Enforcing your employment rights

Information

If you are an employee, you have certain rights under employment law such as a minimum wage and annual leave. If you are not getting your rights or entitlements or if you lose your job and consider your dismissal was unfair, there are various organisations which can assist you to enforce your rights - see 'How to apply' below. Organisations involved in employment rights enforcement include the National Employment Rights Authority, the Employment Appeals Tribunal, the Labour Relations Commission, the Rights Commissioner Service, the Equality Tribunal and the Labour Court.

Streamlining of employment rights enforcement

The Minister for Jobs, Enterprise and Innovation has published proposals to streamline 5 employment rights enforcement organisations including a new integrated two-tier structure with a single point of entry to replace these 5 organisations. Since 4 January 2012 there is a new single complaint form (pdf) and guidance notes (pdf) available on the shared website, workplacerelations.ie.

Employment law compliance

In 2007 a new employment rights compliance office the National Employment Rights Authority was established - see below.

The Employment Law Compliance Bill 2008 (pdf) included the following proposals which would:

• Establish NERA on a statutory basis
• Strengthen NERA's powers of inspection and enforcement including the power to prosecute summary offences
• Involve NERA inspectors in the enforcement of employment permits legislation and strengthen that legislation as regards records and other employers' obligations
• Protect employees who report breaches of employment legislation in good faith and also protect them from penalisation when claiming their employment rights
• Increase the penalties for employment law offences: up to €5,000 and/or 12 months' imprisonment for summary offences and up to €250,000 and/or 3 years' imprisonment for indictable offences

National Employment Rights Authority

In February 2007 the National Employment Rights Authority (NERA) was established on an interim basis.

NERA Inspection Services (formerly the Labour Inspectorate) are responsible for enforcing certain employment laws and Registered Employment Agreements. NERA also carries out inspections and gathers information in relation to other employment laws. For example, employees or interested parties may ask for an inspection in relation to the protection of young people in employment.

NERA Enforcement and Prosecution Services (formerly sections of the Department of Jobs, Enterprise and Innovation). Their role is to ensure the compliance and enforcement of employment rights legislation.

Employment rights information: Since 4 January 2012 information on rights and entitlements under employment legislation (previously provided by NERA) is provided by Workplace Relations Customer Services.

Employment Appeals Tribunal

The Employment Appeals Tribunal is an independent body that hears a wide range of disputes concerning employment rights. Depending on the legislation it hears claims or appeals. Sometimes a claim is made directly to the Tribunal - see 'How to apply' below. In other cases it only hears appeals against decisions or recommendations of a Rights Commissioner.

Labour Relations Commission

The Labour Relations Commission promotes the improvement of, and advises on, industrial relations. It does this by providing a range of services to employers, employees and trade unions including the Conciliation Service, the Advisory Service, the Rights Commissioner Service and the Workplace Mediation Service.

Rights Commissioner Service

A Rights Commissioner is an independent officer of the Labour Relations Commission, who mainly hears individual employment rights claims. The Rights Commissioner tries to reach a settlement with both parties and makes a decision if the dispute is not settled. A Rights Commissioner's decision may be appealed in some cases to the Employment Appeals Tribunal, in other cases to the Labour Court.

Equality Tribunal

The Equality Tribunal investigates or mediates complaints of discrimination in employment including which includes training and access to employment. Under the Employment Equality Acts 1998 to 2008 (pdf) it is illegal to discriminate against someone on the grounds of gender, civil status, family status, religion, sexual orientation, age, disability, race or membership of the Traveller community.

The Labour Court

The Labour Court may investigate industrial disputes in certain circumstances. You may also appeal to it against decisions of a Rights Commissioner or the Equality Tribunal.

Department of Jobs, Enterprise and Innovation

The Department of Jobs, Enterprise and Innovation's responsibilities include promoting employment and protecting workers. These include redundancy payments and employment permits.

How to apply

Where you make a complaint to enforce one of your employment rights depends on the employment law it comes under. For example, your annual leave entitlement is set out under the Organisation of Working Time Act 1997.

Some employment legislation prohibits employers from victimising or penalising employees who try to enforce or are enforcing their rights given by the legislation. Victimisation could mean less favourable treatment or dismissal.

If you have a complaint about entitlements such as annual leave, public holidays, hours of work, maternity leave, carer's leave, adoptive leave, parental leave, you should apply to the Rights Commissioner Service - see 'Complaints below'.

If you are claiming unfair dismissal you should apply to the Rights Commissioner Service if you and your employer agree. If either of you objects to a Rights Commissioner hearing you should apply to the Employment Appeals Tribunal - see 'Complaints below'.

If there is a dispute about redundancy or if you do not get your minimum notice entitlement you may bring a claim to the Employment Appeals Tribunal - see 'Complaints below'.

If you have a complaint about discrimination in employment you should apply to the Equality Tribunal - see 'Complaints below'.

Complaints

If you are making a complaint to the Rights Commissioner Service, the Employment Appeals Tribunal or the Equality Tribunal you should use the new single complaint form (pdf) and guidance notes (pdf).

If you need information about employment law and your employment rights you should contact Workplace Relations Customer Services.