Guide to WRC Inspections

Facing an inspection by the Workplace Relations Commission? Our Employment Law Advisor Lisa Barrett tells you everything you need to know. The primary function of the WRC is to inform employers and employees of their respective responsibilities and entitlements. In order to ensure compliance the WRC works with individual employers through the WRC inspection process. In general, an employer will receive advance notice of an inspection by means of an appointment letter specifying a date and time. In the event that the proposed appointment is not feasible the employer should contact the inspector as soon as possible with their valid reason to rearrange an alternative date and time. It is an employer’s responsibility to ensure that they fully cooperate with the inspection process and provide all relevant documentation and records in an appropriate format in order to assist the inspector in making a determination in the process thus, it is imperative that adequate preparation is conducted prior to the inspection. A template with a number of questions typically accompanies the notification letter of the proposed inspection indicating to the employer what records will be required for the purpose of the inspection. The following list depicts the standard records which an inspector will require access to during the course of an inspection:

• Employer registration number with the Revenue
• The full Name, Address and PPS Number for each employee (full-time, part-time, casual, fixed term etc)
• There is meant to be a contract of employment or statement for each employee detailing their main terms and condition of employment.
• Payroll details (including Gross and Net pay, rate per hour/rate of piecemeal, overtime if applicable, deductions, shift and other premiums and allowances where paid, commission and bonuses, etc.)
• Copies of employees’ payslips
• Employees’ job classification or job title
• Dates of commencement and where relevant, date on which employment was terminated
• Hours of work for each employee (including starting and finishing times, meal breaks and rest periods). These may be in the form of Form OWT1 (or in a form that is substantially similar).
• List of employees who are under 18, including hours they have worked, break times, start and finish times. Also including information available for employees who are under on their rights.
• Whether board and/or lodgings are provided and relevant details
• Details of annual leave entitlements to be received by each employee including how public holidays are applied
• Any documentation that may be necessary to prove compliance with relevant employment legislation.

As a result of the inspection if an inspector encounters minor or sometimes accidental breaches the inspector will request the employer to rectify them. In such cases where an employer demonstrates satisfactorily that the matter has been rectified, the file is closed. In the event that there is reason to believe that employees have been under paid in regards the law, the WRC will seek to recover unpaid wages for all affected staff (Current and former). If an inspector makes a finding of serious non- compliance the sanction may involve the issue of compliance notices and fixed payment notices and/ or prosecution where employers refuse to comply with the law, fail to cooperate with the inspection process, and/or who have been found repeatedly in breach of the law. If you have any questions in relation to this article please don’t hesitate to contact Lisa and the rest of expert Employment law advisors on our 24 Hour Advice Service on 01 855 50 50