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Show Applicable labour law

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<div class="ck-content" data-wrapper="true" dir="ltr" style="--ck-image-style-spacing: 1.5em; --ck-inline-image-style-spacing: calc(var(--ck-image-style-spacing) / 2); font-family: Segoe UI; font-size: 11pt;"><p style="margin: 0; text-align: justify;">Irish labour law is primarily governed by a set of<strong> key statutes</strong> that regulate employment relationships, working conditions, and employees’ rights, such as the Terms of Employment (Information) Acts 1994–2014, the Organisation of Working Time Act 1997, the Employment Equality Acts 1998–2015, the Maternity Protection Acts 1994 and 2004, the Payment of Wages Act 1991, and the National Minimum Wage Act 2000. In Ireland, the employment contract is at the core of employment law; Irish employment legislation typically extends to ‘employees’ and whether a worker is classified as an employee or not depends on the definition of same provided in the statute in question.</p><p style="margin: 0; text-align: justify;"><br>A contract of employment is distinct from a number of other working arrangements such as a contract with an independent contractor (a ‘contract for services’), a partnership or an agency or outsourcing agreement. There is <strong>no comprehensive statutory or common law definition</strong> of the ‘employment contract’ or of the ‘employee’.<sup>1</sup> Employment legislation commonly defines an ‘employee’ as a person engaged under a contract of employment and a ‘contract of employment’ as a contract of service or apprenticeship or a contract with an employment agency to personally provide work to a third party. Some legislation extends the definition of the contract of employment to include any contract under which an individual agrees with another person personally to execute any work or service for that person (or a third person).<sup>2</sup>&nbsp;</p><p style="margin: 0; text-align: justify;">&nbsp;&nbsp;<br>The courts have formulated tests to ascertain whether an employment contract, or ‘contract of service’, as it was traditionally called, exists.<sup>3</sup> The Department of Social Protection’s <a href="https://www.gov.ie/en/publication/23e13-code-of-practice-on-determining-employment-status/#determining-employment-status" target="_blank" rel="noopener noreferrer">Code of Practice on Determining Employment Status</a> gives information about employment status, taking into consideration labour market practices and developments, legislation, and case law.&nbsp;</p><p style="margin: 0; text-align: justify;"><br>There is <strong>no difference</strong> between Irish citizens and non-Irish citizens (EU citizens and TCNs) working and residing in Ireland related to the application of collective agreements, insofar as they exist in the relevant sector and the employer is covered by the agreement. Given the importance of the construction sector in the context of posting, it is noteworthy that the Industrial Relations (Amendment) Act 2015 provides for universally applicable sectoral terms and conditions in the form of Sectoral Employment Orders (SEOs).<sup>4</sup> SEOs set legally binding minimum wages, and conditions of employment, for all workers in the sectors covered; any contractual term purporting to offer terms and conditions below those stipulated in the SEO will not be enforceable, and the terms of the SEO will be inserted by law into the contract. A Sectoral Employment Order for the construction sector is in force. Employment Regulation Orders (ERO) adopted under the Industrial Relations Act 1946 (as amended) fix minimum rates of pay and conditions of employment for workers in specified business sectors. EROs currently in operation, include the contract cleaning sector, the security sector, and the early learning and childcare sector.</p><p style="margin: 0; text-align: justify;"><br>The <a href="https://www.irishstatutebook.ie/eli/2001/act/45/enacted/en/print" target="_blank" rel="noopener noreferrer"><strong>Irish Protection of Employees (Part-time Work) Act 2001</strong></a>, specifically <a href="https://www.irishstatutebook.ie/eli/2001/act/45/section/20/enacted/en/html#sec20." target="_blank" rel="noopener noreferrer">Section 20</a>, transposed Directive 96/71/EC on the Posting of Workers. It extends all Irish employment protection measures to posted workers. The protections discussed above therefore apply to all workers, including TCNs, with no distinction between EU workers and TCNs.</p><p style="margin: 0; text-align: justify;"><br>The<strong> Irish Protection of Employees (Part-time Work) Act 2001:</strong></p><p style="margin: 0; text-align: justify;">&nbsp;</p><ul style="list-style-position: inside;"><li data-list-item-id="e92de9adc46ee19216693afe988281d57"><p style="margin: 0; text-align: justify;">Is silent on the definition of a posted worker-it simply refers to the Directive.</p></li><li data-list-item-id="e96d3935dda22162b80e337e529c15c1c"><p style="margin: 0; text-align: justify;"><strong>Applies to all workers</strong> and there are no specific rules under the Irish legislation which only apply to TCNs (the laws apply equally to all those lawfully working in Ireland).&nbsp;</p></li></ul><p style="margin: 0; text-align: justify;"><br>In respect of outgoing posted workers, the <strong>Terms of Employment (Information) Acts 1994-2014</strong>:&nbsp;</p><p style="margin: 0; text-align: justify;">&nbsp;</p><ul style="list-style-position: inside;"><li data-list-item-id="e83f25a77a0ad9f2f358087776a67b36b"><p style="margin: 0; text-align: justify;">Provide that employees who work outside the State for a period of at least one month must receive a written statement of their terms of employment (section 4(1)).&nbsp;</p></li><li data-list-item-id="eadb631ee281d81812940beeaabeb9dc8"><p style="margin: 0; text-align: justify;">Where such employees are posted workers, the European Union (Transparent and Predictable Working Conditions) Regulations 2022 provide that this statement must contain the following additional particulars:&nbsp;</p></li></ul><p style="margin: 0 0 0 80px; text-align: justify;"><br>a)&nbsp;the remuneration to which the employee is entitled in accordance with the applicable law of the host Member State.<br>b)&nbsp;Where applicable, any allowances specific to the posting and any arrangements for reimbursing expenditure on travel, board and lodging, and<br>c) The link to the official national website developed by the host Member State concerning the posting of workers and the provision of services.</p><hr><p style="margin: 0; text-align: justify;"><span style="font-size:9pt;"><sup>1 </sup>Maeve Regan and Ailbhe Murphy, Employment Law (Bloomsbury, 2nd edition, 2017).&nbsp;</span></p><p style="margin: 0; text-align: justify;"><span style="font-size:9pt;"><sup>2</sup> See for example the Terms of Employment (Information) Acts 1994-2014; the National Minimum Wage Act 2000.</span></p><p style="margin: 0; text-align: justify;"><span style="font-size:9pt;"><sup>3</sup> Maeve Regan and Ailbhe Murphy, Employment Law (Bloomsbury, 2nd edition, 2017).</span></p><p style="margin: 0; text-align: justify;"><span style="font-size:9pt;"><sup>4</sup> Michael Doherty, “Posting of Workers Before Irish Courts” in Zane Rasnača and Magdalena Bernaciak (eds.) Posting of Workers Before National Courts (Brussels: ETUI, 2020).&nbsp;</span></p></div>

Employments contracts

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Table 2 - Overview of relevant national administrations

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Country-Fiche: Ireland

Competent authorities

Request for information from national authorities

Table 1 - Overview of relevant national administrations

Applicable labour law

Employments contracts

Table 2 - Overview of relevant national administrations

Temporary Work Agencies

Social security

Electronic Exchange of Social Security Information (EESSI) system (includes public repository of social security institutions)

Institutions responsible for the issuance of PD A1

Online tool to check PD A1

European Health Insurance Card (EHIC) – List of institutions that issue the EHIC

Entry and stay requirements for TCNs

Visa

Table 3 - Visa types

Residence and work permits

Table 4 - Residence Permits

Table 5 - Work Permits

Special entry and stay requirements

Travel and residence documents

Useful Links

Table 6 - Useful links