IE
(LRC Revised)
Statutory Text (1 Articles)
Number 5 of 1994
TERMS OF EMPLOYMENT (INFORMATION) ACT 1994
REVISED
Updated to 16 December 2022
Changes to legislation
as of 10 July 2026, this Act is up to date with all changes known to be in force.
This Revised Act is an administrative consolidation of the
Terms of Employment (Information) Act 1994
. It is prepared by the Law Reform Commission in accordance with its function under
the
Law Reform Commission Act 1975
(3/1975) to keep the law under review and to undertake revision and consolidation
of statute law.
All Acts up to and including the
Appropriation Act 2022
(45/2022), enacted 16 December 2022, and all statutory instruments up to and including
the
European Union (Transparent and Predictable Working Conditions) Regulations
2022
(S.I. No. 686 of 2022), made 16 December 2022, were considered in the
preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act,
the Law Reform Commission can assume no responsibility for and give no guarantees,
undertakings or warranties concerning the accuracy, completeness or up to date nature
of the information provided and does not accept any liability whatsoever arising from
any errors or omissions. Please notify any errors, omissions and comments by email
to
revisedacts@lawreform.ie.
Number
5
of
1994
TERMS OF EMPLOYMENT (INFORMATION) ACT 1994
REVISED
Updated to 16 December
2022
ARRANGEMENT OF SECTIONS
Section
1.
Interpretation.
2.
Exclusions.
3.
Written statement of terms of employment.
3A.
Form of statement to be
provided.
4.
Employment outside State.
5.
Notification of changes.
5A.
Contracts of employment
existing before the commencement of European Union (Transparent and
Predictable Working Conditions) Regulations 2022.
6.
Existing contracts of employment.
6A.
Directions by inspector to employer.
6B.
Offences.
6C.
Protection against penalisation.
6D.
Maximum duration of
probationary period.
6E.
Parallel
employment.
6F.
Transition to another form of
employment.
6G.
Mandatory training.
6H.
Collective
Agreements.
6I.
Disapplication of certain
provisions.
7.
Complaint to adjudication officer under section 41 of Workplace Relations Act 2015
8.
Decision of Labour Court on appeal from decision referred to in section 7
9.
Enforcement of determinations of Tribunal.
10.
Evidence of failure to attend before or give evidence or produce documents to Tribunal.
11.
Laying of orders and regulations before Houses of Oireachtas.
12.
Expenses of Minister.
13.
Repeals.
14.
Short title and commencement.
Number
5
of
1994
TERMS OF EMPLOYMENT (INFORMATION) ACT 1994
REVISED
Updated to 16 December
2022
AN ACT TO PROVIDE FOR THE IMPLEMENTATION OF DIRECTIVE NO. 91/533/EEC OF 14 OCTOBER,
1991 OF THE COUNCIL OF THE EUROPEAN COMMUNITIES ON AN EMPLOYER’S OBLIGATION TO INFORM EMPLOYEES OF THE CONDITIONS APPLICABLE TO THE CONTRACT OR EMPLOYMENT
RELATIONSHIP, TO AMEND THE
MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACT, 1973
, AND TO PROVIDE FOR RELATED MATTERS. [5
th April
, 1994]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS
Annotations
Modifications (not altering text)
C1
Functions under
collectively cited
Terms of Employment (Information) Acts
transferred and
references construed (14.10.2020) by
Employment Affairs and Employment Law
(Transfer of Departmental Administration and Ministerial Functions) Order
2020
(S.I. No. 438 of 2020), arts. 2, 3(1)(a), (2) and sch., in effect as
per art. 1(2), subject to transitional provisions in arts. 4-8.
2. (1) The administration
and business in connection with the exercise, performance or execution of any
functions transferred by Article 3 are transferred to the Department of Business,
Enterprise and Innovation.
(2) References to the
Department of Employment Affairs and Social Protection contained in any Act or any
instrument made under such Act and relating to any administration and business
transferred by paragraph (1) shall, on and after the commencement of this Order,
be construed as references to the Department of Business, Enterprise and
Innovation.
3. (1) The functions vested
in the Minister for Employment Affairs and Social Protection -
(
a
) by or under the
Acts specified in Part 1 of the Schedule and the provisions of the Acts specified
in Part 2 of the Schedule, and
...
are transferred to the
Minister for Business, Enterprise and Innovation.
...
(2) References to the
Minister for Employment Affairs and Social Protection contained in any Act or
instrument made under such Act and relating to any functions transferred by this
Article shall, on and after the commencement of this Order, be construed as
references to the Minister for Business, Enterprise and Innovation.
