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Employment Agreement
I need an employment agreement for a junior position for a recent graduate with 1 year of industry experience, who will be part of a rotational program to identify their best-fit expertise. The agreement should include statutory leave, exclude stock options, and specify a 6-month probation period with a 1-week notice, transitioning to a 1-month notice period thereafter.
What is an Employment Agreement?
An Employment Agreement spells out the legal relationship between an employer and employee in Ireland, setting clear terms for everything from salary and working hours to job duties and benefits. It builds on the basic requirements of Irish employment law, including the Terms of Employment (Information) Acts.
Beyond meeting legal requirements, this contract protects both parties by clearly defining workplace expectations, confidentiality obligations, and notice periods for ending employment. Most Irish companies use these agreements for all permanent staff, though they're especially important for senior roles and positions handling sensitive information.
When should you use an Employment Agreement?
Use an Employment Agreement when hiring any new staff member in Ireland, ideally before their start date. This timing lets you establish clear expectations around salary, working hours, and job responsibilities from day one. It's particularly crucial when bringing on senior executives, specialists, or anyone who'll handle sensitive company information.
The agreement becomes especially important during business growth phases, mergers, or when implementing new workplace policies. Irish law requires documenting core employment terms within five days of starting work, so having a comprehensive agreement ready helps meet this deadline while protecting both employer and employee interests.
What are the different types of Employment Agreement?
- Executive Employment Agreement: Enhanced contract for senior leaders with detailed bonus structures, equity compensation, and strict non-compete clauses
- Dual Employment Agreement: For employees working across two related companies or divisions, clarifying split responsibilities and benefits
- Joint Employment Agreement: Used when two employers share control over an employee's work and conditions
- Tripartite Agreement Employment: Three-party agreement often used in secondment arrangements or complex corporate structures
Who should typically use an Employment Agreement?
- Employers: Companies, non-profits, and public bodies in Ireland who draft and issue Employment Agreements to protect their interests and set clear expectations
- Employees: Workers who review, negotiate, and sign these agreements before starting new roles, from entry-level to executive positions
- HR Managers: Oversee the creation, distribution, and storage of agreements, ensuring compliance with Irish employment law
- Legal Counsel: Draft and review agreements to ensure they meet legal requirements and protect company interests
- Trade Unions: May negotiate terms of Employment Agreements on behalf of their members
How do you write an Employment Agreement?
- Basic Details: Gather employee name, PPS number, start date, job title, and reporting structure
- Compensation Package: Document salary, benefits, bonus structures, and any performance-related pay
- Work Arrangements: Specify working hours, location, remote work policies, and leave entitlements
- Job Specifics: List key responsibilities, performance metrics, and any special requirements
- Company Policies: Include references to relevant handbooks, codes of conduct, and IT policies
- Legal Requirements: Our platform ensures compliance with Irish employment law while generating your custom agreement
What should be included in an Employment Agreement?
- Core Terms: Names of parties, job title, start date, and workplace location as required by Irish law
- Remuneration: Salary details, payment intervals, and method of calculation under Payment of Wages Act
- Working Time: Normal hours, rest periods, and overtime arrangements per Organisation of Working Time Act
- Leave Entitlements: Annual leave, public holidays, and sick leave policies
- Notice Periods: Required notice for termination from both parties
- Confidentiality: Protection of company information and intellectual property
- Data Protection: GDPR compliance and employee data handling policies
What's the difference between an Employment Agreement and an Agency Agreement?
An Employment Agreement often gets confused with an Agency Agreement, but they serve distinct legal purposes in Irish business. While both involve work relationships, their core structures and implications differ significantly.
- Legal Relationship: Employment Agreements create a direct employer-employee relationship with rights under employment law, while Agency Agreement establishes an independent contractor relationship
- Control and Direction: Employment Agreements give employers direct control over work methods and schedules, whereas agency relationships maintain contractor independence
- Benefits and Protection: Employees get statutory benefits, PRSI contributions, and employment law protections; agents handle their own tax and insurance
- Duration: Employment typically involves ongoing work relationships, while agency arrangements often focus on specific projects or timeframes
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