Anyone who works for an employer in Ireland for
a regular wage or salary automatically has a contract
of employment, regardless of whether it is written
or not.
The contract will include some or all of the
following elements (regardless of whether the
employer and employee have specified them or not):
• The terms that the courts say are in every contract
of employment. Examples include the duty of every
employer to provide a safe workplace and the duty
of every employee to carry out the job to the
best of his/her ability. This part of the contract
is occasionally referred to as "common law".
• Terms that must be part of the contract as a
result of laws passed by the Dail. Examples include
the right to take maternity leave. Such terms
are part of the contract even if the employer
and employee do not specifically include them
and replace any agreement between the employer
and employee not to apply the particular law.
So, the statutory right to take maternity leave
overrides any agreement between the employer and
employee that the employee will not take maternity
leave.
• Terms that the Irish Constitution states must
be in every contract, for example, the right of
an employee to join a trade union.
• Collective agreements
• Joint Labour Committee Regulations
• EU laws
Solicitors
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