purpose specified in the
contract or on the expiry date of the initial fixed term contract, i.e. there is no renewal,
the employee has no further entitlements under this legislation and s/he will not
qualify for a contract of indefinite duration. Specific purpose contracts should not be
renewed except in very exceptional circumstances.
Renewing a Temporary Contract
Where it is intended to extend or renew a fixed term contract the employer must
specify in writing the grounds which will bring about the termination of the contract:

Arriving at a specific date, e.g. 1st July; or

Completing a specific task, e.g. finishing a research project; or

The occurrence of a specific event, e.g. the return of a permanent employee
following maternity leave.
The employer must also advise the employee in writing of the objective reasons (see
page 7 overleaf) for the renewal of the fixed term contract and the reason as to why
8
s/he is not being offered a permanent contract. This information must be set out in
writing to the employee no later than the date of the renewal. Employers cannot
retrospectively supply this information to the employee. It is also not sufficient to
make assertions such as “All Consultants know that permanent posts as filled through
the PAS” or “the NCHD knew that they were participating on a training scheme”.
Objective Grounds
The purposes of Section 8 is not just to ensure that a fixed term employee is informed
about the reason that his /her contract is being renewed, the contract must also
stipulate an objective ground justifying its renewal which must be based on
considerations other than the temporary status of the employees. This means that the
practice of automatic renewal of the temporary contracts without real regard to the
circumstances which give rise to the renewal is no longer permitted. Employers
must examine the circumstances of all fixed term employees when they are drawing
up their contracts.
The purpose of this Section also extends to ensuring that the employer has clearly
established that it has no option but to renew the contract on a temporary basis.
Section 8 and Section 9 of the legislation are therefore linked as the rationale for the
renewal of the contract on a fixed term basis will frequently be the same rationale for
the denial of indefinite duration status where the criteria under the legislation is met.
Employers must be able to show that they gave proper consideration to granting the
employee a contract of indefinite duration, but real and objective reason exist for
continuing the employee on a fixed term basis and these reasons are outlined to the
employee in their renewal contract, i.e. the operational reality of the person’s
employment is outlined to the employee in the paperwork that is furnished to them.
The continuation of employees employed on a fixed term basis must correspond to a
real need on behalf of the organisation and reflect the reality of that need, i.e. the
contract renewal shouldn’t merely be a function of administration.
Example:
A person has been employed on a fixed term basis to cover another
member of staff’s maternity leave. The permanent employee has now returned from
maternity leave so the purpose for which the fixed term employee was employed has
been fulfilled. However another member of staff has gone on sick leave and you wish
9
to retain the person on a fixed term basis to cover the vacancy caused by the sick
leave. The following detail must be inserted in the renewed contract:
You are employed to cover for Ms Celia Murphy while she is on sick leave. Your
employment with the HSE will terminate when Ms Murphy returns from sick leave.
You are not being offered a contract of indefinite duration as Ms Murphy is the
permanent holder of this post.
Termination of Contracts
If the renewed contract terminates before the employee comes within the scope of S.
9(1) or (2) of the Act then the employee has no further entitlement under this
legislation (however there is anti-avoidance measures that the employer needs to be
aware of which are outlined in this document below).
10
5. Contracts of Indefinite Duration – Section 9
Section 9(1) of the legislation states that existing temporary employees who were in
employment when the legislation came into force i.e. 14th July 2003; had completed
three or more year’s continuous service with their employer, may have had their
contracts renewed only once more by the employer for no longer than one year.
Following the next renewal the temporary contract would be deemed a contract of
indefinite duration.
Section 9(2) of the legislation states that where fixed term employees are recruited
after the passing of the Act and are employed on two or more continuous temporary
contracts the total duration of these contracts may not exceed four years or the
contract will be deemed to be permanent.
For example, an employee whose two year initial fixed-term / temporary contract is
subsequently renewed will be automatically deemed to have a contract of indefinite
duration when a four year aggregate has been exceeded.
When the timeframes provided in the legislation have been exceeded the fixed term
designation has no effect and the contract concerned shall be deemed to be a contract
of indefinite duration. Conversion from fixed term (temporary) designation to
indefinite duration status cannot be made dependent on certain conditions by the
employer, e.g. subject to satisfactory references or undergoing a medical assessment.
While it may be good practice to obtain references for all temporary staff and be
proactive with regard to their safety, health and welfare, the employee’s rights under
this legislation are not dependent on any particular conditions set down by the
employer. In FTL/05/11 Determination No. 063 the Labour Court state “The
expression “contract of indefinite duration” should be understood in
contradistinction of a contract of definite duration on a fixed term contract. The
terms and conditions of a contract of indefinite duration which comes into being by
operation of Section 9(3) must therefore be the same as those contained in the fixed
term contract from which it is derived as modified by Section 6 in all respects other
11
than its fixed term duration.” This confirms that there is no offer and acceptance of a
contract of indefinite duration, it happens automatically by virtue of the legislation.
Where an employee acquires indefinite duration status as a result of Section 9(1) or
(2) of the Act they will be entitled to the same terms and conditions of employment
that they enjoyed heretofore, the only difference being the change in the tenure of
their contract. i.e. their contract alters from one of definite duration to one of
indefinite duration, their remaining terms and conditions of contract are unaffected.
An employee is only entitled to what they had before they became an indefinite
employee, e.g. a Locum employee would not be entitled to whole-time hours by virtue
of the fact that s/he acquire indefinite duration status. Instead s/he would acquire an
entitlement to locum work on the same basis as heretofore on an indefinite basis.
