My own organisation recognises the positive benefits for staff. We know that looking after the wellbeing of employees leads to improved retention and commitment, resulting in a better level of service, and we tend to embrace changes such as these. Ultimately, open communication about the processes and implications of new legislation will ensure both parties are suitably positioned to implement changes. This has been called the biggest change to industrial relations and the employment rights framework in Ireland in 70 years, with one body now overseeing functions previously dealt with by a multitude of organisations.
All claims relating to pay, holidays or working time are now dealt with by the WRC. A review of Zero Hours Contracts UK Further protection for workers on zero-hours contracts has recently come into force.
Zero-hours contracts, or casual contracts, allow employers to hire staff with no guarantee of work and mean employees work only when they are needed by employers, often at short notice.
The regulations also prevent the dismissal of workers for refusing to agree to an exclusivity clause. The Minimum Wage will still apply for workers aged 24 and under, and the rate will depend upon age and whether the individual is an apprentice. Changes to Minimum Wage rates will take place every October. Changes to National Living Wage rates will occur every April.
Changes to statutory minimum wage levels Ireland Minimum wage levels in Ireland were increased on 1 January , having previously not risen since An experienced adult employee for the purposes of the National Minimum Wage Act is an employee who has an employment of any kind in any two years over the age of There are lower rates for less experienced workers over These changes often cause confusion with the legal minimum wage as typically FM workers are on a higher basic rate to other general operatives.
Habitually Absent, Tardy, or Sick? How to Deal with Sexual Harassment in the Workplace Sexual harassment is usually defined by Courts and employers using the definition of sexual harassment contained in the guidelines of the U. By federal law, businesses with or more employees must, by December 5, , enforce a mandatory COVID vaccination policy for all employees, including executives and professionals, entering the workplace, except for employers that, by January 4, , instead require workers to either get vaccinated or elect to undergo regular COVID testing and wear a face mask at work.
An employer in New York State may require all employees entering the workplace to be fully vaccinated against COVID, as long as the employers reasonably accommodate those workers who do not get vaccinated against COVID because of a sincerely held religious belief, a disability, a pregnancy, or, in New York City only, status as a victim of domestic violence, stalking, or sex offenses.
And even more sadly, in some cases, employees passed away after contracting COVID at their workplace. There are specific federal and state laws governing tipped wages. It's important for an employee who receives tips to know what their rights are and what to do when those rights are challenged. Five of the deceased were power generation plant workers who sustained fatal injuries while working around pipes, drains, tunnels, and valves.
Because commercial diving is a particularly hazardous line of work, OSHA provides numerous safety tips and standards in order to protect workers from industry-wide hazards. According to the U. Department of Labor, hand injuries account for approximately 23 percent of all reported work-related injuries, ranking second only to back and neck injuries.
Hand injuries are expensive and tragic, particularly when they result in the amputation of fingers or the entire hand, or specific loss of use of the same. State and federal laws guarantee employees the right to a safe workplace.
Employers have a legal responsibility to protect workers from hazards that pose health and safety risks. Moreover, it is illegal for employers to retaliate against workers who identify hazards and speak up. However, many workers are unaware of their rights. For example, construction work, truck driving, and so on. People that work on their computer workstation most of the workday face several potential hazards. And if so, what are your rights in the workplace? How does a business sale affect collective agreements?
In a stock sale, employee terms and conditions remain the same. In an asset sale, the buyer can set new terms and conditions. How long does the process typically take and what are the sanctions for failing to inform and consult? There are no consultation rights except a unionised employer will have to consult bargain with the union.
There may be informational rights under the WARN Act or state equivalent if the sale results in a mass layoff or shut down of an employment site. In a stock sale, the employing entity remains the same so the employees are not dismissed.
How is the notice period determined? At-will employees do not have to be given notice of termination nor do unionised employees unless a collective bargaining agreement otherwise provides.
In what circumstances is an employee treated as being dismissed? Is consent from a third party required before an employer can dismiss? Employment is at-will unless an employment or collective bargaining agreement protects against dismissal under certain circumstances.
All employees are protected against dismissal due to unlawful discrimination or protected activity, such as union activity or whistleblowing.
An employee is dismissed when employment is terminated or there is a constructive termination inability to continue working due to a hostile work environment. An employment agreement may have provisions for employee termination for good reason.
Consent from a third party is not required before an employer can dismiss. Employees in protected classifications may not be dismissed because of their protected classification.
Employment and collective bargaining agreements may have provisions protecting against improper dismissal. Are employees entitled to compensation on dismissal and if so, how is compensation calculated? Upon dismissal, employees are entitled to receive their final pay and accrued benefits. If the dismissal is not for misconduct, an employee is eligible for unemployment insurance benefits. There are no specific provisions unless an employment or collective bargaining agreement contains them.
What are the remedies for a successful claim? Claims can be brought before an administrative agency, a court or an arbitrator if pursuant to an employment or collective bargaining agreement for unlawful dismissal with the potential remedies mentioned above.
Collective bargaining agreements may provide for additional obligations. Employees may bring either an individual or class action civil lawsuit. Employers who violate the WARN provision by closing an employment site or ordering mass layoffs without providing adequate notice are liable for back pay and benefits to each aggrieved employee.
Employers who fail to provide the required notice to the local government are subject to civil penalties. Consequences depend on the violations found. The enforceability of restrictive covenants is determined by state law and varies depending on the jurisdiction. Types of restrictive covenants include non-competition agreements, non-solicitation of customers, non-solicitation of employees, and confidentiality agreements. The Justice Department has been attacking some restrictive covenants as restraints on trade.
State laws vary as to the enforceability of restrictive covenants. Courts will assess whether restrictive covenants serve a legitimate business purpose and are reasonable in scope, time and geographic reach.
There is no uniform period for which restrictive covenants are enforceable, but the shorter they are, the more likely they will be enforced. Covenants must be supported by consideration, which may be financial or a promotion or, in some jurisdictions, continuation of employment.
Can an employer transfer employee data freely to other countries? In the U. Most states have enacted some form of privacy legislation, while most have implemented laws requiring notification of personal information security breaches.
Subject to these laws, employers can transfer employee data to other countries. There are no federal laws requiring employers to provide employees access to their personal information; however, some states do have laws.
State laws often address who has access to the information, how often the information can be accessed, whether copies can be made, what records can be kept, and whether third-party disclosure is permitted. Employers are permitted to conduct pre-employment checks.
0コメント