Q. I have a shop in the county. I do some in person sales and some online. The time from the start of December to around about mid-February is the busiest time of the year for me. I’ve always been able to do it myself, but I am going to need some extra help as things have been so busy. Can you give me some advice on taking on temporary employees?
Dear Reader,
The first thing to note is that you should ensure you have written contracts of employment for each employee, even if they are only temporary. It should be clear what the term of the contract is to be – i.e. for six weeks/three months, etc – and set out the reasons why the employment is temporary. It should also confirm that at the end of the fixed term is not deemed an unfair dismissal.
It is vitally important that there be a contract, otherwise the ending of the fixed term might be deemed to be an unfair dismissal.
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It should include the most important the terms of employment, hours of work, job title, description of work, place of work, leave, notice periods, rate of pay, holiday entitlements etc. You should also have a brief grievance procedure.
With regard to holiday entitlements, each employee is entitled to holiday leave comprising eight per cent of the hours worked. It is a matter for you, as employer, to decide when and how leave is taken. If they are only seasonal and part-time employees, it might be most beneficial to allow holiday leave at the end of employment, essentially paying them in lieu of holidays.
Christmas Day, St Stephen’s Day, New Year’s Day and St Bridget’s Day are public holidays. Your employees are entitled to a paid day off, an additional day of annual leave or days’ pay, or a paid day off within a month of the public holiday.
You are entitled to choose which is extended to your employee. However, it is important to note that if an employee has worked less than 40 hours in total in the five weeks before the relevant public holiday, they are not entitled to any additional leave or payment for the holiday.
For employees required to work on a Sunday, you must pay a reasonable allowance, a reasonable pay increase, or reasonable paid time off work. The Labour Court said that a reasonable increase for Sunday hours is between 25 and 33 per cent.
There is no statutory entitlement to overtime or to bonuses.
They are also entitled to join a pension scheme, although if the term is so short this is probably a moot point. You must also tell them of any permanent positions that arise in the company.