Legal Responsibilities for Employers
NERA - the National Employment Rights Authority
NERA aims to secure compliance with employment rights legislation and to foster a culture of compliance in Ireland.
Childcare services like any other business must ensure that their employees receive certain basic employment rights. NERA can carry out an inspection of your service and during these visits they will check your compliance with employment legislation and that you are maintaining the necessary records.
Records to be made available for Inspection
The following list sets out the standard records which an inspector will require access to during the course of an inspection: -
1. Employer registration number with the Revenue Commissioners
2. Full Name, Address and PPS Number for each employee (full-time and part-time)
3. Terms of employment for each employee
4. Payroll details (Gross to Net, Rate per hour, Overtime, Deductions, Shift and other Premiums and Allowances, Commissions and Bonuses, Service Charges, etc.)
5. Copies of Payslips
6. Employees’ job classification
7. Dates of commencement and where relevant, termination of employment
8. Hours of work for each employee (including starting and finishing times, meal breaks and rest periods). These may be in the form of Form OWT1 (or in a form substantially to like effect).
9. Register of employees under 18 years of age
10. Whether board and/or lodgings are provided and relevant details
11. Holidays and Public Holiday entitlements received by each employee
12. Any documentation necessary to demonstrate compliance with employment rights legislation
Additional records may be required to be held depending on the sector/business involved and the legislation under which the inspection is being conducted.
The areas of legislation which you must demonstrate compliance include –
- Organisation of Working Time Act 1997 – this covers areas such as breaks, annual leave, maternity leave, parental leave etc.)
- Payment of Wages Act 1991(pay slips showing any deductions)
- National Minimum Wage Act 2000 (details of wages paid to employees)
- Contracts of employment; Terms of Employment Act 1994 – employee must have a written statement of terms and conditions of employment.
In order to be fully prepared for an inspection visit please click here for further details on the NERA website.
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