Distinction between permanent and indefinite duration?
The question has been asked as to whether or not there is a distinction between
permanent employees and employees who acquire indefinite duration status under the
Act. This issue was addressed in a decision under this legislation by the Rights
Commissioner, who defined a contract of indefinite duration as follows:
“A person who has an expectation that subject to the normal date of
retirement in the employment, she will be retained in the employment and will
not be dismissed without there being any good reason such as misconduct or
unfitness for her position, or other compelling or unavoidable circumstances.
Any dismissal shall be achieved by the application of the agreed termination
arrangements for her employment or the application of the relevant Statute as
the case may be by reference to the comparable employee, in this case, an
established civil servant.
The Labour Court subsequently upheld this view.
There is no distinction therefore in practical terms between either category of
employee and the term indefinite duration could be used to describe all employees
who are not employed on a fixed term basis.
12
It should be noted that indefinite duration/permanent status does not mean that the
employee’s employment cannot be terminated on grounds of misconduct, capability,
redundancy or any of the grounds set out in the Unfair Dismissals Act, 1977-2001.
Acting Up
If a temporary employee is acting in a higher position their entitlement will merely be
to their substantive post. The acting up arrangement would continue to run its course
and the employee would revert to a substantive post when appropriate, i.e. the
indefinite duration status does not impact on the acting up arrangement one way or
another. This position was confirmed by the Labour Court in the Northern Area
Health Board and Christina Hughes case. However it is important that the temporary
nature of the acting up arrangement should be pointed out to the employee.
Objective Justification for the Non-Grant of Indefinite Duration Status
As outlined above, there may be objective grounds for continuing the employee on a
fixed term basis after they have exceeded the time limits as outlined in Section 9(1) or
9(2) of the Act. The Rights Commissioners and Labour Court to date have followed
the objective justification test which was set by the European Court of Justice (ECJ).
To prove that objective grounds for continuing an employee on a fixed-term basis the
employer must be able to demonstrate that there is:

A real need – must be essential

The means chosen are appropriate – must be proportionate

Necessary – Demonstrate no alternative ways of achieving the objective in
view.
As the entitlement to a contract of indefinite duration under this legislation derives
from a European Directive employers will find it extremely difficult to meet each of
the above criteria unless the reasons for not granting indefinite duration status to an
employee are extremely compelling. The requirement to satisfy domestic rules or
legislation so far has not satisfied the criteria in cases taken before third parties.
Additionally, following the rationale of the Rights Commissioners and the Labour
Court in recent decisions if the employer wishes to plead objective justification, the
13
objective reason must have been identified to the employee at the time that the
contract is being drawn up. If the objective ground has not been officially outlined to
the employee in writing at the date of the contract renewal (as required by Section
8(2)) it would appear that the employer cannot rely on these objective grounds for the
non-grant of indefinite duration status to an employee, after they come within the
timeframes of Section 9(1) and (2) and the employer wishes to plead a defence under
Section 9(4).
6. Informing Fixed Term Employee About Permanent
Vacancies – Section 10
This Section requires employers to formally notify all temporary employees of any
permanent vacancy that arises in the employment. It is, therefore, particularly
important temporary employees are informed when permanent posts are advertised.
This can by done by way of placing an advertisement in a suitable public location.
This obligation applied to promotional posts as well as posts at the same level of as
the fixed term employee.
7. Anti-avoidance provision – Section 13
Where the employer decides not to renew a fixed-term contract or offer a permanent
appointment, the decision for the termination must correspond with the information
provided in the contract, and the employment should not merely be terminated
because the timeframes as provided for in Section 9(1) or (2) are within sight. Section
13(i)(d) of the legislation prohibits an employer from dismissing an employee if the
dismissal is “wholly or partly for or connected with the purpose of the avoidance of a
fixed-term contract being deemed to be a contract of indefinite duration under section
9(3). A decision to terminate could also give rise to a claim under the Unfair
Dismissals Acts, 1977-2001 if the employee perceives that the employment did not
genuinely end i.e. there is still an ongoing requirement for the work performed by the
employee.
14
8. Relief Staff
The Health Service employs locum staff on an “if and when” basis to ensure
continuity of services. The requirements for these staff vary from time to time. The
reason for their employment is to cover short-term sick leave, annual leave, maternity
leave, and other exigencies as they arise. There are no guaranteed minimum hours
provided in the contracts, as the HSE cannot predict what level of exigency might
arise. These employees do not have designated substantive posts but “fill in” for other
employees when required at any particular time. Traditionally these staff received
fixed term contracts for each stint of work that they undertook, without a commitment
for any future employment. However in reality these arrangements continue
indefinitely, and this contractual arrangement can be deemed one of indefinite
duration, i.e. Relief / ‘If and When’ contracts of indefinite duration. These contracts
do not confer an entitlement to guaranteed hours or continuous employment, however
it does confer an indefinite employment relationship based on a relief basis, i.e. there
is no termination of the employment relationship at the end of each stint of
employment.
NOTE:
At the outset it is important to note that the majority of temporary employees who
have twelve months continuous service come under the scope of the Unfair
Dismissals Act, 1977-1993, except where they are excluded contracts under the Act
where the contract comes to an end at the cessar of the purpose and the contract
specifically provides for this exclusion. The Act provides that temporary employees
cannot be “let go” merely because they do not have a “permanent” designation. The
legislation does not distinguish between “temporary” and “permanent employees”; it
is the employee’s length of service that determines whether or not s/he comes within
the scope of the Act.
