Know what care you are responsible for - and what you are not.

The Employee is employed as a Domestic Carer on a Agreed care arrangement basis and is engaged to provide care and support to the Care Recipient. The Employee shall report to Agreed reporting line. Main duties include, but are not limited to: Agreed childcare and household duties If other duties are agreed Other agreed duties The Employee shall not undertake lifting, transferring, repositioning or mobility-assistance activities beyond their training, competence or physical capability. Where manual-handling training is required, the Employer shall ensure appropriate training is provided. The Employee must immediately report any manual-handling task which they believe presents a risk to themselves or the Care Recipient. Medication Administration The Employee shall administer or assist with medication only where this forms part of the agreed care arrangement, the Employee has received appropriate instruction, training and authorisation, and the task is within the Employee's competence. Medication must be handled in accordance with the prescribed directions and any written medication protocol made available to the Employee, and administration or assistance must be recorded as required by the Employer or relevant healthcare professional. The Employee shall not diagnose medical conditions, prescribe medication, alter prescribed dosages, discontinue medication or provide medical advice unless legally qualified and authorised to do so. Any concern regarding medication, treatment or the health of the Care Recipient shall be reported promptly to the Employer and, where appropriate, the relevant healthcare professional. The Employee shall at all times perform duties faithfully, diligently, with compassion and with due regard to the interests, wishes, rights and welfare of the Care Recipient. Rights And Dignity Of The Care Recipient The Employee shall support the Care Recipient to participate in decisions affecting their care and daily living arrangements to the greatest extent reasonably practicable. The Employee shall treat the Care Recipient with respect and shall not engage in conduct that could reasonably be regarded as abusive, degrading, humiliating, discriminatory, neglectful or exploitative. The Employee shall support the Care Recipient to maintain independence and quality of life wherever reasonably practicable. The Employee shall respect and promote the dignity, privacy, independence, autonomy, cultural background, religious beliefs and personal preferences of the Care Recipient. The Employer may give reasonable day-to-day instructions and make non-material operational adjustments within the existing scope of the Employee's role without requiring a formal amendment to this Agreement. A material change to the Employee's contractual terms shall not take effect unless agreed in writing by both Parties. Material changes include, but are not limited to, changes to the Employee's rate of pay or method of calculating pay; normal working hours, working days or regular working schedule; primary place of work; live-in or live-out status; core duties or level of responsibility; contractual benefits, deductions or accommodation arrangements; or any other term where the change would materially affect the nature of the employment arrangement. Before proposing a material change, the Employer shall consult with the Employee, explain the reason for the proposed change and give the Employee a reasonable opportunity to consider and respond to it. Consultation or written notification of a proposed change does not, by itself, constitute the Employee's agreement to that change. Where a change to the Employee's written employment particulars takes effect, the Employer shall provide the Employee with written notification of the change within the period required by applicable employment legislation.

This contract is subject to review in the event of a material change in the circumstances affecting the Care Recipient, including admission to a care facility, a significant change in care needs, or the death of a Care Recipient. Where a material change in circumstances arises, the Parties agree to consult in good faith regarding any resulting changes to the Employee's role, hours, or terms of employment. Where the employment can no longer continue as a result of such a change, the Employee shall be entitled to statutory notice and all other statutory entitlements under Irish employment law.

