This is the second post in a series of posts regarding the Employment [Miscellaneous Provision] Act, 2018.
In addition, the new legislation has set out:
A ban on zero-hour contracts, except in circumstances where there is genuine casual work, emergency cover or short -term relief.
The early years is regulated and requires an adult/child ratio for various ages ranges in order to be compliant with the legislation. Therefore, this should suffice to meet the legislative requirement in the new legislation. Early Years providers should still be able to provide relief contracts where employees work occasional hours for emergency or short-term relief. However, employers should be aware that where this cover changes to a more regular arrangement or for example longer term cover for sick leave then the contract type should change to a fixed term/specific purpose contract as may be relevant.
A requirement for a minimum payment to be made to employees who are called into work and then sent home. In certain circumstances, these employees will be entitled to at least three times the national minimum wage. These provisions do not apply to employees who are required to make themselves available on an ‘on call’ basis such as genuine emergency workers.
In the event where an employee consistently works more than the hours specified in their contract of employment, they can request their employer to put them on a banded hours contract. This contract would more accurately reflect the hours that they have worked over the last twelve months. The employer may refuse to increase the employee’s contractual hours where there has been
significant adverse changes to the business
there has been emergency or unforeseeable circumstances
extra hours were due to a temporary situation which no longer exists
Employers are reminded, that as yet, there is no case law in relation to this piece of legislation. Please seek advice and clarification. Further information on the range of banded hours will be outlined in next week’s HR Tip.