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Organisations face specific HR challenges over the summer season. In this article, our employment law experts will examine some of the key compliance questions that arise for Employers over the summer months.

How should we handle Employees that are only needed for the summer season?
Many Organisations need extra staff to manage a busy summer season. Both sides should be clear on the duration of the agreement and confirm the end date in a fixed-term contract or a specific purpose contract if the end date is not known. While summer workers may not be entitled to precisely the same rights as full-time workers, they are nevertheless protected under a range of statutes. Organisations should therefore ensure to provide a written statement of core terms of employment within 5 days of commencement of employment and the remaining terms within one month. This is best achieved by having the Employee sign a fixed-term contract before the start date. Likewise, rest periods, paid annual leave, public holiday entitlements, minimum wage rates, health and safety duties and employment equality obligations will all apply during a summer Employee’s short-term contract. There are also obligations under the Protection of Employees (Fixed-Term Work Act) 2003 requiring Employers to treat Employees on fixed-term contracts no less favourably than Employees on permanent contracts. Organisations should therefore be equally mindful of employment law compliance risks when employing summer workers.

What are the rules around employing under-18s?
The Protection of Young Persons (Employment) Act 1996 sets out minimum age limits for employment, rest intervals and maximum working hours and prohibits the employment of anyone under 18 on late-night work. The legislation defines a” young person” as those aged 16 and 17 and a “child” as being aged under 16.
Organisations may employ a child who is aged 14 or 15 during the school holidays on ‘light work’ that is not harmful to their safety, health, or development. When carrying out such work, the hours of work are not permitted to exceed 7 hours in any day or 35 hours per week, nor is a child permitted to work before 8am or after 8pm. A minimum three-week break from work must also be provided. There are also specific rest breaks that apply to workers aged 14 or 15.
Young people aged 16 or 17 must work no more than a maximum of 8 hours per day and 40 hours per week and never work before 6am or after 10pm. There are also specific minimum rest breaks for young persons.
The legislation also includes specific record keeping, age verification and parental consent provisions. There is also a requirement to provide all workers under the age of 18 years with a copy of the official summary of the Protection of Young Persons (Employment) Act 1996, within one month of commencing employment and also to display the official summary in the workplace, where it can be easily read by staff.
Compliance with national minimum wage rates for Employees aged under 18 must also be borne in mind.

Do we have to pay summer interns?
It is important to clarify what exactly the internship entails. If the intern is a genuine volunteer (shadowing an existing Employee and not performing any economic activity for example), the engagement is unlikely to create payment obligations. Under the National Minimum Wage Act however, where an individual agrees with another person, to do or to perform personally, any work or service for that person, a contract of employment is created. Interns may therefore be entitled to the national minimum wage (and other employment law protections) depending on what exactly they are doing under the internship.
This scenario can be further complicated if the intern is placed with the Organisation as part of their third level (or other) education. The Workplace Relations Commission may deem an intern to be an Employee by virtue of the type of work they are carrying out. Organisations must therefore ensure there is sufficient educational benefit and alignment to an educational course to mitigate the risk of creating an unintentional employment contract. Having appropriate documentation in place specifically outlining why the intern is not considered an Employee is one way to mitigate this risk.

How do we handle everyone wanting to take holidays at the same time?
Annual leave requests for summer holidays should in the first instance be handled in line with the Organisation’s normal holiday booking procedure. If there are conflicting holiday requests, it is important to have a fair and consistent way of accepting or declining annual leave requests. Many Organisations apply a first-come, first served policy which is transparent and capable of being consistently applied.
The Organisation of Working Time Act, 1997, states that the times at which annual leave is granted to an Employee shall be determined by the Employer. Employers are therefore entitled to refuse requests if necessary, so long as they are mindful of the Employee’s right “to reconcile work and any family responsibilities” and “rest and recreation.”
Management may therefore insist on minimum staff levels at all times of the year. A robust annual leave policy that is clearly communicated is the best way to ensure that all Employees know to ensure that their annual leave requests are approved before making any holiday plans.

How do we handle absenteeism after annual leave?
Foreign holidays and summer festivals are highly anticipated by many Employees. Travel-related delays, ill-health or dare we say it hangovers may therefore lead to spikes in absenteeism during the summer. The best approach is to manage all absences consistently and in line with the Organisation’s absence management policy. Ensure that reporting requirements are adhered to, medical certification is provided where appropriate and hold a return-to-work interview for all absences to clarify any questions around the absence. Return-to-work interviews can act as a deterrent for unauthorised absences as well as help to identify any problems that Employees may need support with.

Do we need to provide sun cream to outdoor workers?
Every summer, the Health and Safety Authority (HSA)reminds Employers and Employees to take proactive measures to protect themselves from the harmful effects of ultraviolet radiation. Outdoor workers are at an increased risk of exposure to harmful ultraviolet rays, which can lead to serious health issues, including skin cancer, cataracts, and sunstroke.
The HSA recommends that Employers carry out appropriate risk assessments, provide PPE along with sunscreen with a high SPF, schedule work outside the peak ultraviolet radiation times and encourage regular breaks to reduce prolonged sun exposure.

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Adare is a team of expert-led Employment Law, Industrial Relations and best practice Human Resource Management consultants. If your Organisation needs advice, support, or guidance about compliance requirements or any HR issues, please contact Adare by calling (01) 561 3594 or emailing info@adarehrm.ie to learn what services are available to support your business.