SPECIAL GUEST BLOG By David Parkinson, Management Mentor, Mentors.ie
For those establishing a business or making a resolution to refocus on Human Resources “best practices”, there are a few topics to consider based on provisions under Irish employment law.
Employee Status. Employees are secured either via contracts of service or contracts of services. Only those under a contract of service will be an actual employee that is protected by the full range of employment legislation, while a self-employed person (independent contractor) would be engaged in a contract of services for those providing work in the role of a vendor.
Employee Terms. There may needs of the business that dictate using workers with atypical terms including fixed-term, part-time and temporary employees. While all terms do not have to be in writing, some conditions, such as method of calculating pay and any sick pay scheme, must be recorded within two months of starting employment.
Compensation. While most experienced adult employees are entitled to the the minimum wage of €8.65 per hour, there are some exceptions including those working that are under 18, apprentices, trainees or those employed by close relatives. There are also certain industries that require a higher minimum wage, such as those working in drapery, printing, electrical contracting and construction.
Employee Rights. As governed by the Organisation of Working Time Act, 1997, all employers are responsible for providing employees with adequate work hours. This includes daily and weekly rest breaks, public holiday entitlements and annual leave. Other leave entitlements for eligible employees could include general health and safety matters along with adoptive, parental, maternity and long-term care situations.
Policies and Procedures. Record keeping is key in having successful HR relations with employees and governmental officials. During a National Employment Rights Authority (NERA) Inspection a number of documents will be requested including all of the previously stated information along with payroll details, holiday entitlement specifics and any employee-related history of the business. Other internal policies and procedures should include how to deal with matters regarding absences, grievances, discipline and dignity (anti-bullying/harassment) should also be determined.

If employees and executives are frequently guilty of downplaying HR’s role, often so too is HR in assessing employees’ ability to manage information. Computers first appeared in schools over 12 years ago and today are used by 75 percent of employees to access the Internet for three hours a day on average. Still, many in HR are reluctant to give up basic self-service benefit management tasks that would save a tremendous amount of time and allow them to better address company objectives.