Notification of a Workplace Relations Commission inspection can be a daunting experience for any employer. We have collated an overview of everything you need to have in place to ensure you are prepared for, and compliant with, any inspections...
Should you receive notice that your business is due a comprehensive review to ascertain whether you have been compliant with employment rights legislation, you should immediately begin to gather all material requested for all employees (it may be necessary to copy and retain some of the records).
Begin by gathering all Contracts of Employment you have on file for each employee. These will be reviewed to ensure compliance with the Terms of Employment (Information) Acts 1994-2014.
Key terms such as the employer's registered address, hours of work, rest breaks, remuneration (including reference to a Sunday premium where Sunday is a day of work) and so on will all be examined.
Along with the Statement of Main Terms and Conditions, internal policies such as Bullying, Harassment, Grievances and Disciplinary must be ready for inspection.
Where you have employees under the age of 18, a register must be provided where payment, rest breaks, and job responsibilities will be observed to ensure compliance with the Protection of Young Persons Act 1996.
For any non-nationals who may require a permit to work in the Republic, this must be produced along with a copy of their passport.
An important element to ensure you have up to date is a record of hours worked and breaks taken. An employer has a legal obligation to have written evidence of the hours worked by their employees and the times in which their rest breaks were taken.
An inspector will look at the timesheets, sign in/sign out reports or clock-in sheets for all employees to ensure you have complied with the Organisation of Working Time Act.
Employee’s payslips will also need to be provided to ensure they have received the correct payments (in cases where annual leave and public holidays are paid, both the entitlements taken and record of them on the payslip will need to be provided).
Along with the core items listed above, ensure you have your registration number available, job descriptions of employees, additional payroll details and information relating any board and lodgings you may have in place.
The inspection will highlight any anomalies and you will be given instructions as to what needs to be implemented/improved in order to ensure that you are compliant with employment rights legislation.
If you have any questions in relation to Workplace Relations Commission inspections, please contact our expert employment law advisors on the 24 Hour Advice Service on 0818 923 923
