Hiring a first employee is a milestone for every business. It shows growth and demonstrates a business that does more than provide a livelihood for just its founders. This milestone also brings responsibilities. As an employer it is paramount that you establish certain “safety nets” before hiring your first employee, to avoid falling into rough waters. This involves working with your legal advisor to create a suitable employment contract, employment policies, and an employment handbook.
Providing a written statement of employment is a legal obligation in Ireland and there is certain information that must be included. However, a prudent employer will see that an employment contract is just as beneficial for a business as it is for the employee signing it. It details the terms and conditions of employment and outlines the duties of each party. The employment contract is only as strong as the contractual clauses within. Contractual clauses set clear expectations, promote legal certainty, and ensure all parties are aware of their responsibilities. Strong contractual clauses help avoid misunderstandings and legal disputes, by stating important details, such as wages, terminations, job titles, working hours, and more; they ensure that employers have the maximum amount of flexibility as allowed by law in respect of the employment relationship.
The best way to build a robust employment contract for your business and to ensure you’re your contracts are up to date in respect of the law and your business ise by engaging a solicitor, with expertise in employment law.
The next important documents to create before hiring your first employer is an employment handbook and policies. Employment handbooks are a comprehensive document that outlines a company’s policies, procedures and expectations for its employees. Handbooks articulate a company’s core values and goals. The handbook contains policies that are required under employment law as well as the policies that protect the interests of both the employees and the employer and set the expectation for behaviour and conduct at work. Employment policies are a set of rules and procedures that establish how a company expects its employees to behave and how employees will be treated in the workplace.
It is always good practice to use the help of a solicitor when creating and reviewing employment handbooks and policies. It is a solicitor’s job to keep up to date on changes in law, assuring legally accurate and fair policies, and to ensure that the handbook is tailored for the needs of your business, ensuring protection of the business’ interest, while also ensuring fair and legal treatment of employees.
The above is provided for information purposes and is not intended as legal advice. Fitzsimons Redmond LLP would be happy to discuss creating or updating employment contracts and handbooks for your business. Please contact us on 01-676 3257 or law@fitzsimonsredmond.ie.
By Mary Kate Tweedale, intern and Lisa Quinn O’Flaherty, partner at Fitzsimons Redmond LLP
