Best Employment Benefits & Executive Compensation Lawyers in Cobh

About Employment Benefits & Executive Compensation Law in Cobh, Ireland

Employment benefits and executive compensation in Cobh operate under Irish national law and applicable EU rules. Whether you work for a local SME, a multinational in the Cork Harbour region, a regulated financial firm, or a public body, the same statutory framework applies. Core topics include pay and bonuses, equity and share incentives, pensions, health and other benefits, working time and leave, restrictive covenants, and tax compliance. Disputes are typically handled through the Workplace Relations Commission or the courts, with specialist oversight bodies for tax and pensions.

Why You May Need a Lawyer

- You are negotiating an executive service agreement, including base pay, bonus, commission, share options or RSUs, relocation assistance, and post-termination restrictions.

- You are designing or updating a company bonus plan, commission plan, or equity scheme and need it to comply with Irish tax, employment, and corporate governance rules.

- You face a dispute over unpaid bonus, commission clawback, carried interest, or a change-of-control entitlement.

- You are exiting a role and need advice on severance terms, redundancy rights, tax reliefs on termination payments, confidentiality, and non-compete clauses.

- Your employer proposes changes to benefits, pension arrangements, or variable pay and you want to understand whether consent is required and what leverage you have.

- You are involved in a business sale or outsourcing and need help with TUPE transfers, harmonisation of terms, and consultation obligations.

- You are in a regulated sector with specific remuneration rules and need to align incentive structures with regulatory requirements.

- You receive or operate share awards or options and need clear guidance on taxation, reporting, payroll withholding, and filing deadlines.

- You believe you have been treated unfairly or unlawfully in relation to pay, benefits, or equal pay, and are considering a claim to the Workplace Relations Commission.

- You are an employer handling cross-border hires into Cobh and need compliant Irish contract documentation, benefits, and immigration aligned start dates.

Local Laws Overview

- Contracts and written terms: Irish law requires employers to provide a written statement of core terms within 5 days of starting and full terms within a short period. Executive contracts typically include duties, pay and incentives, benefits, notice, garden leave, restrictive covenants, confidentiality, IP, and policies.

- Pay and minimum entitlements: The Payment of Wages Act regulates deductions and requires transparency. National minimum wage and sectoral agreements may apply. Equal pay rules prohibit less favourable pay for like work, work of equal value, or the same work on protected grounds.

- Working time and leave: The Organisation of Working Time Act provides a maximum average 48 hour working week, rest breaks, daily and weekly rest, and a minimum of 4 weeks paid annual leave, plus public holiday entitlements. Overtime premiums are not mandated by statute unless agreed by contract or collective agreement.

- Sick pay and other leave: Statutory sick pay exists for a minimum number of days per year, with the entitlement expanding over time. Family leave includes maternity leave, adoptive leave, paternity leave, and parents leave, with state benefits available subject to eligibility. Force majeure leave covers urgent family emergencies. Company policies may provide enhanced pay.

- Bonuses and variable pay: Bonus, commission, and short term incentive plans should define performance measures, discretion, timing, malus and clawback, treatment on leaver status, and change of control. Discretion must be exercised lawfully and rationally.

- Equity and share plans: Common Irish arrangements include approved profit sharing schemes, savings related share option schemes, KEEP options for qualifying SMEs, and unapproved options or RSUs. RSUs and many share awards are typically subject to payroll withholding on vesting. Share options often involve employee self assessment and specific tax payment deadlines on exercise, and employers must submit annual share scheme returns. Always check current Revenue requirements and filing dates.

- Benefits in kind and taxation: Most non cash benefits are taxable under PAYE, USC, and PRSI, including company cars, accommodation, and low interest loans, subject to reliefs and thresholds. Employers and employees have PRSI obligations based on PRSI class.

- Pensions: Occupational pension schemes are regulated by the Pensions Authority and must comply with the Pensions Act and IORP II standards on governance and funding. Many employers offer PRSAs where an occupational scheme is not provided. Auto enrolment is planned nationally, so employers should monitor commencement dates and required contributions.

- Termination, redundancy, and severance: The Minimum Notice and Terms of Employment Acts set minimum notice periods. Statutory redundancy is generally 2 weeks pay per year of service plus a bonus week, subject to a weekly cap. Ex gratia termination payments may qualify for tax reliefs, including basic exemption and the SCSB formula, subject to conditions and interaction with pension lump sums. Settlement agreements should provide for legal advice and clear waiver terms.

- Equality, whistleblowing, and transparency: The Employment Equality Acts prohibit discrimination across nine protected grounds and provide equal pay rights. Protected Disclosures legislation shields whistleblowers and requires procedures for many employers. Gender pay gap reporting is mandatory for many larger employers, with thresholds phasing down.

- TUPE transfers: On a business transfer or service provision change, employees assigned to the undertaking transfer with their existing terms and continuous service. There are information and consultation duties and limits on changing terms where the sole or principal reason is the transfer.

