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PM4064 > Employment contracts > Flashcards

Employment contracts Flashcards

1
Q

What act do contracts of employment come from?

A

Master and servant act 1867

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2
Q

What is the common law approach to the employment contract?

A

The employer has the power to command and the employee has the duty to obey

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3
Q

Terms of employment act 1994

A

Employees are entitled to a written statement and basic terms of employment with in 2 months of starting

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4
Q

What did the amendments to the Terms of employment act 1994 with the employment miscellaneous provisions act 2018 do?

A

Give a contract within 5 days with 5 core terms

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5
Q

What are the core terms of an employment contract as per the Employment miscellaneous provisions act 2018?

A
  • Name of employee and employer
  • Address employer
  • Rate of remuneration and pay calculation
  • Expectation of a normal length of a working week
  • Duration of contract
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6
Q

What form must an employment contract be in?

A

Can be written or oral but solidified in writing

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7
Q

What are the 4 features of an employment contract

A
  • Offer from employer and acceptance from an employee
  • Consideration: pay
  • ICRL
  • Contract is confirmed in weighting
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8
Q

Contracts for service

A

A contractor who works for themself and gets a fee for performing a service, they don’t get a wage from the company.

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9
Q

What is the difference between a contract for service and a contract of service

A

A contract for a service employee is not an employee of the company.

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10
Q

Contracts of service

A

Normal employee

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11
Q

What is the test for a contract of/for service (3)

A
  • Contol
  • Integration
  • Multiple test
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12
Q

Control test

A

Who do you report to when work is carried out and how much independence do you have
Contractor more, employee little

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13
Q

Integration test

A

Is the work integrated into the business or peripheral (eg IT would be peripheral compared to software devloper)

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14
Q

Multiple test

A

Do you have sick pay, who pays holiday pay, what tax do you pay, who buys your tools …..

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15
Q

What are the 3 types of employment contracts

A
  • Fixed-term
  • Specific purpose
  • Zero hours
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16
Q

Fixed-term

A

Limited time employment

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17
Q

Specific purpose

A

Individual has a job for a specific time or purpose (eg maternity)

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18
Q

Zero hour

A

No fixed hours, but expected to be on call for work all the time.

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19
Q

The organisation of working time act 1997

A

If work was promised, the employer is obliged to pay 25% of that.

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20
Q

What is an if and when contracts

A

A contract that says “if and when you are available to work” circumventing the 25% of promised work

21
Q

What type of contracts do we see in times of austerity

A

Temporary fixed-term, part-time and zero-hours

22
Q

What is an agency worker?

A

A worker who does work for one company but are hired by another

23
Q

What regulations regulate agency workers

A

EU directive on temporary agency work and the protection of employees temporary agency work 2012

24
Q

EU directive on temporary agency work and the protection of employees temporary agency work 2012

A

Agency workers have the same entitlements and rights as other employees in a firm

25
Q

What are employers obligations to employees (4)

A

Duty of care

  • Safe place to work
  • Safe P&E
  • Safe work system: physical and mental
  • Competent co-workers to prevent injury
26
Q

Employee Obligations to employer (5)

A
  • Ready and willing to work
  • Use reasonable skill and care
  • Obey lawful orders from supervisors
  • Take care of employers property
  • Act in good faith
27
Q

Restrictive covenants

A

Restrict employees movement and actions after employment

28
Q

Non-compeate clause

A

You cant work for a competing firm when you leave

29
Q

Gardner leave

A

A period of time when you ant contact anybody in the firm or customers. This is more common in executive roles

30
Q

Non-solicitation clause

A

Prevents employees from contacting other employees or customers at the firm when they leave

31
Q

Exclusivity clause

A

You can’t work anywhere else while you work here, common in zero-hours contracts

32
Q

Search clause

A

Employer can search you and your locker

33
Q

Confidentiality clause

A

Can’t talk about the job outside of work

34
Q

Copyright clause

A

Anything you design will be the intellectual property of the company

35
Q

What is the minimum amount of notice for termination for an employee with a service of 13 weeks - 2 years

A

1 week

36
Q

What is the minimum amount of notice for termination for an employee with a service of 2-5 years

A

2 weeks

37
Q

What is the minimum amount of notice for termination for an employee with a service of 5-10 years

A

4 Weeks

38
Q

What is the minimum amount of notice for termination for an employee with a service of 10-15 years

A

6 weeks

39
Q

What is the minimum amount of notice for termination for an employee with a service of 15+ years

A

8 weeks

40
Q

What is the most accurate way of measuring the average salary in a country and why

A

Median, it doesn’t account for outliers that would drag an average up

41
Q

Arguments against a minimum wage

A
  • Interferes with the labor market
  • Market should decide on wages
  • Negative impact on employment
42
Q

Arguments for minimum wage

A
  • Market will not protect employees
  • Positive effects fro job creation as people spend more money
  • Can enhance economic efficacy
43
Q

What is the low pay commission established in 2015

A

Consults with government on the appropriate level of national minimum wage

44
Q

What changes did the employment misc. provisions act 2018 make to the minimum wage rates?

A

Abolished minimum wage and and introduced % pay rate for under 18

45
Q

What is the national minimum wage in Ireland?

A

€10.20

46
Q

How can an employment contract be changed (5)

A
  • Some contracts have scope for change
  • Can be changed by agreement
  • Acceptance by conduct
  • Law changes
  • Unilateral
47
Q

What is the best practice in changing a contract

A

Engauge with employees, once the change is agreed issue a new written statement with in a month and offer an incentive if necessary.

48
Q

Discretionary effort

A

Helpfulness, doing things that are outside out contract

49
Q

Is an employer obligated to give you a reference?

A

No

PM4064 (13 decks)

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