EU Directive on Transparent and Predictable Working Conditions

January 23, 2023

The Government has announced the transposition of EU Directive 2019/1152 on Transparent and Predictable Working Conditions into national legislation under the European Communities Act 1972. This will make the Directive applicable to Irish law.


The Government had until August 1st, 2022 to introduce legislation implementing the Directive. While Ireland has missed this deadline some of the provisions of the Directive are already covered by Irish Employment Legislation introduced over the last two years. These includes the new statutory sick pay, which commenced on the 1st January 2023, the new public holiday for St Brigid’s Day; new rights around redundancy for people laid off during the pandemic; the recent protection of workplace tips and gratuities, and the issuing of a mini statement of terms of employment within 5 days of commencement.


Transposing the Transparent and Predictable Working Conditions Directive into Irish law is expected to give workers:

  • more complete information on the essential aspects of the work, which is to be received early by the worker, in writing;
  • a six month limit to the length of probationary periods at the beginning of a job
  • the right to seek additional employment, with a ban on exclusivity clauses and limits on incompatibility clauses;the right to know, in a reasonable period in advance, when work will take place – i.e. for workers with very unpredictable working schedules, as in the case of on-demand work;
  • anti-abuse legislation for zero-hour contract work;
  • the right for employees to request to be transferred to a form of employment with more predictable and secure working conditions, where available, and receive a reasoned written reply is such a request is denied;
  • the right to receive mandatory training, cost-free, that is required to carry out the work for which he or she is employed.


Probationary Periods

Under Article 8 of the Directive, this limits the length of the probation period at the beginning of a job to a maximum of six-months. However, there will be scope for probationary periods to last longer than six months, where justified by the nature of the employment, such as where in the interests of the worker. It should also be possible for probationary periods to be extended correspondingly in cases where the worker has been absent from work during the probationary period, for instance because of sickness or leave, to enable the employer to assess the suitability of the worker for the task in question.


In the case of fixed-term employment relationships of less than 12 months, the length of the probationary period must be adequate and proportionate to the expected duration of the contract and the nature of the work. The “Day 5” statement has also been amended to now include information relating to the duration and conditions relating to a probationary period, if applicable.


Obligation to Provide Information

The Directive expands the information required to be given to an employee on commencing employment and introduces new provisions including the ability to request transition to another form of employment with more predictable and secure working conditions (Article 12) and, the right to receive mandatory training (Article 13).


Parallel Employment

The Directive also provides the right to take up parallel employment, subject to the maximum working time restrictions of the Organisation of Working Time Act 1997. However, exceptions will be permitted on objective grounds such as health and safety, protection of business confidentiality, the integrity of the public service and the avoidance of conflict of interests.


Anti-penalisation provisions are also included, with stronger penalties for non-compliance, restriction of zero hours contracts and the provision of more precise information on hours of work,and prohibits adverse treatment of an employee who does take up other employment.


Next Steps for Employers

 Whilst this legislation has not yet been signed off, it would be no harm for employers and HR Practitioners to consider these changes when forward planning. Where a company’s terms and conditions provide for a probation period which is in excess of six-months, or for a six-month probation period that can be extended, if such an extended period cannot be justified, these clauses will need to be updated as this practice will no longer be permitted. For more, see our Employers Guidance on Probation Periods and Contracts page here or contact us on +353 1 887 0690.


We also offer advice on DISMISSAL DURING PROBATION - An Employers Guide


Please feel free to contact us at MSS for advice and guidance when reviewing your Terms and Conditions and HR documentation.

