Employment contract: with service occupancy provisions

An employment contract that includes provision for service occupancy - that is where the employee is required to live on business premises in order to perform the job. Example roles would be: caretaker, school housemaster, hotel staff, care industry staff, nanny or other household staff. The contract provides strong protection for the employer. The employee may be full time, part time or temporary.

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About this employment contract

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 agreement includes paragraphs that set out that the employee will be required to live on the premises in order to perform the job. Such service occupancy also requires a residential licence to occupy the premises, a service occupancy agreement, that is not included with this employment contract. As far as this contract is concerned, it does not matter whether the employee will occupy a detached house or a single room with facilities shared with other staff.

The size or business of the employer organisation is not important, nor is the position of the employee. This contract is equally suitable for care home or hotel staff where the employer is a company as it is for a live-in nanny, where the employer is an individual.

Specifics for different 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. In this "information age", all Net Lawman employment contracts are very strong on protection of the employer's secrets and confidential information.

Note: part time or casual employees or trainees have exactly the same rights as full timers. This employment contract is flexible to cover your precise requirements. Provided there are no changes to the law, you can reuse this employment contract for all types of employees.

When to use this employment contract

  • for any new employee;
  • to replace your existing contracts which may be out of date;
  • the employee may be permanently employed (full or part-time) or temporary;
  • for organisations of any type: companies, charities, trusts, partnerships, governmental organisations and others

Employment contract features and contents

  • Standard employment contract complying with current law;
  • Statutory requirement of the employment law;
  • Strong on protection of employer's confidential information;
  • 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;
  • Written for positions that require the employee to live on the business property;
  • Structured so as to minimise the administrative burden of legal compliance.

The contract of employment includes the following paragraphs:

  • Start and continuity;
  • Trial period (also called a probation period);
  • Job title and description;
  • Place of work;
  • Hours of work;
  • Salary;
  • Expenses;
  • Leave for holidays and other reasons;
  • Sickness and sick pay;
  • Pension;
  • 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.

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 written employment contract with the offer letter, so that the employee can return an acceptance letter with a signed copy of the contract.

By law, all employees must be given a “written statement of terms and conditions of employment” within two months of starting work. This is a document that sets out the terms of employment that the employer must disclose, known as a “written statement”. 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 of terms and conditions of employment (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.

Draftsman

This document was written by a solicitor for Net Lawman. It complies with current Irish law.

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