NERA Inspections in Restaurants

We have had a lot of our Irish customers recently ask us about NERA inspections, so we have put together a quick guide.

NERA stands for the National Employment Rights Authority and was set up to ensure employers compliance with employment legislation in Ireland. NERA have a team of dedicated inspectors who undertake both “announced” and “unannounced” inspections. In general, a business will receive advance notice of a NERA Inspection.  This will normally take the format of an appointment letter, giving a proposed date and time for the inspection.

In 2013 a total of 5,546 inspection cases were completed, of these over 25% were in bars restaurants and hotel. On average over 50% of businesses inspected were compliant.

Prosecution may lead to significant penalties for employers with fines ranging from €1,900 to €15,000 depending on the breach of employment rights legislation.

The Inspection
The inspection will typically last 2 – 3 hours. At the start of any inspection, the Inspector identifies themselves and shows their authorisation, which includes photographic identification. The inspector will examines records to establish that they are in compliance with the relevant employment rights legislation, determines the rates of pay in respect of each employee from the rosters and the wages records presented, Informs the employer during the course of the inspection of any breaches of the legislation identified and may interview employees.

Here is a quick checklist on what you need to have ready.

1. Do you have your employer’s registration number with the Revenue Commissioners?
2. Have you a list of all your employees together with their PPS numbers and addresses?
3. Have you the dates of commencement of employment for all employees? (And dates of termination if applicable?)
4. Have you given all your employees a written statement of terms and conditions of employment?
5. Have you the employees’ job classification?
6. Have you a record of their annual leave and public holidays taken by each employee?
7. Have you a record of hours worked for all employees?
8. Have you a record of all payroll details?
9. Can you prove that you provide your employees with a written statement of pay?
10. Have you a record or register of all employees under the age of 18?
11. Have you employment permits where applicable?
12. Have you filled out the template letter details that you will receive from NERA advising you of the inspection?

To learn more about inspections download this Employers Guide to NERA Inspections.