Wednesday, March 4, 2015

Irish Labor Law

Both men and women are allowed equal protection under Ireland's labor laws.


Labor law in Ireland is extremely similar to that of the European Union. Under the Irish constitution, employees have the right to form associations and unions; to be free of political, religious, gender or class discrimination; and to be protected from unlawful termination. In addition, workers are entitled to both paid and unpaid time off, as well as hourly work limits.


Organization of Working Time Act


Both paid time off and limits to working hours are encompassed by this 1997 law. It stipulates that employees receive four weeks of annual leave, as well as nine public holidays. In addition, it mandates that employees have an average net work time of not more than 48 hours each week, a break daily after working 11 consecutive hours, a 24-hour break every week, an average of no more than eight hours of night work, and a limit of eight hours of work within a 24-hour period for night workers who incur special hazards or heavy strain, either physical or mental.


The nine public holidays that Irish workers must have paid time off for are Christmas; St. Stephen's Day; St. Patrick's Day; Easter Monday; the first Mondays of May, June and August; the last Monday in October; and the first day of January.


In 2001, the law was superseded by the Protection of Employees Work Act so that the provisions were also given pro rata to all part-time employees. Those excluded from this law include junior-ranking hospital doctors, transport employees, fishermen, the self-employed, and family employees on a farm or in a private house.


Parental Leave Act


This 1998 law entitles men and women to unpaid leave to care for young children born or adopted on or before June 3, 1996, provided that the leave is taken before the child is 5 years old and taken as 14 consecutive weeks, unless otherwise arranged by the employer.


The exception is if the child was between ages 3 and 8 when adopted, in which case the leave must be taken within the first two years following the adoption. This includes employees who are contracted apprentices, civil servants, and those who are employed through an agency for work or service to a third person.


Each parent can take the leave separately, but it cannot be transferred between parents. Employees must give a written Notice of Intention to take Parental Leave at least six weeks before taking the leave, and the employee must use the time off to care for the child concerned.


Maternity Protection Act


This 1994 law was introduced to protect women who have recently given birth or are breastfeeding, and includes time off for pre- and post-natal medical visits; paternal leave in the event of the death of the mother; protection against dismissal from the beginning of the pregnancy until the end of maternity leave; and the right to return to work after leave.


The employee is allowed to take a minimum of 14 weeks of leave. She must take a minimum of four weeks before the date of confinement and at least four weeks after the date of confinement, with the other 10 weeks taken as she wishes or needs. If, as a result of breastfeeding, she cannot perform her job for health or safety reasons after she returns to work, she must be granted alternative employment for up to 26 weeks after giving birth.

Tags: four weeks, date confinement, eight hours, employees have, leave employee, leave must