Employment Contracts
Under the current Labour Law Legislation, employers are required to provide employees with the terms and conditions of their employment in writing. For the vast majority of employees, this is reasonably straightforward. However, employers should consider making a virtue out of necessity and reviewing all of their staff with a particular reference to key employees - those that have particular skills or are in sensitive areas.
Frequently employers seek legal advice only after their key employee has left taking with him the skills and experience garnered while working for the employer. While the law in regard to restraining employees from working elsewhere is limited, there are some limitations that can be imposed on employees. If legal advice is not sought at the outset, then obviously no limitations can be imposed after the event.

Transfer of Undertakings
One area which is generally ignored by rural Solicitors, at their peril, is Transfer of Undertakings, even though it has been in place for over 20 years. This is a Council directive which was passed on the 14th of February, 1977.
In the preamble it says that :
Whereas generic trends are bringing in their wake, changes in the structure of Undertakings through the transfer of Undertakings, businesses or part of businesses to other employers as a result of Legal Transfers.
  • It is necessary to provide for the protection of employees in that event.
  • There are differences between different member States.
  • The purposes of the directive is to bring some harmony to the different member States.
  • The directive applies to the Transfer of an Undertaking, business or part of a business to another employer as a result of a transfer or a merger.
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