Working for Work : Chapter 4 : Welfare to Work

Your Rights at Work

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A regular part-time worker is entitled to the same range of employment rights as a full-time worker. See chart below for a summary of these rights.

A regular part-time employee is a person who has:

  • Worked for at least 13 weeks with the same employer, and is normally expected to work at least eight hours a week for that employer.

You have a right to: When? A written statement of terms and conditions of employment After 2 months Protection against unfair dismissal After 1 year Protection against unfair dismissal resulting wholly or mainly from pregnancy, trade union membership or trade No qualifying period union activities From March 1st 2007, 26 weeks Maternity Benefit No qualifying period Time off for ante/post natal care No qualifying period Full (unpaid) parental leave - 14 weeks leave After 1 year Reduced (unpaid) parental leave - 1 weeks leave per month of service After 3 months Arrears of pay, holiday pay and certain other awards where an employer becomes insolvent (i.e. unable to pay debts) After 13 weeks where statutory entitlement exists. You have a right to a minimum period of notice before dismissal* Min. Notice When Min. Notice When - 1 weeks notice After 13 weeks - 6 weeks notice After 10-15 years - 2 weeks notice After 2-5 years - 8 weeks notice After 15 years - 4 weeks notice After 5-10 years - Statutory redundancy After 2 years *This does not apply to employees who are normally expected to work for less than eight hours a week.

 

Holidays

In order to qualify for 4 weeks (20 days) annual leave, the employee must have worked:

  • at least 117 hours per calendar month for the employer
  • at least 1,365 hours for the same employer during the calendar year.

Employees' holiday entitlements must be calculated as below:

Days worked per week Holiday Entitlement 5 Days 20 Days Part-time 8% of hours worked

Public Holidays

Instead of giving the public holiday, employers can give any one of the following:

  • an extra days annual leave, or an additional day's pay, or
  • a paid day off within a month of the Bank Holiday, or
  • a paid day off on the nearest church holiday.

This only applies to those who have worked a minimum of 40 hours in the 5 weeks ending on the day before the public holiday. For further information contact: The National Employment Rights Authority (NERA) on 1890 80 80 90 or www.employmentrights.ie

The Minimum Wage

Since April 2000 all experienced adult workers are entitled to the national minimum hourly wage. If you are under 18, in your first job or participating in training you may be paid a reduced rate.

The National Minimum Wage rates in effect from are as follows:

Employee Minimum hourly rate of pay Up to 30th June 2011 was €7.65. From 1st July 2011 Experienced Adult worker rate is now €8.65

It is unlawful for an employer to pay an experienced adult worker less than the minimum hourly rate of pay. If you are not being paid the proper rate complaints can be made to a Rights Commissioner of the Labour Relations Commission or to the Labour Inspectorate of the Department of Enterprise, Trade and Innovation Tel: (01) 631 2121

Last Updated: 31/08/2011 ^ back to top