Statement of Terms of Employment (Day 5 and One Month)
The statutory written statement required by section 3 of the Terms of Employment (Information) Act 1994. It produces both parts in one document: the eleven particulars that section 3(1A) requires within five days of the employee starting, and the further particulars that section 3(1) requires within one month. The five-day list has not been five items since 16 December 2022, when the European Union (Transparent and Predictable Working Conditions) Regulations 2022 moved most of the one-month list into it and added the place of work, the nature of the work, the commencement date, the hours and overtime terms and the probationary period. The statement records the probation limits in section 6D, the parallel-employment rule in section 6E and the free mandatory training rule in section 6G, and it is drafted to be signed and dated as section 3(4) and section 3A require. Failing to give the five-day statement within one month is an offence under section 6B carrying a class A fine or twelve months' imprisonment.
Document preview
What you'll be asked
01Employer & employee
Employer full legal name · Employer address in the State · Employee full name · Employee address · Is the employee a public servant? · Is the employee a close relative of the employer, or an apprentice?
02The job, the place and the start
Date the contract of employment commenced · Date you are giving this statement to the employee · Job title, grade or category of work · Brief description of the work · Place of work · Address of the place of work · Type of contract · Expiry date, or the purpose for which the contract is made · Is the employee supplied to a user undertaking (agency work)? · User undertaking(s)
03Pay
How is pay expressed? · Gross hourly rate (EUR) · Gross annual salary (EUR) · Employee's age · Pay is paid · Method of payment · Other component elements of pay, shown separately · Do customers pay tips, gratuities or a mandatory service charge? · How tips, gratuities and mandatory charges are treated
04Hours, probation and outside work
Work pattern · Hours the employer reasonably expects per normal working day · Hours the employer reasonably expects per normal working week · Terms and conditions relating to hours of work, including overtime · Guaranteed paid hours per week, and what is paid above them · Reference hours and days within which the employee may be required to work · Minimum notice before a work assignment starts · Probationary period · Is a probationary period longer than 6 months justified under section 6D(3)? · Conditions of the probationary period · Other employment outside the work schedule · The objective grounds for the restriction
05Leave, notice, sickness and the rest
Terms relating to paid leave · Terms relating to sickness, injury and sick pay · The occupational sick pay scheme · Pensions and pension schemes · Details of the scheme · Notice the employer will give · Fixed notice from the employer · Notice the employee must give · Is a collective agreement, REA or ERO in force? · The agreement or order, and where a copy may be obtained · Training entitlement provided by the employer · Will the employee be required to work outside the State for a month or more? · Country, anticipated period, currency, benefits and repatriation terms
Frequently asked questions
Is this Statement of Terms of Employment (Day 5 and One Month) valid under Irish law?
Yes. This document is drafted for Irish law and adapts to your situation from your answers. It is still a template — for anything high-stakes, have it checked by a qualified professional.
Do I need a lawyer or an account?
No. Answer 50 guided questions, pay once, and download instantly. No account, no subscription.
How long does it take?
About 5 minutes. The questionnaire has 50 questions and the document is assembled as you go.
What formats do I get?
PDF and Word (.docx), downloadable immediately after payment.
Can I edit it afterwards?
Yes. The Word file is fully editable, and you can re-run the questionnaire to generate a new version.
Guides and articles from the blog
Probation period Ireland: the maximum is six months, with two narrow exceptions
Since 16 December 2022 an Irish probationary period cannot exceed six months. Twelve is allowed for a public servant, and for anyone else only on an exceptional basis where the longer period is in the employee's own interest.
Contract of employment template Ireland: what has to be in it
An Irish contract of employment that contains the section 3 particulars discharges the statutory statement as well. Here is what belongs in it — notice, leave, breaks, the 48-hour average and the ten public holidays.
My employer did not give me a contract: what the law in Ireland actually says
There is no free-standing right to a contract of employment in Ireland. There is a right to a written statement of terms — five days for eleven of them, one month for the rest — and a WRC award of up to four weeks' pay if you do not get it.
The 5 day statement of terms of employment: it is no longer five terms
Irish employers must give a written statement within five days of an employee starting. Since 16 December 2022 that statement carries eleven particulars, not five — the 2022 Regulations moved most of the one-month list into it.