Employment legislation

During your on-site induction, you should receive the following:

• Information about your position, which may be in the form of a job description
• Your contract of employment see an example contract (PDF)
• Your rate of pay and hours of work
• Your leave entitlements (annual leave, parental leave, maternity leave, and sick leave)
• Your terms and conditions of employment (governed by the Terms of Employment (Information) Act, 1994)

There are three main pieces of legislation that are relevant to terms of employment:

• National Minimum Wage Act, 2000: provides for an enforceable national minimum wage.
• Payment of Wages Act, 1991: gives employees the right to a payslip showing their gross wages and details of any deductions.
• Minimum Notice and Terms of Employment Act, 1973: sets out the amount of notice you are entitled to prior to a termination of employment.

Read the full texts of all acts at irishstatutebook.ie, learn more about employment legislation in Ireland at oireachtas.ie, and learn more about employment in Ireland at citizensinformation.ie.

The HSE’s payroll department is split into a number of geographic payroll areas. Your payslip will show which area you are working in. As an NCHD, you may move on a regular basis between HSE or HSE-funded hospitals and therefore may need to move payroll areas.

Learn more about dealing with Revenue during rotation.

Anyone joining the public service for the first time or returning to the public service on a new contract after a break of more than 26 weeks from their previous post will be enrolled on the Single Public Service Pension Scheme. The rules of the scheme are set out in the Public Service Pensions (Single Scheme and Other Provisions) Act 2012.

Learn more about pensions and the pension scheme.

Your working hours and leave entitlements (annual leave, parental leave, maternity leave, and sick leave) should be outlined in your contract. There are several pieces of legislation applicable to these.

• Organisation of Working Time Act, 1997: regulates various employment conditions including maximum working hours, night work, annual leave, and public holiday leave. Under this act, the maximum average working week for doctors is 48 hours, although there are some exceptions for certain specialties and circumstances. Additionally, doctors are entitled to rest periods and breaks during their shifts.
• Organisation of Working Time (Records) (Prescribed Form and Exemptions) Regulations, 2001: ensures that employers keep records of the number of hours employees work on a daily and weekly basis, the amount of leave granted to employees in each week as annual leave or as public holidays, and details of the payments in respect of this leave. Employers must also keep weekly records of employees’ starting and finishing times.
• Protection of Employees (Part-Time Work) Act, 2001: prevents discrimination against part-time workers.
• Maternity Protection (Amendment) Act 2004: outlines the entitlements for employees during maternity leave.
• Paternity Leave and Benefit Act 2016: outlines the entitlements for employees accessing paternity leave.
• Adoptive Leave Act 2005: outlines the entitlements for employees accessing adoptive leave.

Learn more and read the full texts of all acts at irishstatutebook.ie.

Most NCHDs will be employed under a fixed-term contract. The Protection of Employees (Fixed Term Work) Act 2003 protects fixed-term employees by ensuring that they cannot be treated less favourably than comparable permanent workers and that employers cannot continually renew fixed-term contracts.

The following legislation ensures safety and equality in the workplace:

• Safety, Health and Welfare at Work Act 2005: describes the responsibilities of both employees and employers to ensure safety at work.
• Employment Equality Acts 1998–2015: prohibits discrimination in a range of employment-related areas. The prohibited grounds of discrimination are gender, civil status, family status, age, race, religion, disability, sexual orientation, and membership of the Traveller community. It also places an obligation on employers to prevent harassment in the workplace.

As a healthcare worker in the public health service, you have the right to work in a safe environment that is free from bullying, harassment, and sexual harassment. You also have a duty to treat others with dignity and respect. The Dignity at Work Policy for the Public Health Service document provides more details on this. As a HSE employee, you must complete the Dignity at Work module on HSELanD.

Learn more about dignity at work..