SCHEDULE 1
PART 1
ACTS OF THE OIREACHTAS
...
Terms of Employment (Information)
Acts 1994 to 2014
...
C2
Application of Act restricted (1.09.2020) by
European Union
(International Labour Organisation Work in Fishing Convention) (Crew List and
Fisherman’s Work Agreement) Regulations 2020
(S.I. No. 333 of 2020), reg.
3(2).
Application
3. (1) These Regulations apply to fishing vessels
engaged in sea fishing.
(2) Notwithstanding anything contained in the Act of
1994 relating to a matter provided for by these Regulations, the provision in
these Regulations shall operate in relation to that matter where it provides
greater protection to a fisherman than the Act of 1994.
(3) These Regulations shall not apply to an owner
who single-handedly operates a fishing vessel.
(4) Paragraphs (2) and (3) shall not apply in
respect of Regulations 5 and 16(3).
C3
Minister empowered to make regulations for purposes of Act (16.05.2012)
by
Protection of Employees (Temporary Agency Work) Act 2012
(13/2012), s.
10(2), commenced on enactment.
Statement of terms of employment of agency workers.
10.
— ...
(2) The Minister may, for the purposes of the Act of 1994, make regulations that make
provision in relation to the giving of information by hirers to employment agencies
for the purposes of enabling employment agencies to comply with that Act.
...
C4
Minister not deemed to be employer under certain conditions (1.01.2012)
by
Social Welfare Consolidation Act 2005
(26/2005), s. 359A(4) as inserted
by
Social Welfare and Pensions Act 2010
(37/2010), s. 29(4), S.I. No. 703
of 2011.
Functions of Minister in
relation to employment schemes and related schemes and programmes.
359A.
— ...
(4) The Minister shall not be, or be deemed to be, an employer, within the meaning
of the Terms of Employment (Information) Acts 1994 and 2001 by reason only of the
provision of funding by him or her to a person pursuant to a scheme or programme provided
under this section.
...
C5
Minister not deemed to be employer under certain conditions (1.09.2010)
by
Social Welfare (Miscellaneous Provisions) Act 2010
(28/2010), s. 32(2),
S.I. No. 443 of 2010.
Functions of Minister.
32.
— ...
(2) The Minister shall not be, or be deemed to be, an employer, within the meaning
of the Terms of Employment (Information) Acts 1994 and 2001 by virtue only of the
provision of funding to a person or persons under a scheme provided under this Part
or the scheme referred to in subsection (1)(d)(i) or the programme referred to in
subsection (1)(d)(ii).
...
C6
Minister not deemed to be employer under certain conditions (9.07.2007)
by
Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act
2007
(32/2007), s. 2(3), commenced on enactment.
Functions of Minister.
2.
— ...
(3) The Minister shall not be, or be deemed to be, an employer, within the meaning
of the Terms of Employment (Information) Acts 1994 and 2001, by virtue only of the
provision of funding to a person or persons under any scheme.
...
C7
Application of Act to part-time employees confirmed (20.12.2001) by
Protection of Employees (Part-Time Work) Act 2001
(45/2001), s. 8, S.I. No. 636 of 2001.
Application of relevant
enactments.
8.
—Each relevant enactment shall apply to a part-time employee in the same manner, and
subject to the like exceptions not inconsistent with this section, as it applies,
other than by virtue of this Act, to an employee to whom that enactment relates.
Editorial Notes
E1
Act included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by
Workplace Relations Act 2015
(16/2015), s. 2 and sch. 1 part 1 item 20, S.I. No. 338 of 2015, with the following
effects
• Authorised officers or inspectors under employment enactments deemed to be appointed
under
Workplace Relations Act 2015
(16/2015), s. 26(2) and subject to termination under s. 26(4).
• Powers of inspectors for purposes of relevant enactments defined in
Workplace Relations Act 2015
(16/2015), s. 27.
• Workplace Relations Commission, an inspector or an adjudication officer authorised
to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by
Workplace Relations Act 2015
(16/2015) s. 31(5).
• Power of Workplace Relations Commission and official body to disclose information
to each other concerning the commission of offence under relevant enactment provided
by
Workplace Relations Act 2015
(16/2015), s. 32.
• Power of Workplace Relations Commission and contracting authority to disclose information
to each other concerning the commission of offence under employment enactment/ relevant
enactment provided by
Workplace Relations Act 2015
(16/2015), s. 33.
