Zero Hours Contracts in Ireland: Your Rights Under the Employment (Miscellaneous Provisions) Act

Zero hours contracts — where an employer is not obliged to offer any minimum number of hours and the employee is not obliged to accept work — were a significant feature of the Irish labour market before being largely curtailed by legislation. The Employment (Miscellaneous Provisions) Act 2018 introduced important protections for workers on zero and low-hour contracts. This guide explains your rights.

What Is a Zero Hours Contract?

A zero hours contract is one where the employer is not contractually obliged to offer any minimum number of hours, and the employee is not obliged to accept any work offered. The worker only gets paid for hours actually worked. Before 2018, these contracts were entirely lawful in Ireland with few protections for workers.

The Employment (Miscellaneous Provisions) Act 2018

The 2018 Act significantly curtailed the use of zero hours contracts by introducing:

Prohibition on Zero Hours Contracts (with exceptions)

From 4 March 2019, zero hours contracts are prohibited where the work is predictable and regular. The prohibition does not apply to: genuine casual work, emergency cover, short-term relief cover, or situations where the work is not regular and predictable.

Minimum Payment for Available But Uncalled Workers

Where an employee is called in but sent home within an hour of arriving, they are entitled to a minimum payment of 3 times the national minimum wage for that attendance. This prevents employers from requiring workers to attend and then sending them home immediately.

Banded Hours

Where an employee works significantly more hours than their contracted hours consistently over a 12-month period, they can request to be placed in a higher “band” of contracted hours that reflects their actual average hours. There are eight bands ranging from 3 hours per week to 35+ hours per week. This is a significant protection for workers on low-hour contracts who regularly work more.

Day 5 Statement

All employees must now receive a written statement of their core terms of employment within 5 days of starting work — including their rate of pay, place of work, and hours of work. This prevents employers from delaying the provision of written terms.

Think your rights under the 2018 Act have been violated? Book a 30-minute consultation with one of our employment solicitors. Also see our guides on fixed-term contract rights and unfair dismissal in Ireland.

This article is for informational purposes only and does not constitute legal advice.