Preparing Contracts of Employment

Linda Hynes, employment lawyer with Ogier Leman writes a monthly feature for Legal-Island email subscribers providing handy precedents and checklists for subscribers to download and use.

This month’s topic focuses on what should be included in contracts of employment to ensure legal compliance with the Terms of Employment (Information) Act, 1994 along with other matters that should also be considered for inclusion by employers.

Contracts of employment are an essential document to get right from the start but it is also a good idea to review the templates you use regularly to ensure they are compliant and are still fit for purpose for your organisation.

Issues that can crop up include:

* Are your notice periods appropriate (on both sides?)
* Are your post-employment restrictions enforceable (too long, too loose?)
* Is your probation period flexible enough?
* How clear is your performance review process?

All employers are legally obliged to provide their employees with a written statement outlining certain terms and conditions within 2 months of starting employment.

It is also important to be aware that if down the line you need to make changes to the contract these should be notified to the employee within one month of the change taking place. When making changes to an employee’s terms and conditions you should always consult with the employee and ensure they consent to the change particularly where the change is significant.

Linda has prepared a checklist of items to be included and considered when preparing contracts of employment. These tips should help employers in ensuring their contracts of employment are compliant with the legislation and are fit for purpose for their organisation.

To access the Employment Contracts checklist prepared by Linda click here.


This publication is for guidance purposes only. It does not constitute legal or professional advice. No liability is accepted by Ogier Leman for any action taken or not taken in reliance on the information set out in this publication. Professional or legal advice should be obtained before taking or refraining from any action as a result of the contents of this publication. Any and all information is subject to change.

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