Ireland - Compensation & Benefit Legislation
CAPITAL
Dublin
CLIMATE
Temperate maritime. Modified by North Atlantic Current. Ireland has mild winters and cool summers. Ireland is consistently humid and is overcast about half the time.
LANGUAGES
English is the language generally used. Irish (Gaelic) is spoken mainly in areas located along the western seaboard.
LEGAL SYSTEM
The Irish legal system is based on English common law but is also substantially modified by indigenous concepts. Judicial review of legislative acts is dealt with in the Supreme Court. Ireland has not accepted compulsory ICJ jurisdiction.
CURRENCY
Euros (1 USD = 1.07090 EUR as of June 1, 2002)
IRELAND - COST-OF-LIVING
ERI's Relocation Assessor is a recommended source for cost-of-living data.
IRELAND - EMBASSY/CONSULATES
U. S. Embassy at Dublin
42 Elgin Road
Dublin 4, Ireland
Telephone: [353] (1) 668-8777
Fax: [353] (1) 668-9946
Embassy of Ireland at Washington D.C.
2234 Massachusetts Avenue N.W.
Washington D.C. 20008
Telephone: (202) 462-3939
Fax: (202) 232-5993
IRELAND - HOLIDAYS
New Year's Day
St Patrick's Day
Good Friday
Easter Monday
Bank Holiday (First Monday in May)
Bank Holiday (First Monday in June)
Bank Holiday (First Monday in August)
Bank Holiday (Last Monday in October)
Christmas
St. Stephen's Day
IRELAND - MINIMUM AGE
By law children are required to attend school until the age of 15. Under the terms of the Protection of Young Persons Act, which took effect in 1997, employers may not employ those under the age of 16 in a regular full-time job. Employers may hire 14- or 15-year-olds for light work on school holidays, as part of an approved work experience or educational program, or on a part-time basis during the school year (for children over the age of 15 only). The act gives effect to international rules on the protection of young workers drawn up by the ILO and the EU; it sets rest intervals and maximum working hours, prohibits the employment of 18-year-olds for late night work, and requires employers to keep specified records for their workers who are under 18 years of age. The law prohibits forced and bonded child labor, and the Government enforces this prohibition effectively (see Section 6.c.).
(Section 6.d. Status of Child Labor Practices and Minimum Age for Employment, Ireland - Report of Human Rights Practices, 2001, U.S. Department of State.)
IRELAND - MINIMUM REMUNERATION
A national minimum wage went into effect on April 1, 2000. On July 1, 2001, the minimum wage was increased to €5.97 per hour.
Ireland’s national minimum wage is scheduled to increase again on October 1, 2002 to €6.35 per hour.
IRELAND - REMUNERATION
ERI's Geographic and Salary Assessors are recommended sources for international remuneration covering 189 countries.
IRELAND - REPORT OF HUMAN RIGHTS PRACTICES (2001, U.S. DEPARTMENT OF STATE)
Section 6 Worker Rights
a. The Right of Association
The law provides for the right to join--or refrain from joining --a union, and workers exercise this right. Approximately 31 percent of workers in the private and public sectors are members of unions. Police and military personnel may form associations, but technically not unions, to represent themselves in matters of pay, working conditions, and general welfare. The Irish Congress of Trade Unions (ICTU) represents 64 unions in the Republic of Ireland and Northern Ireland. The ICTU is independent of the Government and political parties.
The law provides for the right to strike, and this right is exercised in both the public and private sectors; however, police and military personnel are prohibited from striking. A number of strikes occurred during the year, including strikes by train engineers, taxi drivers, and teachers. All concluded peacefully, with the unions involved achieving some, if not all, of their goals. The 1990 Industrial Relations Act prohibits retribution against strikers and union leaders; the Government effectively enforces this provision through the Department of Enterprise, Trade, and Employment.
Unions may freely form or join federations or confederations and affiliate with international bodies, and many do so.
b. The Right to Organize and Bargain Collectively
Labor unions have full freedom to organize and to engage in collective bargaining, and unions exercise this right in practice. Most terms and conditions of employment are determined through collective bargaining, in the context of a national economic pact negotiated every 3 years by the "social partners," i.e., unions, employers, farmers, and the Government. The latest version of these agreements, the Partnership for Prosperity and Fairness, was signed in 2000.
The Labor Relations Commission provides advice and conciliation services in industrial disputes. The Commission may refer unresolved disputes to the Labor Court, which may recommend terms of settlement and may set up joint employer-union committees to regulate conditions of employment and minimum wages in a specific trade or industry.
The Anti-Discrimination (Pay) Act and the Employment Equality Act make the Equality Authority responsible for the investigation of allegations of antiunion discrimination, which is prohibited under the law. If the authority is unable to obtain resolution, the dispute goes before the Labor Court, which consists of one representative each for the employer and the union, plus an independent chairperson. The Unfair Dismissals Act provides for various forms of relief in cases where employers are found guilty of antiunion discrimination, including the reinstatement of workers fired for union activities.