The Employee shall be paid a gross hourly rate of Agreed gross hourly rate, not less than the prevailing National Minimum Wage. If Sunday working is agreed Where the Employee is required to work on a Sunday, the Employee shall be paid a Sunday premium of Agreed Sunday premium% in addition to their normal hourly rate for each hour worked on a Sunday. The resulting Sunday hourly rate shall be €Resulting Sunday hourly rate per hour. This premium is intended to provide reasonable compensation for Sunday work in accordance with section 14 of the Organisation of Working Time Act 1997. If Sunday working is not ordinarily required The Employee is not ordinarily required to work on Sundays and the remuneration specified in this Agreement does not include compensation for Sunday work. If the Employee is subsequently required to work on a Sunday, the Employer shall provide reasonable compensation in accordance with section 14 of the Organisation of Working Time Act 1997. Pay shall be made Agreed pay frequency in arrears by bank transfer to the Employee's nominated account. The pay reference period for the purposes of the National Minimum Wage Act 2000, as amended, shall be the Employee's normal pay period, subject to the maximum pay reference period permitted by law. If this is a live-in care arrangement If meals are provided without charge Meals will be provided to the Employee without charge. The value of those meals will not be counted as part of the Employee's reckonable pay for minimum-wage purposes. If the permitted value of meals counts towards pay Meals will be provided as part of the employment arrangement. When calculating the Employee's average hourly rate of pay, the Employer may count the value of those meals as reckonable pay, but only up to the applicable statutory allowance in force during the relevant pay reference period. If accommodation is provided without charge Accommodation will be provided to the Employee without charge. The value of that accommodation will not be counted as part of the Employee's reckonable pay for minimum-wage purposes. If the permitted value of accommodation counts towards pay Accommodation will be provided as part of the employment arrangement. When calculating the Employee's average hourly rate of pay, the Employer may count the value of that accommodation as reckonable pay, but only up to the applicable statutory allowance in force during the relevant pay reference period. No other deductions shall be made from the Employee's wages except those required or authorised by statute, including PAYE, PRSI and USC, or otherwise authorised in writing by the Employee in accordance with applicable law. The Employee's hourly rate shall be subject to annual review. Any increase is entirely at the Employer's discretion and a review does not imply an entitlement to an increase.

The Employee's normal paid working hours are summarised as Agreed daily working hours and are set out in the following agreed weekly schedule: Agreed working schedule The Employee's normal number of paid working hours shall be Agreed weekly hours hours per week. The Employee's average working week, including any additional hours, shall not exceed 48 hours calculated over the applicable reference period in accordance with the Organisation of Working Time Act 1997. The Employee is entitled to the following minimum rest breaks in accordance with the Organisation of Working Time Act 1997: A rest break of 15 minutes where more than 4.5 hours have been worked; A rest break of 30 minutes where more than 6 hours have been worked, which may include the above 15-minute break; A daily rest period of 11 consecutive hours in each 24-hour period; and A weekly rest period of at least 24 consecutive hours per seven-day period, normally following the daily rest period, subject to applicable law. If this is a live-in care arrangement Where the Employee is engaged on a live-in basis, living at the Property does not of itself constitute working time or availability for work. During off-duty periods the Employee is entitled to genuine uninterrupted rest and is not required to provide care or remain available except under a separately agreed paid working or on-call arrangement or in a genuine unforeseen emergency. The Employer will maintain records of the Employee's working hours in accordance with applicable law. Any hours beyond the agreed normal weekly total must be agreed in advance wherever reasonably practicable, recorded and paid at the applicable hourly rate, including any applicable Sunday premium. Additional hours must not cause the Employee's working time to exceed the statutory maximum or improperly reduce statutory rest. A genuine emergency may justify a temporary change to the timing of work where prompt action is reasonably necessary to protect the health, safety or welfare of the Care Recipient or another person. Recurring or reasonably foreseeable care needs are not an emergency for scheduling purposes and should be incorporated into the agreed paid working arrangements. Where the Employee is required to work on a Sunday, and the requirement to work on Sundays has not otherwise been taken into account in determining the Employee's pay, the Employee shall receive reasonable compensation in accordance with section 14 of the Organisation of Working Time Act 1997. The applicable Sunday compensation arrangement, where Sunday work is expected under this Agreement, is set out in the Remuneration clause.

The Employee shall be entitled to Agreed annual-leave entitlement working days of paid annual leave in each leave year, which shall not be less than the statutory minimum entitlement, together with public-holiday entitlements in accordance with the Organisation of Working Time Act 1997. The leave year runs from 1 January to 31 December. Annual leave must be requested and approved in advance. The Employer will determine the timing of annual leave after taking account of Operational Requirements and the Employee's personal requirements and, where practicable, after consultation with the Employee. The Employer will give the notice required by law where it directs that leave be taken on specified dates. Annual leave should normally be taken during the leave year. Carry-over may be permitted by written agreement and all statutory rights to carry over leave are preserved. Statutory annual leave will continue to accrue during certified sick leave and other statutory leave where required by law. Where the Employee was unable to take statutory annual leave because of certified illness, the applicable statutory carry-over period, including the 15-month period where relevant, will apply. Annual leave may be treated as forfeited only to the extent permitted by law and only after the Employer has given the Employee a genuine and reasonable opportunity to take the leave, encouraged the Employee to do so and clearly warned the Employee in advance that the leave may otherwise be lost. Where employment starts or ends during a leave year, the Employee's entitlement will be calculated on a pro-rata basis in accordance with applicable law. On termination, the Employee will be paid for accrued but untaken annual leave. Where the Employee has taken more leave than has accrued, the Employee authorises the Employer to deduct the corresponding amount from final pay, subject to the Payment of Wages Act 1991.

