Written terms for new café staff in Ireland: the 5-day and 1-month statements

Citizens Information says: "Within the first 5 days of starting a job, your employer must give you part of your 'written statement of terms of employment'." That part is the core terms, such as how pay is calculated. It also says: "Within 1 month of starting the job, your employer must give you the remaining terms of your employment in writing (such as your entitlement to annual leave)." The Workplace Relations Commission (WRC) calls the first the Day 5 Statement and lists eleven core items, including the employer's policy on tips if it applies. The whole contract does not have to be in writing, but these statements do. If an employer does not give them, the employee can complain to the WRC.

What written terms must a new café employee get in Ireland?

Two written statements: the core terms within 5 days of starting, and the remaining terms within 1 month. Citizens Information says the 5-day part "must include the core terms of employment (such as how your pay is calculated)".

The WRC says the Terms of Employment (Information) Act 1994 (as amended) covers, among others, people working under a contract of employment or apprenticeship and people employed through an employment agency. For agency workers it says the party who pays the wages is the employer and is responsible for the statement. It also says statements "must be signed and dated by or on behalf of the employer" and sent on paper or, if the employee can access, store and print them and the employer keeps proof of receipt, in electronic form. Citizens Information adds that the employer must keep a copy of the statement throughout the employment and for at least a year after it ends, and that there is no legal requirement for the employee to sign it.

What goes in the 5-day statement?

The core terms. The WRC says an employer "must notify each new employee, in writing, within five days of commencement of employment, of the following core terms of employment":

• "the full names of the employer and the employee;"
• "the address of the employer or of the principal place of business in the State;"
• "the place of work, or where there is no fixed or main place of work, a statement specifying that the employee is employed at various places or is free to determine his or her place of work or to work at various places;"
• "the title, grade, nature or category of work for which the employee is employed or a brief description of the work;"
• "the date of commencement of the contract of employment;"
• "the duration and conditions relating to a probationary period, if applicable;"
• "the expected duration of the contract, in the case of a temporary contract, or the end date if the contract is a fixed-term contract;"
• "the remuneration, including the initial basic amount, any other component elements, if applicable, indicated separately, the frequency and method of payment of the remuneration to which the employee is entitled and the pay reference period for the purposes of the National Minimum Wage Act, 2000;"
• "the number of hours the employer reasonably expects the employee to work per normal working day and per normal working week;"
• "any terms and conditions relating to hours of work (including overtime);"
• "If applicable, the employer's policy on the manner in which tips or gratuities and mandatory charges are treated."

The last item matters in a café. Our article on tips and service charges in an Irish café covers the 2022 law behind it. For the pay line, our minimum wage article has the hourly rates. Citizens Information words its own list of the core terms a little differently, for example "The date the employment started" and "The job title, grade or nature of the work (such as a brief job description)", and says the right comes from the Employment (Miscellaneous Provisions) Act 2018 as updated by the European Union (Transparent and Predictable Working Conditions) Regulations 2022.

What goes in the 1-month statement?

The remaining terms. The WRC says an employer "must also provide each new employee with a written statement of terms of employment within one month of commencement of employment", and that it must include:

• "The full names of the employer and the employee"
• "The address of the employer"
• "The employee may request a written statement of the average hourly rate of pay"
• "Whether pay is weekly, fortnightly, monthly or otherwise*"
• "Terms or conditions relating to paid leave (other than paid sick leave)*"
• "Any terms or conditions relating to incapacity for work due to sickness or injury*"
• "Any terms or conditions relating to pensions and pension schemes*"
• "Periods of Notice or method for determining periods of notice*"
• "A reference to any collective agreements which affect the terms of employment"
• "A reference to any appliable REA or ERO and where the employee may obtain a copy of same"
• "The training entitlement, if any, provided by the employer"
• "If the employee is a temporary agency worker, the identity of the user undertakings"

The WRC adds a further group of items if the work pattern is entirely or mostly unpredictable: that the schedule is variable, the number of guaranteed paid hours and the pay for extra hours, the reference hours and days within which the employee may be required to work, and the minimum notice before a work assignment. It also lists the identity of the social security institutions receiving the contributions, where that is the employer's responsibility.

For the items marked with an asterisk, the WRC says the employer "may, as an alternative to providing all the details in the statement, use the statement to refer the employee to certain other documents", such as an Employment Regulation Order, Registered Employment Agreement or collective agreement, provided the documents are "readily accessible to the employee".

Citizens Information says this right does not apply if you work for your employer for less than 8 hours a week, or have been employed for less than a month. It also says the employer must give a copy of the written grievance and disciplinary procedures at the start of employment, and, within 28 days of starting work, written details of the procedures to be followed before dismissal.

Does a contract of employment have to be in writing in Ireland?

No, not the whole contract. Citizens Information says: "Legally, you do not have to get your whole contract in writing. However, the law says you must get a 'written statement of terms of employment'."

It says that anyone who works for an employer for a regular wage or salary automatically has a contract of employment, and that the terms can be "express", explained verbally or in writing, or "implied", meaning not specified but still applying. It adds that a contract "may contain more details than set out in the 'written statement of terms of employment'".

What if the terms of employment change?

The employer must notify the employee no later than the day the change takes effect. The WRC says an employer must "notify an employee of the nature and date of any change to the particulars contained in the written statement not later than the day on which the change takes effect".

The WRC says this does not apply if the change results from a change in legislation, administrative provisions or collective agreements that the employer referred the employee to in the statement. Citizens Information says a change in employment law automatically changes the terms in the contract, and that any other change "must be agreed between you and your employer", so the employer "cannot change the terms of your contract without your consent". It also has a separate page on changes to your employment contract, which I have not read.

What happens if an employer does not give written terms?

The employee can complain to the WRC. Citizens Information says to speak to the employer first, and if that does not resolve it, to use the WRC's online complaint form.

The WRC says complaints can include "failure to provide a statement of the core terms of employment within 5 days, failure to provide a statement within 1 month or for providing a statement that is deliberately false or misleading". It says: "Where a complaint is upheld, an employee may be awarded compensation not exceeding four weeks' remuneration."

There is a service condition. The WRC says an employee needs continuous service of at least 4 consecutive weeks before referring a complaint for adjudication, and "more than 1 month" for a complaint about the Day 5 Statement. Citizens Information puts it as at least one month's continuous service. The WRC also says an employer must not penalise or threaten to penalise an employee for invoking a right under the Act, and that compensation for penalisation is also capped at four weeks' remuneration. Citizens Information says employers "can face serious penalties if they do not comply". Neither page gives a fine amount, so I give none.

Sources

• Citizens Information, Contract of employment, page edited 10 August 2026, read 13 October 2026.
• Workplace Relations Commission, Terms of Employment, read 13 October 2026.

This is a summary of public guidance read 13 October 2026, not legal advice. Check with the Workplace Relations Commission or your adviser. Cupán Studio builds websites for cafés in Ireland.