Jobs & Employment Rights
- Introduction
You know, going to college isn't just all about the drinking and staying out late - apparently you go there to learn stuff that will be useful in your future career, and to help find gainful employment (that pays enough to continue on with the drinking and staying out late). Many students have to start earning while still studying so that they can pay the bills, and whether you think this is a good or bad thing (pros: it's a break from studying, you get to meet people... cons: you'll probably have to get up early on a Saturday morning, and when on earth are you going to find time to get that essay finished?), making sure you're informed can be the difference between finding a job you enjoy, or suffering one you hate.
- The Job Search
So first things first - you have to find a job. Keep your eyes peeled, and be flexible - remember, you don't have to do this for life. The Evening Herald is a staple when it comes to the old job hunt, as are college noticeboards. Websites like www.nixers.com or www.fas.ie are also great, and the DIT careers service can be invaluable. The Students' Union posts job ads on the SU website (www.ditsu.ie) specifically directed at students, so you can get something great there. You could also sign up with a recruitment agency - check out www.goldenpages.ie for listings.
- Good Job...
If you are in continuous employment for a continuous wage, whether in a full or part time position, you have certain rights regarding contracts, rates of pay, hours, leave and so on. Make sure you know what you're entitled to.
- Contract
Your employer is legally required to provide you with a written agreement of the terms and conditions of your role within two months of your taking a new job. This agreement should cover your job title/the nature of your work, your rate of pay, the hours you'll be expected to work, holiday and sick leave, your rest breaks, notice entitlements, any benefits or schemes that come with the job, the length of the contract, and any other specifics of the job. - Rate of Pay
The national minimum wage is €8.65, with some exceptions. For those under eighteen, the minimum is €6.06, and for those working in their first year since turning eighteen, it is €6.92. In your second year of employment, this rises to €7.79. There are no legal requirements regarding overtime, so check your contract to see what you'll be entitled to. Sunday and Bank Holiday work usually earns you an increase in your rate of pay, paid time off, an allowance, or a combination of these. See http://www.employmentrights.ie/en/informationforemployees/nationalminimumwage/ for more information. - Hours
Your working hours should not exceed 48 hours in an average week (the average is calculated over a four month period). You are entitled to an 11 consecutive hour break every 24 hours, and a 24 hour break every seven days. You should get at least a 15 minute break for every 4.5 hours you work, or 30 minutes when you work 6 hours or more. For further info, check out http://www.employmentrights.ie/en/informationforemployees/workinghours/ - Leave
Everyone is entitled to nine public holidays a year (Christmas, Stephen's Day, Patrick's Day, Easter Monday, and the rest in Bank Holiday Mondays!), for which you will get paid. If these fall upon a day you would usually work, don't worry - you are still entitled to get the day off, or get another day off within a month, get a day's pay, or an extra day annual leave. These are the entitlements for full time workers, but if you're part time and have done 40 hours in the previous five weeks, then they apply to you too. Happy days. - Annual Leave
Your employer can offer you one of the following options: 4 weeks annual leave in a leave year providing that the employee has worked at least 1,365 hours; one-third of a working week per calendar month providing that the employee works at least 117 hours; 8% of the hours an employee works in a leave year subject to a maximum of 4 working weeks. All of this is calculated at a pro-rata basis if you haven't worked there for the full year. All pay for annual leave must be paid up before the holidays are taken and annual leave must be used up within the year or, with your employer's permission, within six months of the next year. - Sick Pay
There is no legal entitlement to sick pay or leave, so once again, check your contract to find out what you're allowed. If your employer does not offer you sick pay or leave as part of your conditions of employment you can refer a complaint to a Rights Commissioner under the Payment of Wages Act 1991. - Notice
Except in cases of gross misconduct, you are entitled to receive a minimum amount of written notice, the amount depending on how long you've been at your job.
- Contract
- And remember - Unfair Dismissal:
Just as you cannot be refused employment on unfair grounds, you cannot be dismissed unjustly, and a dismissal will automatically be considered unfair if you're let go for any of the following reasons:
- Your religious or political beliefs
- Your marital status
- Your age
- Your gender or sexual orientation
- Your race or colour
- You're a member of a particular community, such as the Travelling community or other ethnic group
- You became pregnant, gave birth, are breastfeeding, or any other matters relating to pregnancy or giving birth
- You availed of your rights under legislation to maternity leave, adoptive leave, carer's leave, parental or force majeure leave
- You tried to exercise your rights to a fair wage
- You're a member, of thinking of becoming a member, of a trade union, or are involved in trade union activities, whether within permitted times during working hours, or outside of work
- You're a party or a witness in legal proceedings against an employer
- You've been unfairly selected for redundancy
If you do feel that you have been unfairly dismissed ,you can make a formal complaint in writing to a Rights Commissioner or the Employment Appeals Tribunal.
For further information on unfair dismissal, see http://www.employmentrights.ie/en/informationforemployees/unfairdismissals/
- But what if I'm not Irish?...
As a non-national, your rights in the workplace are exactly the same as any national student, but you are only allowed to work if you are studying a full time course. According to the Department of Justice, non-national full time students can, for the duration of their course, take up employment of up to 20 hours a week during the academic year and full time employment during any breaks in that year. Any other type of non-national student is unfortunately denied these entitlements.
- And most importantly of all...
Try to strike a balance between the hours you work and your college life. If you are struggling to make ends meet and your academic work is suffering as a result, contact your local Students' Union to see what options might be available to you.
- Further Information
For further info, check out the website of the Citizens' Information Board at www.citizensinformation.ie or give them a ring on LoCall 1890 777121 or find the National Employment Rights Authority's web page at www.employmentrights.ie