The Unfair Dismissals Act provides that a dismissal is deemed to be unfair unless
there are substantial grounds to justify it. Substantial grounds in the main include:
capability, competence or conduct of the employee. Describing the contract as
temporary contract does not constitute substantial grounds to justify a dismissal.
Therefore where temporary employees who are “let go” after they have acquired
15
twelve months service may claim unfair dismissal under the Unfair Dismissals Act
1977-1993. The employer would then have to prove that the termination was due to
the temporary purpose / work for which the employee was recruited ceasing to exist
and was fair in all the circumstances.
16
9. Summary
The purpose of Fixed Term Work Act is:
(iv)
To improve the quality of fixed-term work through the application of the
principle of non-discrimination by ensuring that fixed term / temporary
workers are not treated less favourably than comparable permanent
workers
(v)
To prevent abuse arising from the use of successive fixed-term
employment contracts by regulating the use of fixed-term / temporary
employment contracts.
(vi)
The law provides for a maximum duration of successive fixed term
contracts after which they are deemed to be permanent contracts.

All fixed term employees are entitled to the same terms and conditions of
employment as their permanent counterparts from the first day of their
employment unless there are objective reasons for a difference in treatment.

Employers should seek from the outset the reason the employee is being
recruited on a fixed-term basis and where possible issue a Specific Purpose
Contract. If this is not possible a fixed term contract should be issued. If
there is no renewal of these contracts the employee has no further entitlement
under this legislation.

Where it is intended to extend or renew a temporary / fixed term contract the
employer must specify in writing the grounds which will bring about the
termination of the contract. However the employer must also advise the
employee in writing of the objective reasons for the renewal of the fixed term
contract and the reason as to why s/he is not being offered a permanent
contract. This information must be set out in writing to the employee no later
than the date of the renewal.

When the timeframes provided in the legislation have been exceeded the
“temporary” designation has no effect and the contract concerned shall be
deemed to be a contract of indefinite duration.

There may be objective grounds for continuing the employee on a fixed term
basis after they have exceeded the time limits as outlined in Section 9(1) or
9(2) of the Act.
17
Appendix 1
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10.Different Types of Contract
Introduction
The foregoing section has set out the terms and conditions of employment which
should be communicated to the employee. This section sets out information in
relation to the different forms of employment and includes model contracts which
cover the various types of employment relationships, for example:
-
Fixed term employment – temporary,
-
Specified purpose employment - temporary,
-
Indefinite duration employment - permanent,
-
Employment on a relief basis.
Guidance is offered to managers in relation to the proper use of these contracts.
19
Fixed Term Employment - Temporary
Employees who are employed to cover short-term exigencies should be issued with
contracts of employment which reflect the specific circumstances for which they are
employed including all of the standard temporary exigencies such as annual leave,
sick leave, etc. A sample fixed term temporary contract is attached and this contract
maybe issued to cover all temporary requirements.
To ensure compliance with the Protection of Employees – Fixed Term Work Act
2003, the purpose / duration of the temporary contract should be identified. It is
important to determine at the outset which circumstance will be about the termination
of the contract:

Reaching a specific date, e.g. 31st December; or

Completing a specific task, e.g. building of a hospital wing; or

The occurrence of a specific event, e.g. the particular exigency comes to an
end such as the return of a person / persons from long term sick leave / annual
leave, or the filling of the particular post on a permanent basis.
It is important to note that there is no barrier in the legislation to the renewal of this
type of contract but the employer must have objective reasons for doing so. The
temporary contract may be deemed to be a contract of indefinite duration (i.e.
permanent) after certain time periods
20
SAMPLE CONTRACT - Fixed Term Employment
21
Name & address of Employer
Name of Employee:
_____________________
Reference Number:
_____________________
Address of Employee:
_____________________
_____________________
_____________________
1. Title
You are employed as _____________________________________.
2. Commencement Date
Your employment with the _______________ (Employer) will commence on
_____________ (date).
3. Purpose, Duration and Termination
The _______________(Employer) requires short-term temporary staff for
_____________________________________________ (e.g. summer period). Your
employment duration will be for the fixed-term period from ____________ to
_________________.
Your employment with the _______________ (Employer) shall cease on _________.
The Unfair Dismissals Act, 1977-2001 shall not apply to your dismissal consisting only
of the expiry of your contract on this date.
4. Location
You will be employed in __________________ (e.g. Hospital).
Your initial assignment will be to _______________________________________ (e.g.
service area, ward, etc.).
You may be required to work in any service area within the vicinity as the need arises.
5. Reporting Relationship
You will report to _____________________________ or other nominated manager
(e.g. Director of Nursing, Head of Services, etc.).
6. Duties
The main duties of your position are set out in the attached job description.
In addition to your normal duties, you may be required to undertake other duties
appropriate to your position as may be assigned to you, including deputising as
appropriate.
7. Policies/Legislation
You are required to comply with legislation /policies which have particular application to
your position (e.g. Trust in Care, Children First, etc.). Details of these policies will be
communicated to you by your manager.
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8. Remuneration
The approved salary scale (as at dd/mm/yyyy) for your post is
__________________________________________________________________
(list points on scale)
You will be paid at the ___________ point of the scale, i.e. € ______________ per
annum, with an increment date of _________________. This will be adjusted in line
with any applicable nationally negotiated increases for your grade.
Statutory deductions will be made in respect of PAYE and PRSI (Class A).
You will be paid ____________ (e.g. fortnightly) in arrears by paypath. Should you
work part-time you will be paid on a pro rata basis.