The export processing zone at Shannon Airport operates under the same labor laws as the rest of the country.
c. Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor, and for the most part, such practices were not known to have occurred. There have been reports of trafficking in women, but there were no confirmed cases (see Section 6.f.).
The law prohibits forced and bonded labor by children, and there were no reports that such practices occur.
d. Status of Child Labor Practices and Minimum Age for Employment
Under the law, employers may not employ children under the age of 16 in a regular, full-time job. Employers may hire 14- or 15-year-olds for light work on school holidays, as part of an approved work experience or educational program, or on a part-time basis during the school year (for children over the age of 15 only). The law sets rest intervals and maximum working hours, prohibits the employment of 18-year-olds for late night work, and requires employers to keep specified records for workers who are under 18 years of age. Enforcement was reportedly lax, but violations appear to be rare.
The law prohibits forced and bonded labor by children, and such practices were not known to occur.
IRELAND - STANDARD WORKWEEK and acceptable work conditions
The maximum average working week cannot exceed 48 hours. (This does not mean that a working week can never exceed 48 hours, it is that the average can never exceed 48 hours – it is the average that is important.) The calculation of 48 hours does not include breaks, annual leave, sick leave or maternity/adoptive/parental leave.
Workers are entitled to a break of 15 minutes in a 4 ½ hour work period and a break of 30 minutes in a 6 hour work period. Workers are entitled to 11 consecutive hours rest during any 24-hour period. Workers are also entitled to 24 consecutive hours of rest in any period of 7 days. Unless provided otherwise in a worker’s contract, the 24 hour rest period should include a Sunday. In addition, with regard to pay, unless otherwise agreed to, employers must give workers one or more of the following for working on a Sunday:
A reasonable allowance
A reasonable pay increase
Reasonable paid time off work
Annual Leave: Typically 4 weeks
Maternity Leave: 14 weeks at 70% pay (paid for by social security)
Terms of Employee: The Terms of Employment (Information) Act, 1994, provides that an employer must provide an employee with a written statement of certain particulars of the terms of employment.
Unfair Dismissals: Employers are required by section 14(1) of the Unfair Dismissals Act, 1977 to give a notice in writing to each employee setting out the procedure which the employer will observe before dismissing the employee. This must be given not later than 28 days after entering into a contract of employment. See also the separate section on dismissals.
Payment of Wages: The Payment of Wages Act, 1991, gives every employee the right to a written statement every payday of wages and with every deduction itemized. This entitlement is described in the section dealing with wages.
IRELAND - SOCIAL SECURITY
Social Security Office of International Programs:
http://www.ssa.gov/SSA_Home.html
IRELAND - TOTALIZATION AGREEMENT WITH U.S.
Effective Date of Agreement: September 1, 1993.
Coverage and Social Security Taxes:
For employees sent by an Irish employer to work in the U.S. for five years or less, taxes and coverage fall to Ireland. If the employee is sent to work in the U.S. for more than five years, was hired in the U.S., or works for a non-Irish employer, taxes and coverage fall to the U.S.
Certificate of Coverage Request:
To establish an employee's exemption from coverage under the U.S. Social Security system, the employer in Ireland must request a certificate of coverage from Ireland at this address:
Social Welfare Services
International Operations
Floor 1, O'Connell Bridge House
D'Olier Street
Dublin 2
IRELAND
The same information required for a certificate of coverage from the U.S. is needed to get a certificate of coverage from Ireland except that the employee's Irish Social Security number must be shown rather than the U.S. number.
Minimum Credits Needed:
An employee without enough work credits to qualify for Irish benefits may combine Social Security credits from the U.S. and Ireland to meet eligibility requirements provided the employee has a total of at least 52 weeks of coverage under the Irish Social Security system.
Summary of Social Security Benefits:
Retirement benefits are payable if the worker has at least 156 weeks of paid contributions and is age 65, paid contributions before age 55, average 24 weeks of paid or credited contributions annually, and is not working full-time. Old-age benefits are payable at age 66 if the worker paid contributions before age 56, and averages at lest 20 weeks of paid or credited contributions. Individuals can still work full-time and receive an old-age pension. Disability benefits are paid under pension age if the worker is unable to work due to non-work-related illness or disability, has at least 260 weeks of paid contributions, and has 48 weeks of paid or credited contributions in the tax year prior to the year benefits are claimed. There are no family benefits but the worker may receive a supplement to a pension depending on the spouse's income. Survivor benefits and family benefits are paid to a worker's wife at any age if either the worker or widow has a least 156 weeks of paid contributions; there is a one-time lump sum death benefit.
Additional Information:
For specific information on Ireland's Social Security program, visit any Social Security office in Ireland, or write to:
Social Welfare Services
International Operations
Floor 1, O'Connell Bridge House
D'Olier Street
Dublin 2
IRELAND