Probationary Contract to the position of established [INSERT GRADE] in the Civil Service.
Employing Department/Office ………………………….
Address………………………………………………
………………………………………………
Employee………………………………………………
Address………………………………………………
………………………………………………
I am directed by the Minister for ______to say that s/he is prepared to offer you an appointment as an established [insert grade] on a probationary contract in the Civil Service for a period of one year on the following terms and conditions with effect from [insert date]. This contract is issued in accordance with the Unfair Dismissals Acts 1977 to 2007 and the Minimum Notice and Terms of Employment Acts 1973 to 2005.
1. General
The appointment is subject to the Civil Service Regulation Acts 1956 to 2005, the Public Service Management (Recruitment and Appointments) Act 2004 and any other Act for the time being in force relating to the Civil Service.
2. Pay
The salary scale for this position is as follows:
PPC [Personal Pension Contribution] Scale:
€€€€
Or (as appropriate to theofficer’s employment history)
Non-PPC Payscale:
€€€€
The rate of pay offered will be [insert rate] and will be payable weekly/fortnightly in arrears by Electronic Fund Transfer (EFT) into a bank account of your choice. Payment cannot be made until you supply a bank account number and bank sort code to the Personnel Section.
This rate of pay may be adjusted from time to time in line with Government pay policy.
Statutory deductions from salary will be made as appropriate by the Department/Office of______.
You will agree that any overpayment of salary or of travel and subsistence may be deducted from future salary payments due to you in accordance with the Payment of Wages Act 1991. In the event of such an occurrence, the Department/Office will advise you in writing of the amount and details of any such overpayment and give you at least one week’s notice of the deduction to take place and will deduct the overpayment at an amount that is fair and reasonable having regard to all the circumstances.
3. Tenure
The probationary contract will be for a period of one year from the date specified above.
Notwithstanding this paragraph and paragraph 4 below, this will not preclude an extension of the probationary contract in appropriate circumstances.
Notwithstanding this paragraphand paragraph 4 below, the probationary contract may be terminated at any time prior to the expiry of the term of the contract by either side in accordance with the Minimum Notice and Terms of Employment Acts, 1973 to 2005.
4. Probationary Review
During the period of your probationary contract, your performance will be subject to review by your Manager(s) to determine whether you:
(i)have performed in a satisfactory manner,
(ii)have been satisfactory in general conduct, and
(iii)are suitable from the point of view of health with particular regard to sick leave.
Prior to completion of the probationary contract, a decision will be made as to whether or not you will be retainedpursuant to Section 5A(2) of the Civil Service Regulation Acts 1956-2005. This decision will be based on your performance assessed against the criteria set out in (i) to (iii) above.
The details of the probationary process will be explained to you by your employing Departmentand you will be given a copy of guidelines on probation issued by the Department of Public Expenditure and Reform.
In the event that you are not considered as suitable to the position of [insert position] having been assessed against stated criteria, you will be notified in writing of the action to be taken prior to the expiry of this contract and any extensions thereof.
5. Unfair Dismissals Acts
The Unfair Dismissals Acts 1977-2007 will not apply to the termination of your employment by reason only of the expiry of this probationary contract without it being renewed.
6. Suspension of Probation
The Department/Office may suspend the probationary period and, as a result, extend the term of the probationary contract in the following circumstances:
- the probationary period will be suspended if the officer is on Maternity or Adoptive leave,
- the probationary period may, at the discretion of the Department, be suspended where the employee is absent on any other form of statutory or non- statutory leave.
Where the Department’s ability to assess the officer and/or the officer’s ability to demonstrate their suitability for permanent appointment is compromised by the officer’s absence on leave,the contract period will be extended by the period of leave taken.
7. Duties
You will be required to perform any duties appropriate to your gradewhich may be assigned to you during the probationary period. You may not engage in private practice or be connected with any outside business which would interfere with the performance of official duties.
8. Headquarters
Your headquarters will be such as may be designated from time to time by the Head of the Department/Office. When absent from home and headquarters on official duty you will be paid appropriate travelling expenses and subsistence allowances, in accordance withCivil Service regulations.
9. The Organisation of Working Time Act 1997
The terms of the Organisation of Working Time Act 1997 will applyto your employment and the hours of attendance and leave entitlements that will apply is at Section 10 below.
10. Hours of Attendance
Hours of attendance will be as fixed from time to time but will amount to on average not less than 43 hours and 15 minutes gross or 37 hours net per week.
Note to Personnel Officer – Please insert the appropriate paragraph, either (i) or (ii), whichever is relevant to the grade, in the contract of employment.