9. Required Hours of Attendance
The standard weekly working hours of attendance for your grade are _________ hours
per week. Your normal weekly working hours are ___________ hours. Contracted
hours which are less than the standard weekly working hours for your grade will be
paid pro rata to the full time equivalent.
You will be rostered over seven days of the week, i.e. Monday through Sunday (insert
if appropriate to the grade). Starting / finishing times and duty days will be notified to
you by your manager.
Where you are required to work unsocial hours and/or night duty you will be
remunerated at the nationally approved rates for your grade.
You may be required to work overtime, remuneration for which will be in line with
nationally approved rates for your grade.
10. Annual leave
Annual leave and public holidays are granted in accordance with the provisions of the
Organisation of Working Time Act, 1997. The annual leave entitlement for your grade,
based on the standard hours of attendance is __________ days per completed year of
service. You are entitled to pro-rata of this amount for periods of employment of less
than one year.
11. Superannuation / Pension
You will be covered by the terms of the _____________ Superannuation Scheme. You
will be required to contribute to the scheme. Details of the scheme are available from
________________________.
12. Performance Review
Your performance will be regularly reviewed during your employment which will involve
discussions between you and your supervisor in relation to your performance and
conduct.
13. Code of Conduct
You will be expected to abide by the staff rules, codes of conduct and dress as laid
down by the _______________(Employer) from time to time.
23
14. Other employment
To ensure compliance with Section 33 of the Organisation of Working Time Act 1997,
in respect of double employment and the number of hours worked during a reference
period, the _______________(Employer) requests that you advise of any outside
employment for which you receive remuneration.
You should not engage in any gainful occupation, other than as an employee of the
_______________ (Employer), to such an extent as to impair the performance of your
duties or which might be inconsistent with the discharge of your duties as an employee
of the _______________ (Employer), or which conflicts with the interests of the
_______________ (Employer).
15. Sick leave
You are covered by the _______________ (Employer’s) sick leave scheme, applicable
to your grade, details of which are set out in the staff handbook.
16. Grievance Procedure
You have the right to seek redress in respect of any aspect of your terms and
conditions of employment under the _______________( Employer’s) grievance
procedure. Should you have a grievance you should follow the grievance procedure
which will be issued to you on commencement of your employment.
17. Disciplinary Procedure
The _______________ (Employer) requires that you conduct your duties in such a way
as to achieve high standards of work practice and patient care. In the event of your
failure to achieve these standards the disciplinary procedure will be invoked. A copy of
the _______________( Employer’s) disciplinary procedure will be issued to you on
commencement of your employment.
18. Health and Safety
The _______________(Employer) is committed to ensuring the safety, health and
welfare of its staff and, to this end, a safety statement has been prepared setting out all
the safety arrangements which are in force.
All staff at the
_______________(Employer) also have a legal obligation in relation to safety, health
and welfare at work and are required to follow the guidelines contained in the
_______________ (Employer’s) safety regulations / safety statement. You are obliged
to familiarise yourself with the _______________(Employer’s) safety regulations /
safety statement arrangements in relation to your own employment and you have a
responsibility to adhere to these at all times.
19. Confidentiality
You shall not discuss or disclose any information of a confidential nature except in the
proper course of your employment.
20. Records / Property
You shall not remove any records belonging to the _______________ (Employer) from
the _______________(Employer’s) premises at any time without proper advance
authorisation.
24
You will return to the _______________(Employer) upon request, and in any event,
upon termination of your employment, all records and property belonging to the
_______________(Employer) which are in your possession and under your control.
21. Security
The __________ (Employer) reserves the right to search your person and property
while on or while departing from the __________ (Employer’s) premises.
22. Notice
The _______________ (Employer) reserves the right to terminate this contract on the
giving of the appropriate period of notice set down by the Minimum Notice and Terms
of Employment Act, 1973-2001.
You will be required to give the _______________ (Employer) at least two week’s
notice in writing of your intention to terminate your employment.
23. Retirement
The retirement age for staff employed by the _______________(Employer) is 65
years*.
24. Staff handbook
A copy of the _______________ (Employer’s) staff handbook is enclosed and forms
an integral part of your contract.
25. Agreement
Your terms and conditions may be revised in accordance with agreements reached
between the union representing your grade and the _______________(Employer).
I accept and agree to be bound by the above terms and conditions.
SIGNED:
………………………………. (Employee)
DATE:
……………………………….
SIGNED:
………………………………. (for the _______________ Employer)
DATE:
……………………………….
*
This provision is not appropriate for inclusion in a contract of employment for a staff member defined
as a new entrant public servant (see page 7/8).
25
Specified Purpose Employment - Temporary
A specified purpose contract should be issued where there is a clear need to employ
an individual on a once off basis, for example:
-
to carry out a particular project. The contract will not necessarily be for a
specific period of time but rather it will be for the purpose of completing
the project; or
-
to replace a staff member whose absence is clearly determined in advance,
e.g. a career break; or
-
to provide service pending the filling of a particular vacancy on a
permanent basis through open competition.
The specified purpose contract can be issued for longer than four years without being
automatically deemed a permanent contract. What is important about this contract is
that it is issued for a specified purpose e.g. to provide cover for a career break, or
pending the filling of the post in a permanent capacity. Renewals of this type of
contract will be a rarity. The purpose for which the individual is engaged must be
clearly communicated to the temporary employee.
The specified purpose contracts should include the exclusion provision under the
Unfair Dismissals Acts 1977-2001.
Your employment with the __________ (employer) shall be for the purpose of filling a
Clerical Officer vacancy on a temporary basis pending the permanent filling of the post
through open competition. The Unfair Dismissals Acts, 1977-2001 shall not apply to
your dismissal, consisting only of the cesser of the said purpose.
