Employment Contract Ireland: What the Law Requires 2026
Starting a new job, or hiring your first employee? An employment contract in Ireland is not paperwork you can get to later. The law sets hard deadlines — five days for some terms, one month for the rest — and getting it wrong can cost an employer up to four weeks’ pay per employee at the Workplace Relations Commission (WRC). Here is what the law requires in 2026, in plain English.
Is a written employment contract required by law in Ireland?
A contract of employment exists the moment someone agrees to work for you for pay — it does not have to be written down. But separate legislation requires the employer to give the employee a written statement of terms, and that obligation is absolute.
The governing law is the Terms of Employment (Information) Act 1994, amended by the Employment (Miscellaneous Provisions) Act 2018 and the European Union (Transparent and Predictable Working Conditions) Regulations 2022 (S.I. No. 686/2022), which became law on 16 December 2022. Most Irish employers meet both obligations with a single well-drafted written contract.
The “Day 5” statement of core terms
Within five days of the employee starting, the employer must give a written statement covering:
- the full names of the employer and the employee;
- the place of work, or a statement that the employee works at various places or may determine their own place of work;
- the job title, grade, nature or category of the work, or a brief description of it;
- the date the employment starts;
- the expected duration of a temporary contract, or the end date of a fixed-term contract;
- the rate of pay or the method of calculating it;
- the number of hours the employer reasonably expects the employee to work per normal working day and per normal working week;
- any terms and conditions relating to hours of work, including overtime;
- the duration of, and conditions attaching to, any probationary period.
The remaining terms — within one month
All other terms required by the 1994 Act must follow within one month of the start date. Since the 2022 Regulations this must also cover any training the employer provides, the user undertaking for agency workers, the social security institutions receiving contributions, and — where the work pattern is mostly unpredictable — the variable schedule, guaranteed paid hours, reference hours and days, and minimum notice before a work assignment.
Form and signature
The statement must be in writing, signed and dated on behalf of the employer, and either given on paper or made accessible electronically in a form the employee can print and store, with the employer retaining proof of transmission or receipt. Any change to the terms must be notified on or before the day it takes effect.
Probation periods: the six-month rule
Probation used to be purely a matter of contract. Since 1 August 2022 it is regulated: a probationary period at the start of employment may not exceed six months, extendable to no more than twelve months only in the limited circumstances set out in the Regulations. For public servants the maximum is twelve months. For fixed-term employees, probation must be proportionate to the expected duration of the contract and the nature of the work, and where a fixed-term contract is renewed for the same functions no new probationary period may be imposed.
What else the 2022 Regulations changed
- Parallel employment. An employer cannot prohibit an employee from working for another employer outside the agreed schedule, or penalise them for doing so, unless there are objective grounds — health and safety, business confidentiality, integrity of the public service, or conflicts of interest. Any restriction and the grounds for it must appear in the contract or written statement.
- More predictable work. An employee who has completed probation and has at least six months’ continuous service may ask, once in any twelve-month period, for more predictable and secure working conditions. The employer must give a reasoned written reply within one month.
- Mandatory training. Where law or a collective agreement requires training for the job, it must be free to the employee and counts as working time.
Statutory terms your contract cannot undercut
A contract cannot reduce statutory entitlements. Key 2026 floors include:
- National minimum wage: €14.15 per hour from 1 January 2026, with reduced rates for employees under 20.
- Statutory sick leave: 5 days per calendar year at 70% of gross earnings, capped at €110 a day, once the employee has 13 weeks’ service. Unused days do not carry forward.
- Pension auto-enrolment: My Future Fund launched on 1 January 2026, with contributions due from the first 2026 payrolls for eligible employees.
- Annual leave, rest breaks and maximum working time under the Organisation of Working Time Act 1997.
Disciplinary and grievance procedures
A disciplinary procedure is the written process an employer follows before imposing a sanction, from a verbal warning to dismissal. The Code of Practice on Grievance and Disciplinary Procedures (S.I. No. 146/2000) provides that employers should give employees a copy of their grievance and disciplinary procedures within 28 days of the start date.
The Code’s essential elements are that procedures be rational and fair, that the basis for disciplinary action is clear, that penalties are well defined, and that an internal appeal is available. A dismissal that is substantively justified can still be found unfair because the procedure was not followed. Our Disciplinary Procedure Pack gives employers a solicitor-drafted procedure that mirrors the Code.
What happens if the employer gets it wrong?
An employee can complain to the WRC about a missing five-day statement, a missing one-month statement, or a statement that is deliberately false or misleading. Where the complaint is upheld, compensation of up to four weeks’ remuneration may be awarded.
Complaints must generally be brought within six months of the alleged contravention, extendable to twelve months where the employee shows reasonable cause. Separately, a claim under the Unfair Dismissals Acts 1977–2015 usually requires at least twelve months’ continuous service, with exceptions for certain categories of dismissal.
Frequently asked questions
Do I need a written contract of employment in Ireland?
You need a written statement of terms. A contract of employment in Ireland can be formed verbally, but the Terms of Employment (Information) Act 1994 obliges every employer to provide core terms in writing within five days and the balance within one month. Most employers issue one written contract that satisfies both.
What must be in an employment contract?
At minimum, the nine core items listed above — names, place of work, job title, start date, duration, pay, expected hours, terms on hours and overtime, and probation — followed within a month by the remaining statutory terms. A well-drafted contract also covers notice, confidentiality, intellectual property and the disciplinary and grievance procedures.
How long can a probationary period be?
Six months as a general rule, since 1 August 2022, extendable to twelve months only in the limited circumstances provided for in the 2022 Regulations. Twelve months applies to public servants.
What is a disciplinary procedure and does it have to be in writing?
It is the step-by-step process an employer follows before disciplining or dismissing an employee. Under S.I. No. 146/2000, employees should be given a written copy within 28 days of starting. Failing to follow a fair procedure is one of the most common reasons employers lose unfair dismissal cases.
My employer never gave me a contract — what can I do?
Raise it in writing first. If that does not resolve it, you can lodge a WRC complaint, generally within six months, and compensation of up to four weeks’ pay may be awarded. An Employment Contract Review Call is a fast way to check where you stand.
Getting your contracts right
Employers can get a solicitor-drafted Employment Contract (Standard / Remote / Part-Time) at a fixed fee, or browse our full range of fixed-fee employment law services.
This article is general information about Irish law and is not legal advice; it does not create a solicitor–client relationship. For advice on your own situation, book a consultation with a solicitor.
