New Legislation Enacted
The Maternity Protection, Employment Equality and Preservation of Certain Records Act 2024 imposes significant restrictions on employers implementing non-disclosure agreements (NDAs) with employees. Under the Act, NDAs that relate to information concerning an allegation or any action taken by an employee related to discrimination, harassment, sexual harassment, or victimization are now void, subject to two exceptions.
First, the prohibition does not apply when the NDA is included as part of a settlement following a Workplace Relations Commission mediation. Second, NDAs are permissible if the following criteria are met:
- The employee requests the NDA;
- The employee obtains independent legal advice, in writing, from a legal practitioner paid by the employer, before
entering the NDA; - The NDA is in clear and easily understood language, in a format that is easily accessible;
- The NDA is of unlimited duration, unless an employee elects otherwise; and
- A provision is included stating that the NDA does not prohibit the employee from making relevant disclosures to certain individuals, including, for example, the Gardaí.
Under this exception, employees also have a 14-day cooling off period within which to withdraw from the NDA.
Automatic Retirement Savings System Enrollment Legislation to Go Into Effect in 2025
New Legislation Enacted
- Auto-enrollment in a new state-run retirement savings system will be required for employees between 23 and 60 years old who earn more than €20,000 per annum from all employment.
- Employees will be exempt from being automatically enrolled if they (or the employer on their behalf) are paying
contributions into a qualifying occupational pension plan, Personal Retirement Savings Account, trust retirement annuity contract, or Pan European Pension Plan. - Employers should ensure that they understand what auto-enrollment will mean for their business and employees, and decide how the business would like to provide retirement benefits to employees.
Updated Code of Practice on Determining Employment Status Published
New Regulation or Official Guidance
The Code considers the different factors to be considered when determining if a worker is an employee or an independent contractor, with reference to the five-step test established by the Supreme Court in Karshan. The Code lists typical characteristics the WRC will consider when determining status as a preliminary matter in a claim.