What this means is that if the employee is let go immediately upon the filling of the
post by a person who has successfully competed in the open competition, the
termination should not be covered by the unfair dismissals legislation. It is vital
however that all aspects of the process are watertight if this exclusion provision is to
be relied upon.
26
SAMPLE CONTRACT - Specified Purpose Employment
(Temporary)
27
Name & address of Employer
Name of Employee:
Reference Number:
_____________________
_____________________
Address of Employee:
_____________________
_____________________
_____________________
1. Title
You are employed as _____________.
2. Commencement Date
Your employment with the _______________(Employer) will commence on ____________
(date).
3. Purpose and Termination
Your employment with the _______________(Employer) shall be for the purpose of
___________________________________________________________________________
_________________________________________________________ (e.g. filling a Clerical
Officer vacancy on a temporary basis pending the permanent filling of the post through open
competition).
The Unfair Dismissals Act, 1977-2001 shall not apply to your dismissal consisting only of the
cesser of the said purpose.
4. Location
You will be employed in ________________ (e.g. Hospital).
Your initial assignment will be to _______________________________________ (e.g. service
area, ward, etc.).
You may be required to work in any service area within the vicinity as the need arises.
5. Reporting Relationship
You will report to _____________________________ or other nominated manager (e.g.
Director of Nursing, Head of Services, etc.).
6. Duties
The main duties of your position are set out in the attached job description.
In addition to your normal duties, you may be required to undertake other duties appropriate to
your position as may be assigned to you, including deputising as appropriate.
7. Policies/Legislation
You are required to comply with legislation /policies which have particular application to your
position (e.g. Trust in Care, Children First, etc.). Details of these policies will be communicated
to you by your manager.
28
8. Remuneration
The approved salary scale (as at dd/mm/yyyy) for your post is
__________________________________________________________________
(list points on scale)
You will be paid at the ___________ point of the scale, i.e. € ______________ per annum, with
an increment date of _________________. This will be adjusted in line with any applicable
nationally negotiated increases for your grade.
Statutory deductions will be made in respect of PAYE and PRSI (Class A).
You will be paid ____________ (e.g. fortnightly) in arrears by paypath. Should you work parttime you will be paid on a pro rata basis.
9. Required Hours of Attendance
The standard weekly working hours of attendance for your grade are _________ hours per
week. Your normal weekly working hours are ___________ hours. Contracted hours which are
less than the standard weekly working hours for your grade will be paid pro rata to the full time
equivalent.
You will be rostered over seven days of the week, i.e. Monday through Sunday (insert if
appropriate to the grade).
Starting / finishing times and duty days will be notified to you by your manager.
Where you are required to work unsocial hours and/or night duty you will be remunerated at the
nationally approved rates for your grade.
You may be required to work overtime, remuneration for which will be in line with nationally
approved rates for your grade.
10. Annual leave
Annual leave and public holidays are granted in accordance with the provisions of the
Organisation of Working Time Act, 1997. The annual leave entitlement for your grade, based
on the standard hours of attendance is __________ days per completed year of service. You
are entitled to pro-rata of this amount for periods of employment of less than one year.
11. Superannuation / Pension
You will be covered by the terms of the _______________ Superannuation Scheme. You will
be required to contribute to the scheme. Details of the scheme are available from
_____________________.
12. Performance Review
Your performance will be regularly reviewed during your employment which will involve
discussions between you and your supervisor in relation to your performance and conduct.
13. Code of Conduct
You will be expected to abide by the staff rules, codes of conduct and dress as laid down by
the ______________(Employer) from time to time.
14. Other employment
To ensure compliance with Section 33 of the Organisation of Working Time Act 1997, in
respect of double employment and the number of hours worked during a reference period, the
______________(Employer) requests that you advise of any outside employment for which you
receive remuneration. You should not engage in any gainful occupation, other than as an
29
employee of the _______________(Employer), to such an extent as to impair the performance
of your duties or which might be inconsistent with the discharge of your duties as an employee
of the ______________(Employer), or which conflicts with the interests of the
______________(Employer).
15. Sick leave
You are covered by the _______________(Employer’s) sick leave scheme, applicable to your
grade, details of which are set out in the staff handbook.
16. Grievance Procedure
You have the right to seek redress in respect of any aspect of your terms and conditions of
employment under the _______________(Employer’s) grievance procedure. Should you have
a grievance you should follow the grievance procedure which will be issued to you on
commencement of your employment.
17. Disciplinary Procedure
The _______________(Employer) requires that you conduct your duties in such a way as to
achieve high standards of work practice and patient care. In the event of your failure to
achieve these standards the disciplinary procedure will be invoked. A copy of the
_______________(Employer’s) disciplinary procedure will be issued to you on commencement
of your employment.
18. Health and Safety
The _______________(Employer) is committed to ensuring the safety, health and welfare of its
staff and, to this end, a safety statement has been prepared setting out all the safety
arrangements which are in force. All staff at the ______________(Employer) also have a legal
obligation in relation to safety, health and welfare at work and are required to follow the
guidelines contained in the _______________(Employer’s) safety regulations / safety
statement. You are obliged to familiarise yourself with the _______________(Employer’s)
safety regulations / safety statement arrangements in relation to your own employment and you
have a responsibility to adhere to these at all times.
19. Confidentiality
You shall not discuss or disclose any information of a confidential nature except in the proper
course of your employment.