The Employer will comply with its obligations under applicable health and safety law, including the Safety, Health and Welfare at Work Act 2005, and will maintain appropriate arrangements for protecting the safety, health and welfare of the Employee while at work in the household and while carrying out duties elsewhere under this Agreement. The Employer will identify and assess risks arising from the Property, personal-care duties, manual handling, mobility assistance, medication-related tasks, household equipment, outings, transport and other work activities; will maintain and review the workplace Safety Statement and risk assessments where required by law; and will provide such safety information, instruction, training, supervision, equipment and protective measures as are reasonably necessary and legally required. The Employee must take reasonable care for their own safety, health and welfare and that of the Care Recipient and any other person who may be affected by the Employee's acts or omissions at work. The Employee must comply with applicable health and safety law, any Safety Statement or safety procedure made reasonably accessible by the Employer, and any reasonable health and safety instruction or control measure notified by the Employer. The Employee must promptly report any hazard, accident, injury, dangerous occurrence, defective equipment or other material health and safety concern of which the Employee becomes aware. The Employee must: follow all care and safety procedures communicated by the Employer or relevant healthcare professionals; use any manual-handling, mobility or care equipment in accordance with training; and inform the Employer immediately if they believe that a care task presents a risk to their own safety or the safety of the Care Recipient. Emergency contacts and procedures will be provided in writing to the Employee at induction and updated whenever they change. In a medical emergency affecting the Care Recipient, the Employee shall take all reasonable steps to obtain appropriate medical assistance, including contacting emergency services where necessary. The Employee shall notify the Employer or designated emergency contact as soon as reasonably practicable following any emergency incident. The Employer's insurance obligations are set out in the Insurance clause. The maintenance of insurance does not reduce or replace the Employer's obligations under this Health and Safety clause or applicable health and safety legislation. This Agreement does not replace any workplace-specific risk assessment, Safety Statement, lone-working procedure or other health and safety document required by law. Safeguarding The Employee shall immediately report any actual or suspected abuse, neglect, exploitation, financial abuse, self-neglect or other safeguarding concern affecting the Care Recipient. The Employee shall cooperate fully with any safeguarding investigation conducted by the Employer, healthcare professionals, An Garda Síochána, the Health Service Executive or any other competent authority. The Employee shall take all reasonable steps within the scope of their role and training to protect the safety, dignity, welfare and wellbeing of the Care Recipient. The Employee acknowledges that they may be required to work alone within the household and agrees to comply with any lone-working procedures communicated by the Employer. Incident Reporting The Employee shall report to the Employer as soon as reasonably practicable any: accident; injury; safeguarding concern; medication error; significant deterioration in health; behavioural incident; hospital admission; or other event materially affecting the wellbeing of the Care Recipient. Where requested by the Employer, the Employee shall prepare a written incident report.

The Employer will provide a comprehensive induction within the first week of employment. This will include: the care plan applicable to the Care Recipient, including health conditions, allergies, medications and daily routines; emergency contact procedures and what to do in a medical emergency; safe use of any medical equipment, mobility aids or assistive devices; household safety, fire procedures, use of alarms and security arrangements; medication protocols, where applicable, and the limits of the Employee's authorised responsibilities; and any relevant dietary requirements or restrictions affecting the Care Recipient. Training required by law to enable the Employee to carry out the work for which they are employed shall be provided free of charge, shall count as working time, shall not be the subject of any deduction from wages and shall, where possible, take place during normal working hours. The Employee may request clarification, guidance or refresher training at any time. The Employee should promptly raise any gap in their knowledge, competence or confidence that may affect safe performance of the role.