• Powers of Minister to prosecute under relevant enactments transferred to Workplace
Relations Commission and references construed by
Workplace Relations Act 2015
(16/2015), s. 37.
• Functions of EAT to hear claims under employment enactments transferred to Workplace
Relations Commission and references to EAT construed by
Workplace Relations Act 2015
(16/2015) s. 66(1), (2), not commenced as of date of revision.
E2
Power to amend name of employer or other material particular in decision under Act
provided (30.09.1997) by
Organisation of Working Time Act 1997
(20/1997), s. 39(2), S.I. No. 392 of 1997.
E3
Previous affecting provision: functions under collectively cited
Terms of Employment (Information) Acts 1994 to 2014
transferred and
“Minister for” and “Department of Jobs, Enterprise and
Innovation” construed (1.09.2017) by
Labour Affairs and Labour Law
(Transfer of Departmental Administration and Ministerial Functions) Order
2017
(S.I. No. 361 of 2017), arts. 2, 3, 6-8, in effect as per art. 1(2),
subject to transitional provisions in arts. 4, 5; superseded as per C-note
above.
Annotations
Modifications (not altering text)
C1
Functions under
collectively cited
Terms of Employment (Information) Acts
transferred and
references construed (14.10.2020) by
Employment Affairs and Employment Law
(Transfer of Departmental Administration and Ministerial Functions) Order
2020
(S.I. No. 438 of 2020), arts. 2, 3(1)(a), (2) and sch., in effect as
per art. 1(2), subject to transitional provisions in arts. 4-8.
2. (1) The administration
and business in connection with the exercise, performance or execution of any
functions transferred by Article 3 are transferred to the Department of Business,
Enterprise and Innovation.
(2) References to the
Department of Employment Affairs and Social Protection contained in any Act or any
instrument made under such Act and relating to any administration and business
transferred by paragraph (1) shall, on and after the commencement of this Order,
be construed as references to the Department of Business, Enterprise and
Innovation.
3. (1) The functions vested
in the Minister for Employment Affairs and Social Protection -
(
a
) by or under the
Acts specified in Part 1 of the Schedule and the provisions of the Acts specified
in Part 2 of the Schedule, and
...
are transferred to the
Minister for Business, Enterprise and Innovation.
...
(2) References to the
Minister for Employment Affairs and Social Protection contained in any Act or
instrument made under such Act and relating to any functions transferred by this
Article shall, on and after the commencement of this Order, be construed as
references to the Minister for Business, Enterprise and Innovation.
SCHEDULE 1
PART 1
ACTS OF THE OIREACHTAS
...
Terms of Employment (Information)
Acts 1994 to 2014
...
C2
Application of Act restricted (1.09.2020) by
European Union
(International Labour Organisation Work in Fishing Convention) (Crew List and
Fisherman’s Work Agreement) Regulations 2020
(S.I. No. 333 of 2020), reg.
3(2).
Application
3. (1) These Regulations apply to fishing vessels
engaged in sea fishing.
(2) Notwithstanding anything contained in the Act of
1994 relating to a matter provided for by these Regulations, the provision in
these Regulations shall operate in relation to that matter where it provides
greater protection to a fisherman than the Act of 1994.
(3) These Regulations shall not apply to an owner
who single-handedly operates a fishing vessel.
(4) Paragraphs (2) and (3) shall not apply in
respect of Regulations 5 and 16(3).
C3
Minister empowered to make regulations for purposes of Act (16.05.2012)
by
Protection of Employees (Temporary Agency Work) Act 2012
(13/2012), s.
10(2), commenced on enactment.
Statement of terms of employment of agency workers.
10.
— ...
(2) The Minister may, for the purposes of the Act of 1994, make regulations that make
provision in relation to the giving of information by hirers to employment agencies
for the purposes of enabling employment agencies to comply with that Act.
...
C4
Minister not deemed to be employer under certain conditions (1.01.2012)
by
Social Welfare Consolidation Act 2005
(26/2005), s. 359A(4) as inserted
by
Social Welfare and Pensions Act 2010
(37/2010), s. 29(4), S.I. No. 703
of 2011.
Functions of Minister in
relation to employment schemes and related schemes and programmes.
359A.
— ...
(4) The Minister shall not be, or be deemed to be, an employer, within the meaning
of the Terms of Employment (Information) Acts 1994 and 2001 by reason only of the
provision of funding by him or her to a person pursuant to a scheme or programme provided
under this section.
...
C5
Minister not deemed to be employer under certain conditions (1.09.2010)
by
Social Welfare (Miscellaneous Provisions) Act 2010
(28/2010), s. 32(2),
S.I. No. 443 of 2010.