20. Records / Property
You shall not remove any records belonging to the _______________(Employer) from the
______________(Employer’s) premises at any time without proper advance authorisation.
You will return to the _______________(Employer) upon request, and, in any event, upon the
termination of your employment, all records and property belonging to the
_______________(Employer) which are in your possession or under your control.
21.
Security
The __________ (Employer) reserves the right to search your person and property while on or
while departing from the __________ (Employer’s) premises.
22.
Notice
30
The ______________(Employer) reserves the right to terminate this contract on the giving of
the appropriate period of notice set down by the Minimum Notice and Terms of Employment
Act, 1973-2001.
You will be required to give the _______________(Employer) at least two week’s notice in
writing of your intention to terminate your employment.
23. Retirement
The retirement age for staff employed by the _______________(Employer) is 65 years*.
24. Staff handbook
A copy of the _______________(Employer’s) staff handbook is enclosed and forms an integral
part of your contract.
25. Agreement
Your terms and conditions may be revised in accordance with agreements reached between
the union representing your grade and the _______________(Employer).
I accept and agree to be bound by the above terms and conditions.
SIGNED:
………………………………. (Employee)
DATE:
……………………………….
SIGNED:
………………………………. (for the _______________Employer)
DATE:
……………………………….
*
This provision is not appropriate for inclusion in a contract of employment for a staff member defined
as a new entrant public servant (see page 7/8).
31
Employment of Indefinite Duration - Permanent Contract
Employees who are not employed on contracts of fixed duration / specified purpose
(temporary) are employed on contracts of indefinite duration.
A contract of indefinite duration is ‘de facto’ a permanent contract and should only be
offered where it is envisaged that the requirement for the individual’s services will
continue indefinitely. A rigorous recruitment process usually precedes the offer of
such contracts and they are normally subject to the successful completion of a
probation period.
In certain circumstances such contracts may come to an end for reasons such as
redundancy, incapacity, incapability, retirement, etc.
32
Name & address of Employer
Name of Employee:
Reference Number:
_____________________
_____________________
Address of Employee:
_____________________
_____________________
_____________________
1. Title
You are employed as _____________________________________
2. Commencement Date
Your employment with the _______________(Employer) will commence on ____________
(date).
3. Probationary Period
A probationary period of one year shall apply from commencement of employment, during
which the contract may be terminated by either party in accordance with the Minimum Notice
and Terms of Employment Act, 1973-2001. The probationary period may be extended at the
discretion of management. Confirmation of your appointment as a permanent member of staff
is subject to the successful completion of the probation period.
4. Location
You will be employed in _____________________ (e.g. Hospital).
Your initial assignment will be to _______________________________________ (e.g. service
area, ward, etc.). You may be required to work in any service area within the vicinity as the
need arises.
5. Reporting Relationship
You will report to _____________________________ or other nominated manager (e.g.
Director of Nursing, Head of Services, etc.).
6. Duties
The main duties of your position are set out in the attached job description.
In addition to your normal duties, you may be required to undertake other duties appropriate to
your position as may be assigned to you, including deputising as appropriate.
7. Policies/Legislation
You are required to comply with legislation /policies which have particular application to your
position (e.g. Trust in Care, Children First, etc.). Details of these policies will be communicated
to you by your manager.
8. Remuneration
The approved salary scale (as at dd/mm/yyyy) for your post is
__________________________________________________________________
(list points on scale)
33
You will be paid at the ___________ point of the scale, i.e. € ______________ per annum, with
an increment date of _________________. This will be adjusted in line with any applicable
nationally negotiated increases for your grade.
Statutory deductions will be made in respect of PAYE and PRSI (Class A).
You will be paid ____________ (e.g. fortnightly) in arrears by paypath. Should you work parttime you will be paid on a pro rata basis.
9. Required Hours of Attendance
The standard weekly working hours of attendance for your grade are _________ hours per
week. Your normal weekly working hours are ___________ hours. Contracted hours which are
less than the standard weekly working hours for your grade will be paid pro rata to the full time
equivalent.
You will be rostered over seven days of the week, i.e. Monday through Sunday (insert if
appropriate to the grade).
Starting / finishing times and duty days will be notified to you by your manager.
Where you are required to work unsocial hours and/or night duty you will be remunerated at the
nationally approved rates for your grade.
You may be required to work overtime, remuneration for which will be in line with nationally
approved rates for your grade.
10. Annual leave
Annual leave and public holidays are granted in accordance with the provisions of the
Organisation of Working Time Act, 1997. The annual leave entitlement for your grade, based
on the standard hours of attendance is __________ days per completed year of service. You
are entitled to pro-rata of this amount for periods of employment of less than one year.
11. Superannuation / Pension
You will be covered by the terms of the ___________________ Superannuation Scheme. You
will be required to contribute to the scheme. Details of the scheme are available from
_____________________________.
12. Performance Review
Your performance will be regularly reviewed during your employment which will involve
discussions between you and your supervisor in relation to your performance and conduct.
13. Code of Conduct
You will be expected to abide by the staff rules, codes of conduct and dress as laid down by
the _______________(Employer) from time to time.
14. Other employment
To ensure compliance with Section 33 of the Organisation of Working Time Act 1997, in
respect of double employment and the number of hours worked during a reference period, the
______________(Employer) requests that you advise of any outside employment for which you
receive remuneration. You should not engage in any gainful occupation, other than as an
employee of the ______________(Employer), to such an extent as to impair the performance
of your duties or which might be inconsistent with the discharge of your duties as an employee
of the ______________(Employer), or which conflicts with the interests of the
_______________(Employer).
34
15. Sick leave
You are covered by the ______________(Employer’s) sick leave scheme, applicable to your
grade, details of which are set out in the staff handbook.