The Employer undertakes to: Provide the Employee with all relevant information about the care needs, medical conditions, allergies and daily routines of the Care Recipient. Ensure the working environment is safe and that appropriate equipment, aids and supplies are available for the care required. Communicate openly and respectfully with the Employee and address any concerns promptly. Provide written care protocols for medication administration and emergency procedures where applicable. Provide the training and induction described in the Training And Induction clause. Treat the Employee with dignity and respect at all times. Comply with the insurance obligations set out in the Insurance clause and ensure that the Employer's insurer or insurance broker has been given complete and accurate information about the employment arrangement and the duties to be performed by the Employee. Where the Employee is engaged on a live-in basis, facilitate the Employee's free exercise of personal, social, religious, educational and recreational activities outside working time. The Employee shall be free to leave the Property during off-duty periods and shall not be required to remain available for work outside expressly agreed working time. Any recurring or planned on-call or standby arrangement must be separately agreed in writing, form part of the Employee's paid working arrangements and comply with applicable working-time and rest requirements. Care Plan The Employer shall provide the Employee with a written care plan for the Care Recipient. The care plan may include: medical conditions; medications; mobility requirements; dietary requirements; communication preferences; behavioural considerations; emergency contacts; daily routines; and other care-related information reasonably required by the Employee. The Parties shall review the care plan whenever there is a material change in the circumstances, health, wellbeing or care requirements of the Care Recipient.

The Employer confirms that, as at the date of this Agreement, no monitoring or surveillance devices are in use within or around the Property that may capture or monitor the Employee in connection with their work. Consistent with the Workplace Relations Commission Code of Practice for Protecting Persons Employed in Other People’s Homes, the Employer shall provide the Employee with prior written notice before introducing any monitoring or surveillance device that may capture or monitor the Employee in connection with their work. Any such notice shall identify, as applicable: the type and location of the device; the purpose for which it will be used; whether video, audio or both will be recorded; who may access the information collected; how long the information will ordinarily be retained; and any other information required under applicable data-protection law. No monitoring device shall be installed in a bathroom, the Employee’s private bedroom or any other area in which the Employee would reasonably expect a high degree of privacy. Monitoring shall be used only for a legitimate and proportionate purpose and shall not be used for continuous or excessive supervision of the Employee.

Security cameras, video doorbells, monitors, alarm systems and other monitoring devices may be used within or around the Property only where reasonably necessary and proportionate for a legitimate purpose, including home security, safety, safeguarding, health and safety, or the protection of persons or property. Before the Employee commences employment, the Employer shall inform the Employee in writing of the type and general location of each monitoring device used within or around the Property, the purpose for which it is used, whether it records video, audio or both, the circumstances in which recordings may be accessed or reviewed, the applicable retention period and the persons who may access the recordings. Monitoring devices shall not be installed in any other area in which the Employee has a reasonable expectation of privacy such as any bathroom or if applicable, the Employee’s private bedroom. Monitoring shall not be used for continuous or routine supervision of the Employee’s performance or for any purpose that is incompatible with the purpose disclosed to the Employee. The Employer shall notify the Employee in writing before making any material change to the location, purpose or recording capabilities of a monitoring device. The Employer shall process, store, access, disclose and delete any personal data obtained through monitoring devices in accordance with applicable data protection legislation. Recordings shall be retained only for as long as reasonably necessary for the purpose for which they were collected, unless a longer period is required by law or is reasonably necessary in connection with a specific incident, complaint, insurance claim or legal proceeding. Information captured by a monitoring device may be accessed, preserved or disclosed where reasonably necessary and lawful in connection with security, safeguarding, health and safety, the investigation of a specific incident, an insurance claim, compliance with a legal obligation or legal proceedings. Recordings shall not be used for disciplinary purposes unless their use is lawful, necessary and proportionate, relates to a specific incident, and is consistent with the purpose for which the recording was collected and the information previously provided to the Employee. The Employee shall not intentionally interfere with, disable, obstruct, damage, tamper with or misuse any monitoring device lawfully installed and operated by the Employer. This shall not prevent the Employee from raising a concern, making a complaint or exercising any right under applicable employment or data protection legislation.

If monitoring devices are disclosed Monitoring and Surveillance Devices In accordance with the Workplace Relations Commission Code of Practice for Protecting Persons Employed in Other People's Homes, the Employer confirms that the following monitoring or surveillance devices are in use within or around the Property in areas where the Employee may work. The Employee acknowledges that they have been informed of these devices. Disclosed monitoring devices This Schedule records the devices disclosed for the purposes of the Security Cameras and Monitoring Devices clause and does not expand the Employer's rights to monitor the Employee. If there is any inconsistency between this Schedule and that clause, the Security Cameras and Monitoring Devices clause shall prevail. The Employer confirms that any such device is used only for a legitimate purpose, such as security or the care and safety of members of the household, and not for covert monitoring of the Employee. Any personal data captured will be handled in accordance with the General Data Protection Regulation (EU) 2016/679, the Data Protection Act 2018 and other applicable data-protection law. The Employer shall notify the Employee in writing before introducing any additional monitoring or surveillance device in an area where the Employee works, subject to the requirements of the Security Cameras and Monitoring Devices clause.

