Written Statements, Probation and Mandatory Training in Ireland

Irish employers must give new employees certain information in writing within set deadlines, and the rules also cover probation, other jobs, predictable work and training. This guide summarises the Workplace Relations Commission (WRC) page on the European Union (Transparent and Predictable Working Conditions) Regulations 2022. It is general information and not legal advice. For related terms of employment, see our guide to the right to request remote working.

Written statements

The WRC page says the regulations build on the earlier five-item statement. The employer must now give a statement within five days that adds the probation duration and conditions (if any), the place of work, the job title, grade or description, the commencement date and the terms about hours, including overtime. All other terms under the Terms of Employment (Information) Act 1994 follow within one month. Further terms must be included in some cases, for example employer-provided training, the arrangements for work patterns that are mostly unpredictable, and details for work outside Ireland. Changes must be notified on or before the day they take effect. The statement must be in writing, signed and dated by the employer, and may be on paper or electronic in a printable and storable form. For electronic statements the employer must keep proof of transmission or receipt.

Probation

The page says probation is limited to a maximum of six months from 1 August 2022, with limited exceptions allowing extension to no more than twelve months. For public servants the maximum is twelve months. For fixed-term contracts, probation must be proportionate to the expected duration and nature of the work, and a renewal for the same functions cannot impose a new probation. The page gives 1 August 2022 as the effective date for the probation rules, while saying the regulations became law on 16 December 2022, so employers should check the statutory instrument for the exact dates.

Other jobs

Employers cannot prohibit outside work that falls outside the agreed schedule, and cannot penalise employees for it. Restrictions are allowed on objective grounds such as health and safety, business confidentiality, the integrity of the public service and conflicts of interest, and the page says that list is not exhaustive. Any restriction and the grounds for it must be set out in the contract or written statement.

Requests for more predictable work

Employees who have finished probation and have at least six months’ continuous service can ask for a more predictable and secure form of employment where one is available. The employer must give a reasoned written reply within one month. Requests can be made once in any twelve-month period, and for a repeat request where nothing has changed an oral reply is permitted.

Minimum predictability of work

Where work patterns are mostly unpredictable, work assignments must fall within the notified reference hours and days and must meet the minimum notice period. The page states the minimum notice as 24 hours. If notice is shorter, or the work falls outside the reference hours or days, the employee may refuse without adverse consequences.

Mandatory training

The page says that where the law or a collective agreement requires training for the job, the employer must provide it free of charge. That training counts as working time and, where possible, should take place during working hours. This is a useful point to remember when planning compulsory training for staff.

Our suggestions

These are our own practical suggestions, not WRC guidance. Check that your offer letter and contract templates cover all items due on day five. Put a diary note for the one-month deadline on the remaining terms. Record the reason whenever probation is extended. Decide who will answer predictability requests and how within the one-month window.

What the sources do not say

The page does not list the original five core items, does not give penalty or compensation levels, and does not set complaint time limits or procedures. It does not define work that is entirely or mostly unpredictable in detail. The full wording is in S.I. No. 686 of 2022, which we have not read line by line.

For the separate grievance and disciplinary Code of Practice, see our guide.

Frequently asked questions

When must the first written statement be given?

Within five days, according to the WRC page, with the remaining terms within one month.

How long can probation last?

A maximum of six months, with limited exceptions allowing up to twelve months, according to the WRC page.

Can an employer stop someone taking a second job?

Not outside the agreed schedule, unless there are objective grounds such as health and safety or conflicts of interest, which must be stated in writing.

Who pays for mandatory training?

The employer, and it counts as working time, according to the WRC page.

How the deadlines fit together

Putting the page together, the sequence for a new starter runs as follows. At or before the start, the employer gives the statement covering the main items within five days. Within one month, the remaining terms under the 1994 Act follow. Any change to terms is notified on or before the day it takes effect. If there is a probation period, it is stated in the day-five statement and is capped at six months, with limited exceptions up to twelve. Once an employee has finished probation and has six months’ continuous service, they can ask for a more predictable form of work, and the employer replies in writing within one month. Mapping these dates on a single onboarding checklist, as our own suggestion, makes it easier for HR and line managers to see who is responsible for each step.

Next steps

Learnsignal’s offices are off Baggot Street in Dublin, and we offer in-person training from there. For current details, see our CPD pages.