- Data protection: Employer handling of employee data, including payroll and benefits information, must comply with GDPR and the Data Protection Acts, with appropriate privacy notices and retention schedules.

- Dispute resolution and time limits: Many pay and benefits claims go to the Workplace Relations Commission in the first instance. Limitation periods can be short, often 6 months from the date of contravention, with a potential extension to 12 months for reasonable cause, so early advice is important.

Frequently Asked Questions

What counts as part of my pay for equal pay comparisons?

Equal pay covers basic salary and all contractual or customary elements of remuneration, such as bonus, commission, allowances, and benefits in kind. If men and women doing like work or work of equal value are paid differently, the employer must objectively justify the difference.

Can my employer change my benefits or bonus plan unilaterally?

Material changes to contractual benefits generally require employee consent. Employers can amend discretionary schemes within the terms of the plan, but discretion must be exercised fairly, consistently, and for a proper purpose. Consultation and clear communication reduce risk.

How are RSUs and share options taxed in Ireland?

RSUs and many share awards are taxed as employment income on vesting and are usually processed through payroll with PAYE, USC, and PRSI. Share options typically trigger a tax charge on exercise, with specific self assessment and payment obligations and strict deadlines. Employers must file annual share scheme returns. Because rules and deadlines are technical, obtain tax advice before exercising or selling.

What should an executive service agreement in Cobh include?

Typical clauses cover duties, location and mobility, pay, bonuses and long term incentives, benefits, expenses, pension, probation if any, hours and exclusivity, confidential information and IP, notice and garden leave, redundancy and severance terms, restrictive covenants, clawback, malus, and policies including code of conduct and anti bribery.

Are non compete clauses enforceable in Ireland?

Yes, if they are reasonable and necessary to protect legitimate business interests, limited in duration, geographic scope, and subject matter, and proportionate. Overly broad restrictions risk being struck down. Non solicitation and non dealing clauses are often easier to enforce than a broad non compete.

What are my minimum holiday and rest entitlements?

Statutory annual leave is at least 4 weeks, with daily and weekly rest and rest breaks during the working day. Public holiday entitlements also apply. Contracts and policies often provide enhanced entitlements for executives.

How does statutory redundancy work?

Eligible employees are entitled to a statutory lump sum calculated by reference to service, generally 2 weeks pay per year of service plus a bonus week, subject to a weekly cap. Contractual or negotiated severance may be higher. Employers must follow fair procedures and consult appropriately.

What tax reliefs are available on severance payments?

Certain ex gratia termination payments can benefit from tax free elements, including a basic exemption and the SCSB formula, subject to conditions and interaction with pension lump sums. PRSI and USC treatment depends on the payment type. A solicitor or tax adviser can calculate the optimal structure.

Do Irish employers have to offer a pension?

Employers do not always have to operate an occupational scheme, but they must facilitate access to a PRSA if no scheme is offered. Occupational schemes are tightly regulated. A national auto enrolment system is planned, so employers should prepare for mandatory participation once it goes live.

What are the time limits for bringing a pay or benefits claim?

Many claims to the Workplace Relations Commission must be filed within 6 months of the alleged breach, with a possible extension to 12 months for reasonable cause. Some claims, such as equality claims or breach of contract in the civil courts, may have different time limits. Act quickly and seek advice as soon as an issue arises.

Additional Resources

- Workplace Relations Commission - information on employment rights, procedures, and adjudication.

- Labour Court - appeals and guidance on employment law.

- Revenue Commissioners - guidance on PAYE, USC, PRSI, benefits in kind, share schemes, and termination payments.

- The Pensions Authority - information on occupational pensions, PRSAs, scheme governance, and employer duties.

- Department of Enterprise, Trade and Employment - policy updates and employment law reforms.

- Citizens Information - plain English guides to employment rights, leave, redundancy, and payments.

- Data Protection Commission - employer obligations when handling employee data.

Next Steps

- Gather key documents: contract, bonus or commission plan rules, equity award documentation, pension details, policy handbooks, pay slips, correspondence, and any proposed settlement or amendment letters.

- Map the timeline: note offer dates, plan enrollment, performance periods, vesting or exercise dates, notices of change, and termination or redundancy dates. Deadlines for tax filings or WRC claims can be short.

- Identify your objectives: for example, securing a fair severance, protecting unvested awards, clarifying bonus eligibility, or designing a compliant incentive plan.

- Seek tailored legal advice: a solicitor experienced in employment benefits and executive compensation in County Cork can assess your position, explain options, and negotiate or draft documents to protect your interests.

- Coordinate tax and pensions input: early coordination with tax and pensions advisers helps structure packages efficiently and avoid missed reliefs or filing penalties.

- Keep communication professional: use clear written communication, avoid admissions, and consider without prejudice discussions when negotiating exits or disputes.

- Monitor developments: minimum wage, sick pay entitlements, gender pay gap thresholds, and auto enrolment are evolving. Ensure your arrangements remain compliant.