This week, Declan Canty, Information Officer with Kerry Citizens Information outlines some of the rights and entitlements of seasonal and part-time workers.

A seasonal worker is a person who, for a limited period, works for a seasonal operation which is frequently found in the horticultural or agricultural sector. Other sectors, such as tourism and construction, are also included. Employees placed by an agency to carry out seasonal work are also in this category.

Terms of Employment

“Workers on seasonal work patterns have full access to the employment law provisions and to the terms and conditions of employment that employees are guaranteed under the law in Ireland," Declan said.

"Within five days of commencing employment, an employee must receive a written statement of the five core terms of their employment. In addition to this, employees must receive a full written statement of their terms and conditions of employment within two months of commencing employment.”

Wages and Pay

The National Minimum Wage is the minimum hourly pay rate that employers can legally pay their employees. It applies to full-time, part-time, temporary and seasonal employees. The rates are age related, with the full rate of €10.50 per hour applying to those age 20 or over.

“If your employment is covered by an SEO or an ERO you may have an entitlement to a higher rate of pay. An employee is also entitled to a premium payment for Sunday working.”

A written statement of wages (payslip) must be given to every employee with every payment of wages or, if you are paid electronically, as soon as possible after an electronic transfer has taken place.

Working Hours

The legislation sets out the rules around maximum working hours and, also, daily and weekly rest breaks. In some industries, such as agriculture and tourism, the rest breaks and rest periods may differ. You can get more information by contacting your local CIC or looking up our website www.citizensinformation.ie.

Holiday Leave

All employees, whether they are full-time, part-time, temporary or seasonal, earn annual leave and public holiday entitlements from the time they commence employment. There are minimum statutory entitlements for all employees, including an entitlement to four weeks paid annual leave per leave year for most employees. However, employees’ holiday entitlements are calculated depending on time worked. “If you need help calculating your annual leave entitlements, feel free to give us a call and we will be happy to help.”

Public Holidays

In Ireland there are now 10 public holidays each year. From 2023, there will be a new public holiday on the first Monday in February and the first Monday in February each year thereafter, except where February 1 falls on a Friday in which case that Friday February 1 will be the public holiday. While full-time workers have an immediate entitlement to benefit for public holidays, part-time workers have entitlement to benefit when they have worked a total of 40 hours in the previous five weeks.

Part-Time Workers

You are a part-time worker if you have fewer normal working hours than a comparable full-time worker. A comparable full-time worker works for the same employer as you, and either:

* Does the same work as you, under the same or similar conditions
* Is interchangeable with you in relation to the work done (for example, you can substitute or fill in for one another)
* Does the same work or similar work to you, and any differences between your work and working conditions are insignificant
* Does work of equal value, or of lesser value, than you.

The law on part-time work is set out in the Protection of Employees (Part-Time Work) Act 2001. This Act applies to all part-time workers, including casual workers. Part-time employees’ entitlements are generally in proportion (pro-rata basis) to full-time employees’ entitlements. This means that they should be in proportion to your hours. Declan confirms that there are minimum periods of continuous service required for the purpose of Unfair Dismissal and Redundancy entitlements as per the Unfair Dismissals Acts 1973-2015, and the Redundancy Payments Act 2003.

For more information in relation to your employment rights please contact a member of the local Citizens Information Service in Kerry on 0818 07 7860 Monday to Friday from 10am to 4pm. Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie

The National Phone Service is available on 0818 07 4000 Monday to Friday 9am to 8pm.