Employment contract

About this employment contract

This contract of employment is a variation of our standard contract, tailored specifically for staff working in hospitality and leisure.

The main additions to this contract are:

• provides for working unsociable hours and opt out of the written statement of terms and conditions of employment as described by the The Terms of Employment (Information) Acts 1994 and 2001;
• flexibility in where the employee will work, including changing venues;
• job description tailored to customer service;
• job description that includes producing and/or serving food and drink, including alcohol;
• increased focus on hygiene and health and safety;
• flexible working: this contract can either be used for full-time, part-time, and zero hours staff;
• restraint of competitive trading and confidentiality makes it hard for the employee to set up in competition against you.

This employment contract covers all legal requirements for information to be given to an employee. It is a carefully considered framework for fair and full protection of the employer and compliance with organisational requirements. Use of plain English makes editing easy and allows it to be understood by all parties.

The employment contract can be used for all levels of staff below top management. Provided there are no changes to the law, you can reuse this employment contract for subsequent staff. Specifics for jobs, such as duties and training provision, can be added easily if required, either within the existing text, or by reference to a job description.

When to use this employment contract

• for new employees working in pubs, bars and restaurants or at events;
• to replace your existing contracts which may be out of date;
• the employee may be permanently employed (full or part-time) or temporary.

Features and contents of this employee contract

• Complies with current law;
• All standard terms for a written statement;
• Specifics for different jobs, such as duties and training requirements, can be added easily - either within the text, or by reference to a job description;
• Structured so as to minimise the administrative burden of legal compliance.

The contract of employment includes the following paragraphs:

• Start and continuity;
• Probationary period (also called trial period);
• Job title and description;
• Training
• Place of work;
• Hours of work;
• Salary;
• Expenses;
• Leave for holidays and other reasons;
• Pension (including the new auto-enrolment pension rules – MyFutureFund);
• Sickness and sick pay;
• Other business and employment;
• No competition;
• Confidentiality
• Intellectual property;
• Collective agreements;
• Staff handbook and company policies;
• Disciplinary and grievance procedures;
• Termination;
• Procedure after termination;
• Summary termination;
• Reconstruction or amalgamation;
• Data protection;
• Severance and invalidity.

Compliance with Irish employment law

• Organisation of Working Time Act 1997
• Organisation of Working Time (Records)(Prescribed Form and Exemptions) Regulations 2001
• Employment (Miscellaneous Provisions) Act 2018
• Sick Leave Act 2022
• The European Union (Transparent and Predictable Working Conditions) Regulations 2022 

Practicalities this employment contract covers

A contract, written or verbal is made as soon as the employee accepts a job offer. So as to minimise future misunderstandings, we recommend providing a  contract with the offer letter, so that the employee can return an acceptance letter with a signed copy of the contract.

The employer must give basic information to all employees within 5 days of starting a job. This is known as a “written statement of terms of employment”. This information includes names and addresses of both employer and employee, place of work, duration of the contract, the rate of pay and pay reference period, as well as the working hours and week, job title, probationary period etc. Other than these core terms, the employer has a legal obligation to provide the employee with the remaining terms within one month of starting a job such as an employee’s remuneration, overtime pay, entitlement to annual leave and sick leave, pension and a reasonable notice period of termination. This employment contract includes all the necessary information to act as a written statement so that you don’t need to provide this information separately in a letter or another document.

Other employment policies and procedures not within the written statement (such as data protection) could be included in the employment contract. However, especially when you have many employees, changing each employee’s contract of employment (and ensuring consistency between employees) every time a new law changes can be time consuming and difficult. It is usual, therefore, to place all procedures and policies common to all staff in an employee handbook and refer to the handbook in the employment contract. This is the approach Net Lawman recommends.