Outsourced HR

Is it true my employment records can be inspected?

Yes. In 2007, a body called NERA; (National Employment Rights Authority) was established under the social partnership agreement, Towards 2016. Their aim is to uphold employment rights and encourage a culture of compliance through information, inspection, enforcement and prosecution. NERA also has the authority to:

• Enter any premises at a reasonable time (with or without prior notification)
• Demand sight of employment contracts, employee files, and pay records
• Inspect records
• Take copies of records
• Interview and require information from any relevant person
• Pass information to Social Welfare, Department of Family and Social Affairs, Department of Enterprise, Trade and Employment and Revenue where appropriate

What are the penalties?

NERA’s primary concern is to ensure you comply with your obligations as employers, and rectify any breaches in requirements. This includes redress for the employees concerned and payment of any salary related arrears due, where appropriate.

In certain circumstances, including where the employer fails to rectify the matter, where breaches of the Protection of Young Persons (Employment) Act 1996 have occurred or where serious breaches of employment rights legislation have been detected NERA will refer the matter to the Chief State Solicitors Office with a view to initiating a prosecution in the Courts, subject to their advice.

How do I make sure I’ve got everything I need?

Having adequate payroll data, individual contracts of employment and an Employee Handbook goes a long way to ensuring you are in compliance with legislative requirements.

Whilst there will be some sector specific information which will be required (e.g. construction) the type of information which NERA typically looks for is:

• Employer registration number with the Revenue Commissioners
• Full Name, address and PPS Number for all employees (full-time and part-time)
• Contract of employment for each employee
• Payroll details (Gross to Net, Rate per hour, Overtime, Deductions, Shift and other Premiums and Allowances, Commissions and Bonuses, Service Charges, etc.)
• Copies of Payslips
• Employees’ job classification
• Start date and where relevant, termination date of employment
• Hours of work for each employee (including starting and finishing times, meal breaks and rest periods)
• Register of employees under 18 years of age
• Whether board and/or lodgings are provided and relevant details
• Holidays and Public Holiday entitlements received by each employee
• Any documentation necessary to demonstrate compliance with employment rights legislation (ie Employee Handbook)

What if I’m missing something?

We can help!

Contract of Employment – Fixed Term Contract; Permanent Contract;

Policies and Procedures – If you do not have any of the policies outlined on the list below, or you have policies which have not been updated in the past 12 months, please contact us on 01 8532236 –

• Terms and Conditions of Employment: Attendance Management; Code of Conduct including Employee Appearance Policy;
• General Policies: Equal Opportunities; Recruitment and Selection; Internet, IT and Network Security ; Smoking, Drug and Alcohol; Redundancy and Layoff Policy
• Statutory Policies: Disciplinary; Grievance; Anti-bullying and Harassment; Annual Leave; Maternity Leave; Parental Leave; Adoptive Leave; Force Majeure Leave; Carer’s Leave Error! Bookmark not defined.

Employee Handbook - If you do not currently have any employment policies in place, or they have not been updated in the last 12 months, our Employee Handbook offers a comprehensive list of Policies and procedures. In addition to the policies outlined in “Policies and Procedures” section, our handbook includes the following, which can be customised for your organisation:

• Welcome Message
• First Aid, Accident Reporting
• Payroll Procedure for new employees
• Hours of Work
• Probation Procedure
• Payment of Wages

Can you help me with my HR needs?

Absolutely! We can provide all the support of an extensive HR Department which will suit your business needs, and your budget. We can tailor this to suit the requirements of your Company, however, here’s the full range of what we do.

Review your current HR policies and practices – even though you might not have a policy, the way to respond to employment situations will determine the policy

• Support management with the implementation of new structures; policies and procedures tailored to meet their specific needs.
• Provide advice on changing legislation
• Advise on data management system for employee data
• Dispute resolution, conducting investigations on disciplinary or grievance matters
• Guidance on Recruitment and Selection Processes
• Contracts of Employment Template
• Compilation and maintenance of Employee Handbook

What are the benefits to employers?

If you have never offered Human Resources solution in your business, our company will give a quality service, without the cost of an additional headcount. If you currently offer this service in-house, TO BE commits to a seamless transition to an outsourced provider

• Removes the requirement to have dedicated personnel to complete this function
• A cost-effective measure which does not compromise you existing high standards
• Constant up-dating of Human Resources policies and procedures in accordance with changes in employment law and industry best practice

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For more information please contact us:
T: +353 01 892 8019 | E: [email protected]