The Terms of Employment (Information) Act 1994 provide that an employer is obliged to provide
a statement in writing to an employee no later than two months after the commencement of employment. There are severe penalties for failing to comply with this requirement.

Who does this legislation apply to?

This legislation only applies to the following:

• between employers and employees
• employees who are normally expected to work at least 8 hours a week
• employees who have at least one month’s service.

What information must the statement contain?

• The statement must include the following information:
• The full names of both the employer and employee
• The address of the employer
• The place of work
• The title or nature of the job
• The date of commencement of employment
• In temporary or fixed contracts, the expected duration of the contract or the date it is expected to expire
• Rate or method of calculation of employee’s remuneration
• Terms or conditions relating to hours of work
• Terms or conditions relating to paid leave
• Terms or conditions relating to sick leave
• Details of pensions or pension schemes
• Period of notice the employee is obliged to give in the case of termination
• Details of job if you must work outside the State

What is the difference between an independent contractor and an employee?

The main difference between the two largely depends on the level of control held by the individual. Ask yourself, do I drive my own car? Do I decide on my own hours of work? Am I taxed as an individual or an employee? If you have total control over these matters, you may be an Independent Contractor. However, if your hours of work are decided for you, or you wear a uniform with the Company logo printed on it, then you may be an employee.