Employment Contracts Overview

Explicitly stated terms in a contract, such as job title, start date, or hours of work.

Terms that are not written but understood to be part of employment contracts by law or custom.

An employer's responsibility to compensate employees for work-related expenses.

Employer's legal obligation to create a safe working environment.

Employee's obligation to follow lawful instructions from the employer.

A contract term that restricts the disclosure of sensitive company information.

Information that companies protect to stay competitive. It is very hard to use.

Duty between employer and employee to maintain trust and honesty.

A legal agreement where one party (the carrier) agrees to transport goods or passengers for another party (the hirer) for a fee. This is distinct from an employment contract.

A legal test used to determine if someone is an employee or an independent contractor by looking at the level of control the employer has over the worker's details.

A person who provides services to another party under a contract but is not an employee. They work on their own terms and are responsible for their own taxes, insurance, etc.

The factors considered when determining if someone is an independent contractor include providing their own equipment, hiring assistants, taking financial risks, being able to profit, and having management responsibilities.

A key Irish legal case that highlights the factors used to determine if a person is an employee or an independent contractor. This case involved a food demonstrator working for a company.

The contract between Ms. Mahon and Henry Denny & Co stated that she was an independent contractor, responsible for her own taxes, and received payments on a fortnightly basis.

It is essential to consider various factors and not just rely on what a contract says. The reality of the relationship matters in determining if someone is an employee or independent contractor.

A legal agreement where one party (the employee) agrees to perform work for another party (the employer) in return for wages or salary. This is a traditional employment relationship.

A key principle in employment law is that a person who performs services for another person, not for themselves, is more likely to be classified as an employee.

A contract of service is a legally binding agreement where an individual works for an employer and is subject to their control and direction. The employer is responsible for providing the work environment and benefits.

A contract for services is an agreement where a person provides a specific service to another party. The service provider has more autonomy and is not subject to the same level of control as an employee.

The distinction between contracts of service and for services is crucial, as it determines the legal rights and obligations of both parties. It affects areas like employment law, social welfare, tax, and even liability in case of injuries.

An employee works under a contract of service, meaning they're subject to an employer's control and receive benefits. An independent contractor works under a contract for services, meaning they're more independent and responsible for their own benefits.

Employment law governs the relationship between employers and employees. It covers issues like wages, working hours, discrimination, and termination. These laws primarily apply to employees under contracts of service.

This area of law includes benefits like unemployment insurance and social security. Employers are often required to contribute to these schemes for employees under contracts of service.

Revenue law determines how taxes are levied on income and how they're paid by individuals and businesses. Employees under contracts of service typically have taxes deducted at source by the employer

This legal principle holds employers responsible for the actions of their employees, if those actions occur during the course of employment. This typically only applies to employees under contracts of service.

In a company's liquidation, employees under contracts of service are considered 'preferential creditors', meaning they have priority in receiving unpaid wages and benefits.

The ownership of creative works like inventions and ideas can be affected by the type of employment contract. In some cases, employers may have rights to an employee's inventions

A legal test to determine if someone is an employee or an independent contractor. It focuses on whether the worker's work is an integral part of the employer's business.

A creditor who is entitled to be paid before other creditors in the case of a company's insolvency (winding up).

A writer who contributes regular content to a publication, usually on a fixed schedule and for a fixed fee.

A writer who contributes content to different publications on an ad hoc basis, often for a fee per piece.

A legal relationship where an individual agrees to provide services to an employer in exchange for payment, subject to the employer's control and supervision.

Payment to employees for vacation time or other time off.

A meeting of editors and writers to discuss and plan content for a publication.

Work that is specifically requested and paid for by an employer or client.

A trial period at the start of employment, usually 1-3 months, where the employer assesses the employee's suitability. Employees have limited legal protection during this time.

A provision in an employment contract specifying the employer's right to search an employee's belongings or work area, usually limited to work-related reasons. This needs clear guidelines and employee consent.

A clause in an employment contract that may obligate employees to join a specific trade union, especially if a collective agreement exists between the employer and the union. Deduction of union dues from wages must be stated.

The age at which an employee is expected to retire. If not specified in the contract, the default is usually 65. However, this can be negotiated or subject to other conditions.

A clause in an employment contract that prohibits employees from disclosing company secrets, such as manufacturing processes, product information, or new technologies. This aims to protect the company's competitive edge.