The Employer will deal with disciplinary, performance, grievance and dignity-at-work matters, including complaints of bullying or harassment, fairly and reasonably and in accordance with applicable law and any applicable code of practice. Before taking any disciplinary action, the Employer will tell the Employee what the concern is, give the Employee enough information to understand it, give the Employee a fair opportunity to respond, and take that response into account before reaching a decision. The Employee may be accompanied at any disciplinary or grievance meeting by a friend, family member, trade-union representative or other person of the Employee's choice. Where the Employee's first language is not English, the Employer will not unreasonably refuse a request for an interpreter or for the assistance of a person who can translate. The Employer will confirm any formal disciplinary decision, and the reasons for it, to the Employee in writing. The Employee may appeal by telling the Employer, within 5 working days of receiving the decision, that they wish to appeal and why. Where reasonably practicable, an appeal will be considered by a person who was not involved in the original decision. Because a household employer may not have an uninvolved manager or other internal person available, the Employer may appoint a suitably independent external person, such as an external HR adviser, to hear or assist with the appeal. Where that is not reasonably practicable, the Employer will reconsider the decision afresh, taking account of the grounds raised by the Employee, before confirming or changing it. If the Employee has a grievance or concern about their employment, working hours, duties, treatment, or the accommodation or living arrangements connected with the employment, the Employee should raise it with the Employer as soon as reasonably practicable. This may be done informally in the first instance. If the matter is not resolved informally, or the Employee prefers to raise it formally, the Employee may set the grievance out in writing. The Employer will meet the Employee to discuss it within 10 working days, give the Employee a full opportunity to explain the concern, and confirm the outcome and the reasons for it to the Employee in writing. The Employee may appeal the outcome within 5 working days. Misconduct may result in disciplinary action up to and including dismissal. Gross misconduct may result in dismissal without notice or payment in lieu of notice, following a fair procedure appropriate to the seriousness and circumstances of the matter. Nothing in this clause prevents the Employee from taking independent advice, making a protected disclosure, or exercising any statutory right to complain or to refer a matter to the Workplace Relations Commission or any other appropriate authority. The Employer will not penalise, retaliate against or discriminate against the Employee for doing so, or for raising a grievance in good faith. During any probationary period the Employer may use a shorter and simpler version of these procedures, proportionate to the household setting. This does not permit discrimination, penalisation or retaliation and does not remove or limit any statutory right of the Employee.

Subject to the Minimum Notice and Terms of Employment Acts 1973-2005, either party may terminate this contract by giving the following notice: During probation: One week's notice by either party. After probation: Agreed notice period week(s) by either party, which shall not be less than the statutory minimum. The Employer reserves the right to make a payment in lieu of notice (PILON). Immediate termination without notice is reserved for cases of gross misconduct, including conduct which places the Care Recipient at serious risk, following an appropriate fair procedure. On termination of employment, the Employer shall pay the Employee all sums properly due to them, including accrued but unpaid wages, payment in respect of accrued but untaken annual leave, and any other contractual sums due, subject to deductions permitted or required by law. On termination, the Employee must: return all keys, access cards, equipment and household property; and return or securely destroy any care records or notes held personally, subject to any legal obligation requiring preservation or disclosure. If this is a live-in care arrangement The Employee must vacate accommodation provided under the Accommodation And Meals clause, subject to the Suspension Pending Investigation clause, applicable law and any short written period agreed under the following paragraph. Where employment ends without the Employee having had a reasonable opportunity to arrange alternative accommodation, the Parties should, where reasonably practicable and safe, agree a short written period within which the Employee may collect their belongings and vacate the accommodation. Nothing in this provision requires the Employer to permit continued occupation where there is a genuine safeguarding, security or safety concern. The confidentiality obligations in the Confidentiality And Family Privacy clause and the data-protection obligations in the Data Protection clause continue after termination to the extent stated in those clauses and permitted by law.