Functions of Minister.
32.
— ...
(2) The Minister shall not be, or be deemed to be, an employer, within the meaning
of the Terms of Employment (Information) Acts 1994 and 2001 by virtue only of the
provision of funding to a person or persons under a scheme provided under this Part
or the scheme referred to in subsection (1)(d)(i) or the programme referred to in
subsection (1)(d)(ii).
...
C6
Minister not deemed to be employer under certain conditions (9.07.2007)
by
Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act
2007
(32/2007), s. 2(3), commenced on enactment.
Functions of Minister.
2.
— ...
(3) The Minister shall not be, or be deemed to be, an employer, within the meaning
of the Terms of Employment (Information) Acts 1994 and 2001, by virtue only of the
provision of funding to a person or persons under any scheme.
...
C7
Application of Act to part-time employees confirmed (20.12.2001) by
Protection of Employees (Part-Time Work) Act 2001
(45/2001), s. 8, S.I. No. 636 of 2001.
Application of relevant
enactments.
8.
—Each relevant enactment shall apply to a part-time employee in the same manner, and
subject to the like exceptions not inconsistent with this section, as it applies,
other than by virtue of this Act, to an employee to whom that enactment relates.
Editorial Notes
E1
Act included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by
Workplace Relations Act 2015
(16/2015), s. 2 and sch. 1 part 1 item 20, S.I. No. 338 of 2015, with the following
effects
• Authorised officers or inspectors under employment enactments deemed to be appointed
under
Workplace Relations Act 2015
(16/2015), s. 26(2) and subject to termination under s. 26(4).
• Powers of inspectors for purposes of relevant enactments defined in
Workplace Relations Act 2015
(16/2015), s. 27.
• Workplace Relations Commission, an inspector or an adjudication officer authorised
to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by
Workplace Relations Act 2015
(16/2015) s. 31(5).
• Power of Workplace Relations Commission and official body to disclose information
to each other concerning the commission of offence under relevant enactment provided
by
Workplace Relations Act 2015
(16/2015), s. 32.
• Power of Workplace Relations Commission and contracting authority to disclose information
to each other concerning the commission of offence under employment enactment/ relevant
enactment provided by
Workplace Relations Act 2015
(16/2015), s. 33.
• Powers of Minister to prosecute under relevant enactments transferred to Workplace
Relations Commission and references construed by
Workplace Relations Act 2015
(16/2015), s. 37.
• Functions of EAT to hear claims under employment enactments transferred to Workplace
Relations Commission and references to EAT construed by
Workplace Relations Act 2015
(16/2015) s. 66(1), (2), not commenced as of date of revision.
E2
Power to amend name of employer or other material particular in decision under Act
provided (30.09.1997) by
Organisation of Working Time Act 1997
(20/1997), s. 39(2), S.I. No. 392 of 1997.
E3
Previous affecting provision: functions under collectively cited
Terms of Employment (Information) Acts 1994 to 2014
transferred and
“Minister for” and “Department of Jobs, Enterprise and
Innovation” construed (1.09.2017) by
Labour Affairs and Labour Law
(Transfer of Departmental Administration and Ministerial Functions) Order
2017
(S.I. No. 361 of 2017), arts. 2, 3, 6-8, in effect as per art. 1(2),
subject to transitional provisions in arts. 4, 5; superseded as per C-note
above.
Section
1.
Interpretation.
2.
Exclusions.
3.
Written statement of terms of employment.
3A.
Form of statement to be
provided.
4.
Employment outside State.
5.
Notification of changes.
5A.
Contracts of employment
existing before the commencement of European Union (Transparent and
Predictable Working Conditions) Regulations 2022.
6.
Existing contracts of employment.
6A.
Directions by inspector to employer.
6B.
Offences.
6C.
Protection against penalisation.
6D.
Maximum duration of
probationary period.
6E.
Parallel
employment.
6F.
Transition to another form of
employment.
6G.
Mandatory training.
6H.
Collective
Agreements.
6I.
Disapplication of certain
provisions.
7.
Complaint to adjudication officer under section 41 of Workplace Relations Act 2015
8.
Decision of Labour Court on appeal from decision referred to in section 7
9.
Enforcement of determinations of Tribunal.
10.
Evidence of failure to attend before or give evidence or produce documents to Tribunal.
11.
Laying of orders and regulations before Houses of Oireachtas.
12.
Expenses of Minister.
13.
Repeals.
14.
Short title and commencement.
Number
5
of
1994