Ireland – New regulations on transparent and predictable working conditions

What’s new?

As a result of the EU Directive on transparent and predictable working conditions, new regulations are now in force in Ireland. Some key features of the regulations, that employers should now be complying with, include:

  • Probationary periods: Probationary periods are now limited to a duration of six months unless there are exceptional circumstances and an extension is in the interest of the employee, in which case the duration may be extended to a maximum of 12 months. Probationary periods can also be extended beyond six months if the employee is absent during the probationary period.
  • Outside activities: Employers cannot prohibit employees working for another employer outside of their working schedule unless there are objective grounds for doing so (e.g. health and safety and protection of business confidentiality). Any restrictions on outside activities should be proportionate and set out in writing to the employee.
  • Terms of employment: The regulations expanded the list of written terms that must be given to employees when they start employment. Additional terms that now need to be provided within five days of employment include those relating to hours of work, probationary period and place of work (among others). Additional terms that now need to be provided within one month of employment include those relating to training entitlement and information relating to unpredictable work conditions (if applicable).
  • Mandatory training: The cost of any mandatory training must be covered by the employer. Time spent by an employee on such training should be regarded as working time and carried out within working hours (where possible).
  • Predictability of work: Employees with at least six months’ service and who have completed their probationary period can request more predictable and secure working conditions. Employers must respond in writing within one month.

What should employers do now?

Employers should ensure their employment documents and practices comply with the new regulations. Please get in touch with a member of the MDR ONE team if you require any further information or need any help with this.

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