16. Grievance Procedure
You have the right to seek redress in respect of any aspect of your terms and conditions of
employment under the _______________(Employer’s) grievance procedure. Should you have
a grievance you should follow the grievance procedure which will be issued to you on
commencement of your employment.
17. Disciplinary Procedure
The _______________(Employer) requires that you conduct your duties in such a way as to
achieve high standards of work practice and patient care. In the event of your failure to
achieve these standards the disciplinary procedure will be invoked. A copy of the
_______________(Employer’s) disciplinary procedure will be issued to you on commencement
of your employment.
18. Health and Safety
The _______________(Employer) is committed to ensuring the safety, health and welfare of its
staff and, to this end, a safety statement has been prepared setting out all the safety
arrangements which are in force. All staff at the _______________(Employer) also have a
legal obligation in relation to safety, health and welfare at work and are required to follow the
guidelines contained in the _______________(Employer’s) safety regulations / safety
statement. You are obliged to familiarise yourself with the _______________(Employer’s)
safety regulations / safety statement arrangements in relation to your own employment and you
have a responsibility to adhere to these at all times.
19. Confidentiality
You shall not discuss or disclose any information of a confidential nature except in the proper
course of your employment.
20. Records / Property
You shall not remove any records belonging to the _______________(Employer) from the
_______________(Employer’s) premises at any time without proper advance authorisation.
You will return to the _______________(Employer) upon request, and, in any event, upon the
termination of your employment, all records and property belonging to the
_______________(Employer) which are in your possession or under your control.
21.
Security
The __________ (Employer) reserves the right to search your person and property while on or
while departing from the __________ (Employer’s) premises.
22.
Notice
The _______________(Employer) reserves the right to terminate this contract on the giving of
the appropriate period of notice set down by the Minimum Notice and Terms of Employment
Act, 1973-2001.
You will be required to give the _______________(Employer) at least two week’s notice in
writing of your intention to terminate your employment.
35
23.
Retirement
The retirement age for staff employed by the _______________(Employer) is 65 years*.
24.
Staff handbook
A copy of the _______________(Employer’s) staff handbook is enclosed and forms an integral
part of your contract.
25.
Agreement
Your terms and conditions may be revised in accordance with agreements reached between
the union representing your grade and the _______________(Employer).
I accept and agree to be bound by the above terms and conditions.
SIGNED:
………………………………. (Employee)
DATE:
……………………………….
SIGNED:
………………………………. (for the _______________Employer)
DATE:
……………………………….
*
This provision is not appropriate for inclusion in a contract of employment for a staff member defined
as a new entrant public servant (see page 7/8).
36
Relief Contract
Traditionally the hospital manager has a list of people available to provide services on
an intermittent basis. These people are called upon to provide services depending on
the particular exigencies of the service at any given time. At the initial stage this type
of arrangement is very informal. However when an attendance pattern becomes
established (i.e. the employee has being providing this type of service for a significant
period of time) it is good practice to formalise the arrangement by communicating the
nature and scope of the employment relationship to the employee. This can be done
by way of an overarching relief contract of employment, the main features of which
are as follows:
This contract of employment is not a temporary contract in the conventional sense. It
is a contract which would issue to individuals who agree to place their names on a list
of staff who are available in ongoing capacity to cover service needs which arise on
an ‘if and when’ required basis generally for short indeterminate periods.
While in the main these employees will respond positively to offers of periods of
employment, there is no obligation on the individual to make him/herself available all
the time.
It is important to note that while these individuals are only entitled to such work as is
available, there is no need for a formal termination of the employment relationship at
the end of each stint of employment.
The contract will not confer an entitlement to guaranteed hours / standard continuous
employment, but will confer a permanent employment relationship based on a relief
arrangement. It does not confer a right to a whole time permanent position.
As with any other employees, in the event of an employee’s performance being
unsatisfactory, such underperformance must be dealt with under the disciplinary
37
procedure and termination must be consistent with due process. The individual’s
performance should be assessed regularly and if there are serious deficiencies his/her
employment should be terminated ideally before coming within the scope of the
Unfair Dismissals Act 1977-2001.
Sample letter to accompany each period of
employment:
Dear __________,
You are employed to provide locum cover under the terms of your substantive
‘relief contract with the __________ (employer). The requirement for this cover
arises from a number of staff (or individual staff member) on sick / annual leave
and is expected to last for ___ days / weeks. You will be kept appraised of the
likely duration of this period of employment.
You will report to _____________ (manager) in respect of this employment, who
will advise you of your required hours of attendance / roster times.
Yours sincerely,
38
Sample Contract for Relief Staff
39
The ______________(Employer) requires staff from time to time to fill vacancies on a relief
basis. You have indicated your availability for duty when the exigencies of the service so
require e.g. to fill vacancies arising from sick leave, annual leave etc. This contract relates to
any such vacancies that may arise. You are not obliged to accept any offer of employment.
Name and address of Employer
Name of Employee:
Reference Number:
_____________________________
_____________________________
Address of Employee:
_____________________________
_____________________________
_____________________________
1. Title
You are employed as a relief ____________________________________.
2. Commencement Date
Your employment with the _______________(Employer) will commence on ____________
(date).
3. Scope of Employment
On the termination of any period of employment with the ______________(Employer), any
further employment offered to you shall be at the sole discretion of the
_______________(Employer). Equally you will not be obliged to accept any offer of
employment.
4. Location
You will be employed in _____________________ (e.g. Hospital).
