[Ireland] Seasonal and part-time workers’ rights

Seasonal workers are individuals who, for a limited period, work for a seasonal operation such as the horticultural, agricultural, tourism or construction sectors. Employees placed by an agency to carry out seasonal work are also in this category. The Avondhu summarises some of the rights and entitlements of seasonal and part-time workers in Ireland.

Ciara O’Gorman - Development Manager with South Munster Citizens Information Service - corrects a common misconception about seasonal work. She told The Avondhu. “Workers on seasonal work patterns have full access to the employment law provisions and to the terms and conditions of employment that employees are guaranteed under the law in Ireland.

"Within five days of commencing employment, an employee must receive a written statement of the five core terms of their employment. In addition, employees must receive a full written statement of their terms and conditions of employment within two months of commencing employment.”

Wages and pay

The National Minimum Wage applies to full-time, part-time, temporary and seasonal employees. The rates are age-related, the full rate of €11.30 per hour applies to those aged 20 or over. 

Ms O’Gorman said, “If your employment is covered by an SEO or an ERO you may have an entitlement to a higher rate of pay. An employee is also entitled to a premium payment for Sunday working.”

A written statement of wages (pay slip) must be given to every employee with every payment of wages or - for those paid electronically - as soon as possible after an electronic transfer has taken place.

Working hours

The legislation sets out the rules around maximum working hours and daily and weekly rest breaks. In some industries, such as agriculture and tourism, rest breaks and rest periods may reportedly differ. Further information is available from local CICs or via the Citizens Information website.

Holiday leave

All employees - whether full-time, part-time, temporary or seasonal - earn annual leave and public holiday entitlements from the commencement of their employment. There are minimum statutory entitlements for all employees, including an entitlement to four weeks of paid annual leave per leave year for most employees. However, employees’ holiday entitlements are calculated based on the time worked. 

Public holidays

Ireland now has ten public holidays each year. From February 2023, a new public holiday was introduced on the first Monday in February. This will fall on the first Monday in February each year thereafter, except where February 1 is on a Friday when that Friday, February 1 will be the public holiday. 

Full-time workers have an immediate entitlement to benefit for public holidays but part-time workers have an entitlement to benefit when they have worked a total of 40 hours in the previous 5 weeks.

Part-time workers

“If you work part-time, you have the right to be treated fairly in comparison to your full-time co-workers,” Ms O’Gorman said. “You are a part-time worker if you have fewer normal working hours than a comparable full-time worker. A comparable full-time worker works for the same employer as you, and either:

• Does the same work as you, under the same or similar conditions
• Is interchangeable with you in relation to the work done (for example, you can substitute or fill in for one another)
• Does the same work or similar work to you, and any differences between your work and working conditions are insignificant
• Does work of equal value, or of lesser value, than you.

The law on part-time work is set out in the Protection of Employees (Part-Time Work) Act 2001. This Act applies to all part-time workers, including casual workers. Part-time employees’ entitlements are generally in proportion (pro-rata basis) to full-time employees’ entitlements. This means that they should be in proportion to your hours.” 

The Citizens Information Service manager added that there are minimum periods of continuous service required for the purpose of Unfair Dismissal and Redundancy entitlements as per the Unfair Dismissals Acts 1973-2015, and the Redundancy Payments Act 2003.

Source: The Avondhu

(Links and quotes via original reporting)

Seasonal workers are individuals who, for a limited period, work for a seasonal operation such as the horticultural, agricultural, tourism or construction sectors. Employees placed by an agency to carry out seasonal work are also in this category. The Avondhu summarises some of the rights and entitlements of seasonal and part-time workers in Ireland.

Ciara O’Gorman - Development Manager with South Munster Citizens Information Service - corrects a common misconception about seasonal work. She told The Avondhu. “Workers on seasonal work patterns have full access to the employment law provisions and to the terms and conditions of employment that employees are guaranteed under the law in Ireland.

"Within five days of commencing employment, an employee must receive a written statement of the five core terms of their employment. In addition, employees must receive a full written statement of their terms and conditions of employment within two months of commencing employment.”

Wages and pay

The National Minimum Wage applies to full-time, part-time, temporary and seasonal employees. The rates are age-related, the full rate of €11.30 per hour applies to those aged 20 or over. 

Ms O’Gorman said, “If your employment is covered by an SEO or an ERO you may have an entitlement to a higher rate of pay. An employee is also entitled to a premium payment for Sunday working.”

A written statement of wages (pay slip) must be given to every employee with every payment of wages or - for those paid electronically - as soon as possible after an electronic transfer has taken place.

Working hours

The legislation sets out the rules around maximum working hours and daily and weekly rest breaks. In some industries, such as agriculture and tourism, rest breaks and rest periods may reportedly differ. Further information is available from local CICs or via the Citizens Information website.

Holiday leave

All employees - whether full-time, part-time, temporary or seasonal - earn annual leave and public holiday entitlements from the commencement of their employment. There are minimum statutory entitlements for all employees, including an entitlement to four weeks of paid annual leave per leave year for most employees. However, employees’ holiday entitlements are calculated based on the time worked. 

Public holidays

Ireland now has ten public holidays each year. From February 2023, a new public holiday was introduced on the first Monday in February. This will fall on the first Monday in February each year thereafter, except where February 1 is on a Friday when that Friday, February 1 will be the public holiday. 

Full-time workers have an immediate entitlement to benefit for public holidays but part-time workers have an entitlement to benefit when they have worked a total of 40 hours in the previous 5 weeks.

Part-time workers

“If you work part-time, you have the right to be treated fairly in comparison to your full-time co-workers,” Ms O’Gorman said. “You are a part-time worker if you have fewer normal working hours than a comparable full-time worker. A comparable full-time worker works for the same employer as you, and either:

• Does the same work as you, under the same or similar conditions
• Is interchangeable with you in relation to the work done (for example, you can substitute or fill in for one another)
• Does the same work or similar work to you, and any differences between your work and working conditions are insignificant
• Does work of equal value, or of lesser value, than you.

The law on part-time work is set out in the Protection of Employees (Part-Time Work) Act 2001. This Act applies to all part-time workers, including casual workers. Part-time employees’ entitlements are generally in proportion (pro-rata basis) to full-time employees’ entitlements. This means that they should be in proportion to your hours.” 

The Citizens Information Service manager added that there are minimum periods of continuous service required for the purpose of Unfair Dismissal and Redundancy entitlements as per the Unfair Dismissals Acts 1973-2015, and the Redundancy Payments Act 2003.

Source: The Avondhu

(Links and quotes via original reporting)