Contract Law Solicitors Dublin
Employers are responsible for ensuring that their employees are provided with a statement of their terms and conditions of employment within two months of their commencement date. This information must include information such as the full names of the employer and the employee, details of the job title, pay, hours of work, rest breaks and notice requirements.
If any employer wishes to make any changes to an employee’s terms and conditions, they should engage with the employee to agree the proposed changes. These changes must be notified to the employee in writing no later than one month after the change takes effect.
Types Of Contract
There are different types of contract including a permanent or open ended contract, a fixed term or part time contract and each are protected by various employment law rights.
Many employers also consider using independent contractors or self-employed personnel. It should be remembered that only an employee engaged under a contract of service is an employee protected by Ireland’s employment legislation. This is different from an independent contractor or self-employed individual who has a contract for services with the employer for whom the work is being performed and is not protected by Irish employment law rights and obligations. The distinction between a contract of service and contracts for services is extremely important as the type of contract an employee is engaged under can have serious implications for an employer as well as the employee in matters such as employment protection legislation, taxation and social welfare.
Drafting A Proper Contract
A properly drafted contract of employment can also protect an employer in the event a former employee solicits business from the employer’s existing customers or tries to take existing staff and in this regard, a contract, should include non-compete and non-solicitation provisions.
If an employer is concerned about the potential of former employees solicit business from its company’s customers, a non-compete provision should be included in the original employment contract.
A non-solicitation agreement is less restrictive than a non-compete provision and is narrowly aimed at preventing an employee from soliciting business from his or her former employer’s clients or key clients.
A restrictive covenant is only enforceable if it protects a legitimate business interest otherwise it could be seen as restraint of trade,
Contact Tully Rinckey
Tully Rinckey employment law solicitors are available to assist with drafting and enforcing employment contracts to ensure they protect the best interests of the employer. We can also assist where there may be a breach of the employment contract by an employee regarding trade secrets, confidential information, non-compete or non-solicitation clauses. Tully Rinckey contract law solicitors can assist with determining the most viable course of action to yield the best possible outcome for the employer.