Your initial assignment will be to _______________________________________ (e.g. service
area, ward, etc.). You may be required to work in any service area within the vicinity as the
need arises.
5. Reporting Relationship
You will report to _____________________________ or other nominated manager. (e.g.
Director of Nursing, Head of Services, etc.)
6. Duties
An explanation of your assignment shall be communicated to you by your supervisor on
commencement of each period of employment. You are required to be flexible and to carry
out such duties as may be reasonably required of you within the scope of your employment.
40
7. Policies/Legislation
You are required to comply with legislation /policies which have particular application to your
position (e.g. Trust in Care, Children First, etc.). Details of these policies will be communicated
to you by your manager.
8. Remuneration
The approved salary scale (as at dd/mm/yyyy) for your post is
__________________________________________________________________
(list points on scale)
You will be paid at the ___________ point of the scale, i.e. € ______________ per annum, with
an increment date of _________________. This will be adjusted in line with any applicable
nationally negotiated increases for your grade.
Statutory deductions will be made in respect of PAYE and PRSI (Class A).
You will be paid ____________ (e.g. fortnightly) in arrears by paypath. Should you work parttime you will be paid on a pro rata basis.
9. Hours of Attendance
You hours of attendance shall be communicated to you on the commencement of each period
of employment.
You may be rostered over seven days of the week, i.e. Monday through Sunday (insert if
appropriate to the grade).
Where you are required to work unsocial hours and/or night duty you will be remunerated at
nationally approved rates for your grade.
You may be required to work overtime, remuneration for which will be in line with nationally
approved rates for your grade.
10. Annual leave
Annual leave and public holidays are granted in accordance with the provisions of the
Organisation of Working Time Act, 1997. The annual leave entitlement for your grade, based
on the standard hours of attendance is __________ days per completed year of service. You
will be entitled to pro-rata of this amount.
11. Superannuation
You will be covered by the terms of the ___________________ Superannuation Scheme. You
will be required to contribute to the scheme. Details of the scheme are available from
_____________________________.
12. Performance Review
Your performance will be regularly reviewed during your employment which will involve
discussions between you and your supervisor in relation to your performance and conduct.
13. Code of Conduct
You will be expected to abide by the staff rules, codes of conduct and dress as laid down by
the _______________(Employer) from time to time.
14. Other employment
To ensure compliance with Section 33 of the Organisation of Working Time Act 1997, in
respect of double employment and the number of hours worked during a reference period, the
41
______________(Employer) requests that you advise of any outside employment for which you
receive remuneration.
You should not engage in any gainful occupation, other than as an employee of the, to such an
extent as to impair the performance of your duties or which might be inconsistent with the
discharge of your duties as an employee of the _______________(Employer), or which
conflicts with the interests of the _______________(Employer).
15. Sick leave
Sick leave may only arise in respect of absences which occur during contracted periods of
employment. The granting if sick leave is entirely at the discretion of the Chief Executive and is
subject to compliance with the sick leave policy.
16. Grievance Procedure
You have the right to seek redress in respect of any aspect of your terms and conditions of
employment under the _______________(Employer’s) grievance procedure. Should you have
a grievance you should follow the grievance procedure which will be issued to you on
commencement of your employment.
17. Disciplinary Procedure
The _______________(Employer) requires that you conduct your duties in such a way as to
achieve high standards of work practice and patient care. In the event of your failure to
achieve these standards the disciplinary procedure will be invoked. A copy of the
_______________(Employer’s) disciplinary procedure will be issued to you on commencement
of your employment.
18. Health and Safety
The _______________(Employer) is committed to ensuring the safety, health and welfare of its
staff and, to this end, a safety statement has been prepared setting out all the safety
arrangements which are in force. All staff at the _______________(Employer) also have a
legal obligation in relation to safety, health and welfare at work and are required to follow the
guidelines contained in the ______________(Employer’s) safety regulations / safety statement.
You are obliged to familiarise yourself with the ______________(Employer’s) safety regulations
/ safety statement arrangements in relation to your own employment and you have a
responsibility to adhere to these at all times.
19. Confidentiality
You shall not discuss or disclose any information of a confidential nature except in the proper
course of your employment.
20. Records / Property
You shall not remove any records belonging to the _______________(Employer) from the
______________(Employer’s) premises at any time without proper advance authorisation.
You will return to the _______________(Employer) upon request, and, in any event, upon the
termination of your employment, all records and property belonging to the
_______________(Employer) which are in your possession or under your control.
21. Security
The __________ (Employer) reserves the right to search your person and property while on or
while departing from the __________ (Employer’s) premises.
42
22. Notice
The _______________(Employer) reserves the right to terminate this contract on the giving of
the appropriate period of notice set down by the Minimum Notice and Terms of Employment
Act, 1973-2001.
You will be required to give the ______________(Employer) at least two week’s notice in
writing of your intention to terminate your employment.
23. Retirement
The retirement age for staff employed by the _______________(Employer) is 65 years*.
24. Staff handbook
A copy of the _______________(Employer’s) staff handbook is enclosed and forms an integral
part of your contract.
25. Agreement
Your terms and conditions may be revised in accordance with agreements reached between
the union representing your grade and the _______________(Employer).
I accept and agree to be bound by the above terms and conditions.
SIGNED:
………………………………. (Employee)
DATE:
……………………………….
SIGNED:
………………………………. (for the _______________Employer )
DATE:
……………………………….
*
This provision is not appropriate for inclusion in a contract of employment for a staff member defined
as a new entrant public servant (see page 7/8).
43