(i)Where extra attendance is necessary, payment or time off in lieu may be allowed in accordance with the Civil Service regulations.
OR
(ii)No additional payment will be made for extra attendance (over and above 43 hours and 15 minutes gross or 37 hours net per week) as the rate of remuneration payable covers any exceptional extra attendance liability that may arise.
Note to Personnel Officer – if the employee is under 18 years of age, please insert the following paragraph:
The Protection of Young Persons (Employment) Act 1996 will apply to your appointment until you reach 18 years of age.
11. Annual Leave
The annual leave allowance will be [insert annual leave] working days a year. This allowance which is subject to the usual conditions regarding the granting of annual leave is on the basis of a five day week and is exclusive of the usual public holidays.
12. Sick Leave
Pay during properly-certified sick absence, provided there is no evidence of permanent disability for service, will apply on a pro rata basis in accordance with the provisions of the sick leave Circulars.
You will be required to sign a mandate authorising the Department of Social Protection to pay any benefits due to you under the Social Welfare Acts direct to the Department of ______. Payment of salary during illness will be subject to you making the necessary claims for social insurance benefit to the Department of Social Protection within the required time limits.
13. Superannuation and Retirement
INSERT A or B
Note to Personnel Officer –Please see Note on Completion of Superannuation and Retirement - Section 13, May 2012
A) [Insert for those who will be members of the new Single Pension Scheme, 2012 Act:
Based on the information which you have supplied, you are deemed to be a member of the Single Public Service Pension Scheme (as defined in the Public Service Pensions (Single Scheme and Other Provisions) Act 2012. The terms of theSingle Public Service Pension Schemewill apply to this appointment. The minimum age at which pension is payable is set, initially at 66 years (rising in step with State Pension age increases to 67 in 2021 and 68 in 2028). Retirement is compulsory on reaching 70 years of age or on expiration of your contract whichever is the earlier.
Or
B) The terms of the Pension Scheme for Established Civil Servants and of the Contributory Spouses’ and Children Pension Scheme for Established Civil Servants will apply to this appointment.
Note to Personnel Officer –
Please insert the appropriate paragraph, either (i) or (ii), whichever is relevant, in the contract of employment.
(i) To be used for ‘new entrants’
As you are deemed, based on the information supplied by you and with your agreement, to be a new entrant (as defined in the Public Service Superannuation (Miscellaneous Provisions) Act 2004), there is no specified retirement age in respect of your appointment to this position.The minimum age at which pension is payable is 65.
OR
(ii) To be used for those who are not ‘new entrants’
As you are deemed, based on the information supplied by you and with your agreement, not to be a new entrant (as defined in the Public Service Superannuation (Miscellaneous Provisions) Act 2004) retirement iscompulsory on reaching 65 years of age.
If you were previously employed in the Civil Service and awarded a pension under voluntary early retirement arrangements, your entitlement to that pension will cease with effect from the date of reappointment. Special arrangements will, however, be made for the reckoning of previous service given by you for the purpose of any future superannuation award for which you may be eligible.
Pension-Related Deduction
This appointed is subject to the pension-related deduction in accordance with the Financial Emergency Measures in the Public Interest Act, 2009
14. Health and Safety
Attention is drawn to the health and safety policy. It is a condition of employment that all aspects of the policy, of the Safety, Health and Welfare at Work Act and relevant regulations must be complied with at all times.
15. Secrecy, Confidentiality and Standards of Behaviour
Official Secrecy and Integrity
You will during the term of your probationary contract be subject to the provisions of the Official Secrets Act 1993 as amended by the Freedom of Information Acts 1997 and 2003. You will agree not to disclose to third parties any confidential information either during or subsequent to the period of employment.
Civil Service Code of Standards and Behaviour
You will be subject to the Civil Service Code of Standards and Behaviour.
Ethics in Public Office Act 1995
The Ethics in Public Office Act 1995 will apply, where appropriate, to your employment.
Publication of any Material
You will agree not to publish material related to your official duties without prior approval by the Minister.
Political Activity
During the term of your employment you will be subject to the rules governing Civil Servants and politics.
16. Personnel Code
All Circulars are available on the website or from the Personnel Section.
17. Form of Acceptance
If you accept the appointment on these terms, please complete the attached Form of Acceptance and return it to me at the above address.
Signed ______
Personnel Officer
Department of ______
Date______
Form of Acceptance
I accept the offer of appointment as an established [insert grade] on a probationary contract in the Department of ______. I agree to be bound by the above terms and conditions as set out in the above contract (a copy of which I acknowledge to have received for retention by me).
Signed ______
Officer
Date ______
Signed ______
Personnel Officer
Department of ______
Date______
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