A guide to working in Ireland

Workers have a number of rights when it comes to working in Ireland.

There are a range of rights for those who are categorised as employees. These rights are not the same as the rights for the self-employed (including independent contractors).

The maximum average working week for most employees cannot exceed 48 hours. However, this does not mean that you can never work more than 48 hours. You can, but you cannot work for more than 48 hours a week on average.

This average can be calculated differently for people working in different industries:

• it is 4 months for most employees
• it is 6 months for employees working in security, hospitals, prison or working for a utility providing gas or electricity
• it is 12 months where an agreement is in place between employees and the employer - this must be certified by the Labour Court

Exceptions

There are exceptions to the laws on working hours for:

• Gardaí and the Defence Forces
• employees who control their own working hours
• family employees on farms or private homes

Most employees are entitled to a minimum of 4 weeks' paid annual leave per year. However, you can agree on more than this in your employment contract with your employer.

Calculating your annual leave

Your annual leave is calculated based on what is called the leave year. This runs from 1 April until 31 March each year. However, some employers use the calendar year to calculate annual leave.

There are 3 main methods used to calculate your annual leave. As an employee, you can choose whichever of the below methods gives you the greatest entitlement:

• if you have worked at least 1,365 hours in the leave year, then you are entitled to the full 4 weeks' paid annual leave
• if you work at least 117 hours in a week, then you are entitled to 33.3% of a working week as your leave
• by taking 8% of the hours you worked in the leave year - up to a maximum of 4 working weeks

The Workplace Relations Commission has more information.

All full-time employees are entitled to 9 public holidays each year. If you have to work on a public holiday you are entitled to either an extra day's pay or an extra day's holiday.

If you work part-time you must have worked at least 40 hours in total over the 5 weeks immediately before the public holiday. If you work part-time and the public holiday falls on a day you don't work - then you are entitled to 20% of your pay for that day.

Overtime is seen as a contractual issue in Ireland. Your employment contract should state if you have to work overtime and the rate of pay you will get if you do work it.

The Sick Leave Act 2022 commenced on 1 January 2023 and introduced a new statutory right to employer-paid sick leave. Workers are entitled to up to 3 days of employer-paid sick leave in a year, paid at 70% of gross salary up to a cap of €110 per day. The scheme will cover the three waiting days before eligibility for Illness Benefit from the State.

Employees must have completed 13 weeks’ continuous service with the employer before availing of statutory sick leave. The employee must provide their employer with a medical certificate from a registered medical practitioner and the certificate must state that the employee named is unfit to work due to their illness or injury.

Further information is available at Sick Leave - Workplace Relations Commission

If you are being dismissed from your job you are entitled to:

• pay for all work you have done (and a final payslip)
• payment for any annual leave you are entitled to but haven't used yet
• the correct notice

Minimum notice periods

The minimum amount of notice you are entitled to depends on how long you have worked for your employer.

You may be required to work the notice period or you may accept payment in lieu of notice, if offered.

If you get payment in lieu of notice you are considered to be unemployed and available for work during this period. This means that you can claim a jobseeker's payment.

Your right to notice can be waived only if you agree to that with your employer.

Dismissal without notice

You can be dismissed without notice for serious misconduct.

Information is available on your full rights when it comes to redundancy.

A "posted worker" is an employee who is sent by his or her employer to carry out a service in another EU Member State on a temporary basis.

Posted workers do not include individuals who decide of their own accord to seek employment in another Member State, seagoing personnel in the merchant navy or the self-employed.

Posted workers are entitled to the full range of Irish employee protection legislation which applies to workers posted to work in, or otherwise working in the State.

There is a legal right to not experience discrimination in Ireland under 9 grounds:

• gender
• civil status
• family status
• sexual orientation
• religion
• age
• disability: includes people with physical, intellectual, learning, cognitive or emotional disabilities and a range of medical conditions
• race: includes race, skin colour, nationality or ethnic origin
• membership of the Traveller community

Equal pay for like work is part of everyone’s contract of employment. Like work is defined as work that is the same, similar or work of equal value.

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