International Hiring: A Growing Solution for Irish Employers

By Tara Daly • May 19, 2026
Irish employers are increasingly turning to international hiring as a solution to ongoing skills shortages. This trend is particularly evident in sectors where local talent is limited and demand continues to grow. Why employers are looking overseas Common drivers include: • Difficulty filling specialist roles locally • Business expansion and growth • Increased competition for talent International hiring can provide access to a wider talent pool and support long-term workforce planning. The challenge While the opportunity is clear, the employment permit process can be complex. Employers often underestimate: • The level of detail required in applications • The importance of aligning with eligibility criteria • The potential for delays or refusals Where the process is not managed properly, the impact can be significant. Roles remain open for longer, business plans are affected, and onboarding timelines move further out than expected. Getting it right A structured and informed approach is essential. This includes: • Understanding the appropriate permit type • Ensuring the role meets eligibility requirements • Preparing a clear and robust application Where employers take the time to position the role properly and support the application with strong documentation, the process is far more likely to run smoothly. Key takeaway for employers International hiring can be a highly effective solution, but only where the permit process is managed correctly. Approached properly, it enables businesses to secure the talent they need to grow and succeed with greater certainty and less disruption. If you would like advice or support with the employment permit process, our team would be happy to assist. info@mssthehrpeople.ie | 01 887 0690

Employment Permits in Ireland: Why a “Submit and See” Approach Can Cost You

By Tara Daly • May 13, 2026
A common approach we encounter is employers submitting an employment permit application and waiting to see what happens. While understandable, this approach carries significant risk. Why this approach falls short Employment permit applications are not a simple box-ticking exercise. Each application is assessed based on: • Eligibility • Justification • Alignment with current criteria If any of these elements are unclear or insufficient, the application may be delayed or refused. The impact of getting it wrong Where an application is unsuccessful: • Timelines are extended • Recruitment plans are disrupted • Candidates may withdraw In a competitive hiring market, these delays can have a real impact on the business. A role can remain unfilled for longer than expected, existing teams can come under pressure, and a strong candidate may choose another opportunity. A better approach Employers should approach permit applications as a structured process, focusing on: • Clear alignment with eligibility criteria • Strong and accurate role definition • Comprehensive supporting rationale It is far more effective to identify and address risk areas before submission than to deal with the consequences of delay or refusal later. Key takeaway for employers Submitting an application without fully assessing the risks can lead to avoidable delays. A well-prepared application significantly improves the likelihood of a successful outcome and gives the employer greater confidence throughout the process. If you’re planning an overseas hire or facing delays, we’re happy to talk it through. info@mssthehrpeople.ie | 01 887 0690
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Why Employment Permits Get Delayed in Ireland and How to Avoid It

By Tara Daly • May 5, 2026
Delays in employment permit applications are a frequent frustration for employers. Many assume the issue lies with processing times or administrative backlogs. In reality, the most common cause of delay is something else entirely. The real issue: misalignment The number one reason applications are delayed is misalignment with the eligibility criteria. This can include: • Roles that are not clearly defined • Job descriptions that do not match the required skill level • Weak or generic supporting information On the surface, an application may appear complete. However, if it does not clearly demonstrate eligibility, it is likely to encounter delays or queries. Why this happens Employers often approach the process as an administrative task. In practice, each application is assessed on its merits, and clarity is critical. How to avoid delays To reduce the risk of delay: • Ensure the role clearly meets eligibility requirements • Align job descriptions with the actual duties and level of the role • Provide strong, specific supporting information It is also important to review the application from the perspective of the decision-maker. If the application leaves room for doubt, it is far more likely to be delayed while clarification is sought. Key takeaway for employers Employment permits are not delayed because of missing forms. They are delayed because the application does not clearly meet the criteria. Understanding how your application will be assessed is essential, particularly where timelines are already under pressure and the business needs certainty around a key hire. If you’re planning an overseas hire or facing delays, we’re happy to talk it through. info@mssthehrpeople.ie | 01 887 0690

