Employment Contract Essentials Under Irish Law
Written Terms Are Mandatory
Under the Terms of Employment (Information) Acts 1994-2014, employers must provide employees with a written statement of 15+ key terms within 5 days of starting work. Five core terms must be provided on or before the first day: the full names of employer and employee, the employer's address, the expected duration of the contract, the rate of pay, and the number of hours the employer reasonably expects the employee to work per day and per week.
Auto-Enrolment Since January 2026
Since January 2026, the My Future Fund auto-enrolment scheme requires employers to automatically enrol eligible employees (aged 23-60, earning over EUR 20,000, not already in a workplace pension) into a pension scheme. Initial contributions are 1.5% from both employer and employee, rising over time to 6% each. Non-compliance can result in fines up to EUR 50,000. Every employment contract should now include a pension clause reflecting these obligations.
Remote Working Rights
Since March 2024, employees have a statutory right to request remote or flexible working under the Work Life Balance and Miscellaneous Provisions Act 2023. Employers must follow the WRC Code of Practice when handling requests and provide a reasoned response. While there is no automatic right to work remotely, the process must be followed correctly - failure to do so can result in WRC claims with awards of up to 20 weeks' remuneration.
Restrictive Covenants
Non-compete and non-solicitation clauses are common in Irish employment contracts, but they are only enforceable if they are reasonable. Irish courts assess three factors: scope (what activities are restricted), duration (typically 6-12 months is the maximum that will be upheld), and geography. A clause must protect a legitimate business interest. Overly broad clauses are struck down.
Getting It Right
Getting your employment contract right from the start avoids costly WRC claims later. The most common failures we see are missing mandatory terms, outdated pension references (pre auto-enrolment), no mention of remote working rights, and overly broad restrictive covenants that would not survive a legal challenge. A well-drafted contract protects both employer and employee.