Define the care role before responsibility becomes unclear.

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'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 is entitled to statutory sick leave in accordance with the Sick Leave Act 2022 and any amendment or replacement legislation. The number of statutory sick-leave days, qualifying service requirement, rate of payment and daily payment cap will be those in force at the time the leave is taken. To qualify for statutory sick pay, the Employee must provide a medical certificate from a registered medical practitioner confirming that the Employee is unfit to work because of illness or injury. The medical certificate must cover each statutory sick-leave day claimed. A single medical certificate may cover more than one day where appropriate. For sickness absence that is not claimed as statutory paid sick leave, a medical certificate is required where the absence exceeds Agreed medical-certificate period consecutive days or earlier where the Employer reasonably requests certification. The Employee must personally notify Absence Contact as soon as reasonably practicable and, unless prevented by exceptional circumstances, before the Employee's normal start time on the first day of absence. The Employee must keep the Employer reasonably informed of the likely duration of the absence. The Employer may request a medical assessment or report where reasonably necessary to manage absence, fitness for work, workplace safety or reasonable accommodation. Any such request and the processing of medical information will be handled in accordance with applicable data-protection law and appropriate medical-consent procedures. Any more favourable contractual sick-pay scheme operated by the Employer will be notified to the Employee in writing and will be governed by any applicable written sick-pay policy or other written terms. Statutory sick pay will not be paid in addition to contractual sick pay for the same day unless the applicable written terms expressly provide otherwise.

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 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.

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 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 Employee will, by virtue of their role, have access to highly sensitive personal information about the Care Recipient and the household. This information must be treated with the utmost care and discretion. The Employee agrees to treat such information as confidential during and after employment to the extent that the information remains confidential and the obligation is lawful. Confidential information specifically includes: the medical conditions, diagnoses, treatments and care needs of the Care Recipient; medication types, doses and schedules; financial circumstances of the household; family relationships, personal matters or disputes; photographs, videos or personal details of the Care Recipient or any member of the household; and security arrangements, access codes or the layout of the home. The Employee must not use or disclose confidential information except where reasonably necessary for the proper performance of their duties, with the authority of the Employer or other person to whom the information relates, or as otherwise permitted by this clause or applicable law. Nothing in this clause prevents the Employee from making a protected disclosure, reporting suspected wrongdoing or criminal conduct, co-operating with or providing information to An Garda Síochána, the Health Service Executive, a regulator, law-enforcement body or other competent authority, obtaining confidential legal advice, consulting an appropriate trade-union representative, making a disclosure required by law, or disclosing information where reasonably necessary to protect the health, safety or welfare of any person. The Employee must not take photographs or recordings within the household, or of the Care Recipient, except where reasonably necessary for the proper performance of duties and expressly authorised, or where otherwise permitted or required by law. Social Media And Online Communications The Employee shall not publish, post, upload, transmit or otherwise share on social media, websites, messaging platforms, blogs, forums or any public or semi-public platform: photographs, videos or recordings of the Care Recipient; photographs, videos or recordings taken within the household; information relating to the Care Recipient, household members, visitors or the Property; or information capable of identifying the Care Recipient, household members or the location of the Property. Prior written consent of the Employer is required before any such material may be shared, unless the sharing is otherwise protected, permitted or required by law. A serious breach of this clause may constitute misconduct or gross misconduct and may result in disciplinary action, up to and including dismissal, following an appropriate fair procedure. The Employer may seek any lawful remedy available in respect of an actual or threatened breach.

The Employer will process the Employee's personal data in accordance with applicable data-protection law, including the General Data Protection Regulation (EU) 2016/679 and the Data Protection Act 2018, as applicable. In carrying out their duties, the Employee may have access to personal or confidential information relating to the Children, members of the household, family members or other persons connected with the household. The Employee shall access, use and disclose such information only to the extent reasonably necessary for the proper performance of their duties or as otherwise permitted or required by law. The Employee shall take reasonable care to protect personal information from loss, unauthorised access, disclosure or misuse. Particular care shall be taken with sensitive information, including information concerning health, medical treatment, disability, finances, identification documents and the personal circumstances of the Children or members of the household. The Employee shall not disclose personal or confidential information obtained through their employment to any other person except where reasonably necessary for their duties, authorised by the Employer or relevant person, required by law, or necessary to protect the health, safety or welfare of any person. The Employee shall promptly inform the Employer if they become aware that personal information relating to the household or any person connected with it has been lost, accessed, disclosed or used without appropriate authority.

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.

The Employer may suspend the Employee from some or all duties on full pay and contractual benefits where the Employer reasonably considers suspension necessary to investigate an allegation, protect the Care Recipient or another person, preserve evidence, avoid interference with an investigation, or otherwise manage a serious matter relating to the employment. Where an allegation or concern involves suspected abuse, neglect, exploitation, dishonesty, violence, serious misconduct, unsafe care, misuse of medication, financial impropriety or any other matter which could reasonably present a risk to the health, safety, dignity, property or welfare of the Care Recipient, the Employer may immediately remove the Employee from duties involving the Care Recipient and prohibit contact with the Care Recipient while the matter is investigated. Suspension is a neutral precautionary measure and does not constitute a disciplinary sanction or imply that any allegation has been established. The Employer shall keep the need for suspension under review and shall keep the period of suspension no longer than is reasonably necessary in the circumstances. During suspension, the Employee must remain reasonably available to participate in any investigation, meeting or other fair procedure and must comply with reasonable instructions intended to protect the Care Recipient, other members of the household, evidence or the integrity of the investigation. Where the Employee does not live at the Property, the Employer may require the Employee not to attend the Property or any other place at which duties are performed and not to contact the Care Recipient or members of the household during the suspension, except where expressly authorised by the Employer or reasonably required for the investigation or by law. Where the Employee lives at the Property, suspension from duties does not of itself terminate the Employee's contractual accommodation entitlement. However, where the Employer reasonably considers that the Employee's continued presence at the Property could present a risk to the Care Recipient or another person, interfere with an investigation, or otherwise make continued residence inappropriate during the suspension, the Employer may require the Employee temporarily to leave the Property. Where the Employee is required to leave the Property during a period of paid suspension, the Employer shall make reasonable arrangements for suitable temporary alternative accommodation, or otherwise preserve the value of the Employee's contractual accommodation entitlement, for so long as that entitlement continues under this Agreement, unless a different arrangement is lawfully agreed or permitted. Nothing in this clause prevents the Employer from contacting An Garda Síochána, emergency services, a healthcare professional, Tusla, the Health Service Executive or any other safeguarding or competent authority where the circumstances reasonably require it.

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.