Employment (Miscellaneous Provisions) Act 2018

Amendment of section 3 of Act of 1994

7. Section 3 of the Act of 1994 is amended—

(a) by the insertion of the following subsection after subsection (1):

“(1A) Without prejudice to subsection (1), an employer shall, not later than 5 days after the commencement of an employee’s employment with the employer, give or cause to be given to the employee a statement in writing containing the following particulars of the terms of the employee’s employment, that is to say:

(a) the full names of the employer and the employee;

(b) the address of the employer in the State or, where appropriate, the address of the principal place of the relevant business of the employer in the State or the registered office (within the meaning of the Companies Act 2014 );

(c) in the case of a temporary contract of employment, the expected duration thereof or, if the contract of employment is for a fixed term, the date on which the contract expires;

(d) the rate or method of calculation of the employee’s remuneration and the pay reference period for the purposes of the National Minimum Wage Act 2000 ;

(e) the number of hours which the employer reasonably expects the employee to work—

(i) per normal working day, and

(ii) per normal working week.”,

(b) by the insertion of the following subsection after subsection (1A):

“(1B) Where a statement under subsection (1A) contains an error or omission, the statement shall be regarded as complying with the provisions of that subsection if it is shown that the error or omission was made by way of a clerical mistake or was otherwise made accidentally and in good faith.”,

(c) by the substitution of the following subsection for subsection (2):

“(2) Each statement referred to in subsection (1) and (1A) shall be given to an employee notwithstanding that the employee’s employment ends before the end of the period within which the statement is required to be given.”,

(d) in subsection (3), by the substitution of “paragraph (d) of subsection (1A) or paragraphs” for “paragraphs (g),”,

(e) in subsection (4), by the substitution of “subsection (1) or (1A)” for “subsection (1)”,

(f) in subsection (5), by the substitution of “a statement furnished under this section” for “the said statement”, and

(g) in subsection (6)(a), by the substitution of “subsection (1) or (1A)” for “subsection (1)”.