Avoiding Refusal: Strengthening a High-Risk Employment Permit Application

By Tara Daly • April 28, 2026
One of the most challenging scenarios for employers is progressing an employment permit application that appears complete, but carries a high risk of refusal. In many cases, this risk only becomes apparent once a decision has been issued. We were recently engaged by a client in the healthcare support sector who had already begun preparing an application for a General Employment Permit for a specialist role. The situation The employer had: • Identified a suitable overseas candidate • Undertaken initial steps in the application process • Prepared the necessary documentation However, they sought a review before submission due to uncertainty around eligibility. What we identified On review, it became clear that the application, as drafted, was unlikely to succeed. The risks were not immediately obvious but included: • A job description that did not clearly demonstrate the level of skill required • Duties that overlapped with roles not typically eligible for a permit • Insufficient detail in the business case supporting the hire From experience, these types of issues frequently result in refusals, particularly where roles sit close to the margins of eligibility. Why this matters A refusal does not just mean a rejected application. It often results in: • Restarting the process from the beginning • Additional recruitment delays • Potential loss of the candidate In sectors already experiencing staffing pressures, this can have a significant operational impact. Our approach We worked with the employer to: • Refine and clarify the role profile to accurately reflect its responsibilities and requirements • Distinguish the role from non-eligible positions • Strengthen the supporting documentation to clearly demonstrate eligibility and business need. This required a detailed understanding of how similar roles are assessed in practice. The outcome Following revision, the application was submitted and approved on first submission. The employer avoided: • A likely refusal • Delays in onboarding • Disruption to service delivery Key takeaway for employers Applications are not assessed solely on whether documentation is present. They are assessed on whether the role, as presented, clearly meets the criteria. Where roles are borderline or nuanced, early intervention can significantly reduce the risk of refusal. If you’re planning an overseas hire or facing delays, we’re happy to talk it through. info@mssthehrpeople.ie | 01 887 0690
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WRC Awards €142,984 in Unfair Dismissal Case Following Senior Executive Redundancy

April 9, 2026
WRC Reference: ADJ-00057077 / 11 th March 2026 A recent decision of the Workplace Relations Commission (WRC) has highlighted the importance of fair procedures, genuine consultation, and meaningful engagement in redundancy processes, particularly where senior executives are involved. Background The Complainant was employed by the Respondent for over 24 years, beginning in 2000. Over the course of her career, she progressed to the senior role of Managing Director, EMEA GLT, with a base salary of €275,000, alongside bonus and equity participation. In mid-2024, the Complainant’s role was significantly altered following an internal restructuring. She alleged that this amounted to an effective demotion, with key responsibilities removed without consultation or warning. Shortly afterwards, the situation escalated. The Complainant was placed on sick leave and raised a formal grievance regarding the changes to her role. That grievance was not upheld, and the appeal outcome confirmed the employer’s position. In October 2024, the Complainant was informed that her role was at risk of redundancy. A consultation process followed, during which she was placed on garden leave. Despite raising concerns and requesting further clarity around her role and terms, her employment was ultimately terminated by reason of redundancy in November 2024. The Complainant subsequently brought a claim for unfair dismissal. WRC Findings The Respondent conceded at the hearing that the dismissal was unfair. The Adjudication Officer noted that the Complainant had been employed in a very senior position for over two decades and had progressed through multiple promotions, ultimately holding a Managing Director role. It was accepted that significant changes had been made to her responsibilities prior to the redundancy process, which formed part of the broader context leading to the breakdown in the employment relationship. While a redundancy process was carried out, the key issue before the WRC was the fairness of the overall dismissal. Given the Respondent’s concession, the WRC found that the Complainant had been unfairly dismissed. Decision The WRC upheld the complaint of unfair dismissal and awarded the Complainant €142,984 in compensation A separate complaint relating to notice was rejected on the basis that statutory notice had already been included in the termination payment. Key Takeaways for Employers This decision highlights several important points for employers, particularly in the context of senior-level restructurings: Role changes must be handled carefully, particularly where they may amount to demotion in practice. Consultation must be genuine and meaningful, even at executive level. Grievances should be addressed thoroughly and fairly before moving to redundancy. Redundancy processes must be clearly separated from performance or role disputes. Senior employees are entitled to the same procedural protections as all employees. Even where restructuring is commercially justified, employers must ensure that process and communication are properly managed to avoid unfair dismissal findings. Conclusion This case serves as a reminder that long service and seniority do not reduce the employer’s obligations under employment law. Where role changes, grievances, and redundancy processes overlap, employers must take particular care to ensure fairness at every stage. Failure to do so can result in significant compensation awards, as demonstrated by the €142,984 award made in this case. Tara Daly