Company's name and address
Employee's details
1. General Provisions
(a) You will be employed as a Counter Assistant, or any subsequent position you are appointed to through promotion, commencing on … day of …
(b) Your basic hourly rate of pay will be €8.65 or as adjusted thereafter through statutory or rate increases as may be decided by the Company.
(c) You will be paid on a Friday each week, by credit transfer to a nominated eligible bank account, for hours worked to the previous Saturday.
(d) On termination of this contract either by resignation or dismissal, your final pay and P45 will be posted to the address the Company has on file.
(e) The nominated PRSA provider is Irish Life, there are no contributions made by the Company on behalf of employees.
(f) Your duties will be as assigned by your Supervisor/Manager.
(g) You will be employed on probation for a period of six months. During this time your continued employment will be at the absolute discretion of the management. The probation period may be extended to 12 months in some circumstances. The purpose of the probationary period is to assess your ability and willingness to carry out your assigned duties.
(h) Your holiday entitlements shall be twenty working days, and shall be given in accordance with the relevant current legislation, the leave year runs from Jan-01 to Dec-31, carryover of holiday entitlement to next calendar year will be permitted with the agreement of both parties to this contract.
(i) No more than 10 working days holidays can be taken together at any time, requests for holidays should be made at least 6 weeks in advance, no bookings should be made until confirmation is received in writing from the Company that the dates requested are available. The Company can accept no responsibility for financial loss as result of bookings made without receiving written confirmation of availability of dates.
(j) You will be entitled to 15-minute break after each of 4,5h completed work. If the work hours are greater than 6 hours the entitlement is 30 minutes which includes the 15-minute break already referred to. Breaks are not considered as “working time” and are not paid.
(k) The maximum average working week is 48 hours; you are required to inform the Company if you are working for another employer so as to ensure your total working hours do not exceed maximum average working time.
(l) You are required to complete a timesheet detailing starting, finishing and rest periods for each pay week, the timesheet should be submitted to your Supervisor/Manager on your last day of work for each relevant pay week.
(m) Retirement age is 65 years.
(n) Your normal working week will be 39 hours. Starting, finishing and rest periods will be as notified on the weekly roster. The normal working week will be Sunday to Saturday, inclusive, you will also be required to be available for work on Public Holidays. Sunday working hours will be paid at the normal overtime rate.
(o) You may be required to work overtime and your co-operation in this regard is expected. Flexibility with regard to your duties is also expected.
(p) You will be paid overtime at the rate of time and one half your basic hourly rate for each hour in excess of 39 hours in any one week.
(q) Your normal place of work will be the Company's premises at …, Dublin. However, you may be required from time to time to work in a similar capacity at one of the company's other places of business.
(r) You must inform your Manager if you are unable to attend work at the earliest opportunity, but no later than 2 hours before your shift commences. Uncertified absences or reporting late for work or combination of both on 3 occasions in any 4 week period will be subject to the Disciplinary procedure.
A Doctor's Certificate will be required for all absences from work exceeding 2 days in any 7 day period.
There is no provision for sick pay. Sick pay is ex-gratia and at the discretion of the Company.
(s) Requests for particular days off on the following weeks roster commencing each Sunday should be made no later than 5pm on Wednesday each week, these requests will be facilitated where possible.
(t) The company reserves the right to lay you off from work or reduce your working hours, where, through circumstances beyond its control, it is unable to maintain you in employment, or maintain you in full-time employment.
(u) You will receive as much notice as is reasonably possible prior to such lay-offs or short-time. You will not be paid during the lay-off period. You will be paid for hours actually worked during periods of short-time.
(v) The company reserves the right to search your person and property while on, or when departing from the premises.
(w) You are required to give one week's notice, in writing, of termination of employment. Action will be enforced if failure to comply with this paragraph.
(x) Your employment may be terminated, without notice, for serious misconduct or failure to carry out such duties as may be assigned to you.
(y) At times you will be required to attend training courses in order to comply with Food Hygiene and Safety Regulations, these are compulsory and will form part of your normal working week. Your continued employment will be at risk if you fail to complete assigned training.
(z) While at work you will be obliged to dress at all times in accordance with the dress code applicable in your place of work.
2. Respect and Dignity in the Workplace
Every employee is entitled to carry out their work free from harassment in the form of verbal, physical, visual harassment on the basis of race, religion, ethnic origin, age, sexual orientation, disability or gender.
Bullying is repeated aggression, verbal, psychological or physical.
Both parties to this Contract undertake to ensure that the respect and dignity of all employees is upheld, any person who is experiencing any form or harassment whether of a sexual or aggressive means, whether from other company employees or not, or is aware of another Company employee who is experiencing harassment should immediately report the matter to their Manager, where a full investigation will be carried out by the Company.
3. Grievance/Complaint Procedure
Should you have a grievance the following procedures should be followed.
(a) Address your concerns to your immediate Manager.
(b) The Manager who receives the complaint should make the next Senior Manager in line aware of the nature of the complaint.
(c) A decision will be made on the matter after consultation with the employee and their immediate Manager, or other suitably qualified person.
(d) If you are dissatisfied with the decision you may appeal the matter in writing to the Managing Director at the Company's address shown above.
4. Dismissal Procedure
There are certain breaches of company rules and of established custom and practice which will render you liable for dismissal.
You may be dismissed from the company for:
(a) Incompetence or poor work performance
(b) Gross misconduct (serious or persistent)
(c) Incapacity
(d) Failure to carry out reasonable instructions
(e) Redundancy
(f) Some other substantial reason
The following procedure will be followed before a decision to dismiss you from the company is taken:
A full investigation will be carried out by the company. You may be suspended with or without pay pending such investigation. You will be informed of the reasons for the proposed dismissal and the possible penalty if the complaint is substantiated, and you have the right to state your case.
You may appeal to the Managing Director (or another appropriate person) if a decision is taken to dismiss you at the conclusion of the above.
Certain serious breaches of company rules, custom or practice, may result in you being dismissed without notice, or pay in lieu of notice.
5. General Rules of Conduct and Disciplinary
General rules of conduct:
The following outlines some of the basic standards that are required from you on a day to day basis.
(a) Arrive for work on time and leave at the times detailed on your weekly roster. It should be observed that you should be ready to commence work at your starting time. Acquaintances and unrostered staff should only frequent your place of work as customers.
(b) Carry out your duties with diligence and professionalism.
(c) Treat the Company property with due care.
(d) Be courteous to customers, fellow staff, managers and others having business with the company.
(e) Observe company rules, food safety, hygiene and safety procedures.
Disciplinary Procedures:
1st Offence - 1st Written Warning
2nd Offence - 2nd Written Warning
3rd Offence - Final written warning and suspension without pay for one week
4th Offence - Termination of employment
If you maintain a clear record for 18 months for disciplinary procedures up to and including disciplinary procedures enforced to the 3rd offence, all future disciplinary procedures will commence from the 1st offence.
6. Acceptance
All of the above applies to both full and part time staff. All benefits should be calculated on pro rata basis. Any disputable issues will be subject to the Irish Employment Law.
I accept and agree to all of the above terms and conditions of my employment. I further confirm that I have fully read and understood the following enclosures and acknowledge that they form part of my terms and conditions of employment:
* Health and Safety Handbook
* Employee Handbook
Signed ………………………………………………………… Date …………………………………………….
(Employee)
Signed ………………………………………………………… Date …………………………………………….
(On behalf of the Company)