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Published on: 3/24/2001
Last Visited: 12/28/2002
Employment legislation in Ireland has improved dramatically over the last couple of years mainly as a result of EU legislation, according to Jim Trueick, partner with responsibility for employment law at Landwell Solicitors.
While no new employment acts were implemented in Ireland this year, there were a number of developments in employment rights.
The Pensions (Amendment) Act 2002
This amendment is likely to be implemented early next year and is designed to provide easy access for all people to a simple and affordable pension scheme.
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"There is no obligation on the employer to contribute to the PRSA on behalf of an employee," explained Trueick.
What it means for employees
Employees have easy access to a pension fund if they so wish.Contributions are automatically deducted from their wages.
Charges are capped to one per cent of the fund each year, and five per cent of each contribution.
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"However, the scope of this provision is quite narrow and any level of human interaction by an employee in making the decision will fall outside the scope of this provision," Trueick said.
Codes of practice
Three codes of practice in relation to the prevention of bullying in the workplace and sexual harassment were launched last March.
The Code of Practice on Prevention of Workplace Bullying was published by the Health and Safety Authority.It recommends that employers, in preparing a safety statement, should undertake a risk assessment in relation to the existence of workplace bullying and implement procedures to combat bullying.
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It is then simply a matter of whether the codes were applied fairly," Trueick explained.
What the codes mean for employees
"Once the codes are applied, there is a heightened awareness in the workplace that bullying or sexual harassment will not be condoned.It makes it more unlikely to happen and if it does there is a clear code and procedures in place to deal quickly with any incidents or complaints," said Trueick.
Future developments
A number of developments in the pipeline that will further improve working conditions, according to Trueick, include a new EC Working Time Directive, due to be implemented by August 1, 2003.
"The proposed directive will operate to extend working time protections to previously excluded sectors of the workforce, including road, air, sea, off-shore workers and junior doctors," he said.
The Minister for Labour Affairs recently announced that a bill will be drafted to give effect to the EU Fixed Term Workers Directive."This directive is now over a year late in implementation.
Once in place, it will prevent employers from employing individuals on successive fixed term contracts.Instead, such employees will have the right to be informed of vacant permanent posts and the right, after a period of time, to become permanent employees," said Trueick.
New regulations in the area of work permit application procedures are due to be announced shortly according to Trueick.
The Intra Corporate Transfer (ICT) programme, which was suspended by the government in October, is being reviewed.
"In the boom years, the government had a relatively open door policy, but given the economic downturn, that is changing and in the future positions in Ireland will mainly be filled by Irish nationals or EU citizens.
"The new regulations are likely to require more stringent verification when employees are claiming to move from a multinational parent company to its subsidiary in Ireland, for example," Trueick explained.
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