06/12/2018

Employment Rights and Responsibilities

This assignment will outline the main legislation and regulations relevent to the workplace with
special reference to health and safety in the Horticulture sector

SAFETY, HEALTH AND WELFARE

The Safety, Health and Welfare at Work Act, 2005, places responsibility for occupational health and
safety on both employers and employees.The Act develops the role of employers, employees and
Government in framing and implementing occupational safety and health policy in Ireland.
Employer’s duties:

• Provide and maintain a safe workplace which uses safe plant and equipment
• Prevent risks from use of any article or substance and from exposure to physical agents, noise
and vibration
• Prevent any improper conduct or behaviour likely to put the safety, health and welfare of
employees at risk
• Provide instruction and training to employees on health and safety
• Provide protective clothing and equipment to employees
• Appointing a competent person as the organisation’s Safety Officer

Employee’s duties:

• To take reasonable care to protect the health and safety of themselves and of other people in the
workplace
• Not to engage in improper behaviour that will endanger themselves or others
• Not to be under the influence of drink or drugs in the workplace
• To undergo any reasonable medical or other assessment if requested to do so by the employer
• To report any defects in the place of work or equipment which might be a danger to health and
safety

Health and Safety in Horticulture

With reference to health and safety in Horticulture the following are included in a booklet produced
by Board Glas in conjuction with the HSA.:

1. Manual Handling
Manual handling of loads includes lifting, carrying, pulling, pushing and moving or supporting a
load.
2. Working With Machinery
3. Slips, Trips and Falls
4. Safety with Electricity
5. Chemical Safety

Protecting Your Health

Health problems can arise in the industry and may develop unnoticed. The document states that
the best way to protect your health is by being aware of the risks, minimising them and reporting
the illness to your employer as soon as symptoms show. Some of the problems that ocur within
the Horticulture sector are skin problems, Weils disease and Mushroom Workers Lung.
Personal Protective Equipment and Clothing

Your employer will provide you with Personal Protective Equipment (PPE) and Personal
Protective Clothing (PPC) as appropriate. You have a legal duty to make proper use of
PPE and wear PPC in accordance with instructions and to return it to storage after use.
s to demonstrate their commitment to equality in the workplace and to avoid discrimination.

Employment Equality Acts 1998-2015

Employers cannot discriminate on the following nine grounds:

• Gender
• Civil status
• Family status
• Sexual orientation
• Religion
• Age (does not apply to a person under sixteen)
• Disability
• Race
• Membership of the Traveller community

Discrimination means treating one person in a less favourable way than another person based on
the above

Union Representation

• Employees have a right under the Constitution to join a trade union.

• A union is a group of workers that makes a representation for common work entitlements
regarding pay and conditions in the workplace.
• The Irish Congress of Trade Unions is the umbrella organisation for most of the bigger unions in
Ireland and represents employees at talks with employers and government representatives.

The Trade Union Act, 1941 requires any organisation wishing to carry on negotiations on the
fixing of wages or other conditions of employment to hold a negotiation licence granted by the
Minister for Jobs, Enterprise and Innovation.

Pay Legislation

Under the National Minimum Wages Act 2000 employees are entitled to a minimum wage. Most
adult workers in Ireland are entitled to €9.55 per hour
Exceptions:
1 - those employed by close relatives
2 - those aged under 18
3 - trainees or apprentices. The minimum is not the maximum.

The Payment of Wages Act 1991 entitles employees to a written statement of pay or 'payslip'
setting out gross pay and list all deductions made from it.
Holidays & Leave
Annual leave from work and public holidays.

1 - Fulltime workers have the right to four working weeks paid annual leave per year.
2 - Part-time workers have the right to a proportional amount of annual leave based on the amount
of time they work – usually 8% of hours worked.
3 - All workers have the right to time off or pay for working bank holidays.

Maternity Protection Acts 1994 & 2004 Parental Leave Acts 1998 & 2006

Maternity leave

If an employee becomes pregnant during employment she is entitled to 26 weeks’ maternity leave
together with 16 weeks unpaid leave. (Maternity Protection Act 1994, amended 2004)
Parental leave. A parent may take leave from employment in respect of certain children for up to
18 weeks per child.

One of the employer’s duties is to prevent improper conduct or behaviour (which includes bullying).
An employer should have established procedures for dealing with complaints of bullyin in the
workplace and deal with such complaints immediately. Ignoring complaints of bullying could leave
an employer open to a possible claim for damages by an employee. It is advisable for an employer
to have an established grievance procedure to deal with complaints of bullying. An employee who
feels that they are the victim of bullying can also refer the matter to the Workplace Relations
Commission. The Code of Practice for Employers and Employees on the prevention and
Resolution of Bullying at Work sets out guidance notes for addressing bullying in the workplace.

Harassment
The Employmeny Equality Acts 1998 - 2015 place an obligation on all employers to prevent
harrassment in the workplace. Under this legislation, you are entitled to bring a claim to the
Workplace Relations Commission and your employer may be obliged to pay you compensation if
you are harassed by reason of your gender, civil status, family status, sexual orientation, age,
disability, race, religious belief or membership of the Traveller community.