Best Employment Benefits & Executive Compensation Lawyers in Passage West

About Employment Benefits & Executive Compensation Law in Passage West, Ireland

Employment benefits and executive compensation cover the full package an employee or executive receives for their work. This typically includes base salary, variable pay such as bonuses and commission, equity and share incentives, pensions and retirement savings, health and wellness benefits, paid leave, and additional perquisites such as company car, allowances, and insurance. It also spans contract features like probation, notice, restrictive covenants, confidentiality, change-of-control protections, severance, and malus or clawback terms.

Passage West is in County Cork, but the legal framework that governs employment benefits and executive pay is set at Irish national level with strong input from EU law. That means businesses and individuals in Passage West operate under the same statutes, Revenue rules, and regulatory guidance as the rest of Ireland. Sector-specific rules also matter, especially for regulated financial services and listed companies. Local practice in Cork can still influence how packages are negotiated and how disputes are handled in the Workplace Relations Commission and Labour Court.

This guide offers practical information for employees, executives, founders, and employers who want to understand rights and obligations, avoid pitfalls, and know when to seek professional advice.

Why You May Need a Lawyer

Negotiating an employment or executive service agreement. Lawyers help tailor base pay, bonus metrics, long-term incentives, notice and garden leave, severance, and post-termination restrictions so that terms are enforceable and tax efficient.

Designing or joining share incentive plans. Counsel can structure options, RSUs, restricted shares, and cash-settled awards to fit Revenue rules, keep reporting on track, and plan for vesting, leaver provisions, and corporate events.

Resolving bonus, commission, or deduction disputes. Many cases turn on whether a bonus is discretionary or guaranteed, the clarity of performance targets, and the Payment of Wages Act 1991. Early legal advice can prevent escalation.

Managing redundancy and exits. Settlement agreements need careful drafting, appropriate tax treatment of termination payments, and independent legal advice. Employers often contribute to the employee’s legal fees for this advice.

Navigating discrimination, equal pay, or gender pay gap issues. The Employment Equality Acts protect against discrimination and unequal pay. Legal support is crucial for complaints to the Workplace Relations Commission and for internal investigations.

TUPE transfers. When a business or service transfers, most employment terms carry over. Advice is vital on what transfers, what does not, how to consult, and how pension and share plans are treated.

Regulated and listed company pay. Banks, investment firms, fund managers, and listed issuers face remuneration codes, malus and clawback, deferral, and disclosure obligations. Legal and regulatory advice is essential.

Tax and reporting compliance. Benefits in kind, equity gains, PAYE operation on share options, PRSI, USC, and Revenue filings need coordinated legal and tax input.

Data protection and confidentiality. HR data, monitoring, and background checks must comply with GDPR and the Data Protection Act 2018. Legal advice helps align processes and documentation.

Whistleblowing and investigations. The Protected Disclosures regime is complex. Employers and workers both benefit from guidance on procedures, protections, and remedies.

Local Laws Overview

Contracts and pay. Irish employment contracts should set out key terms, including job title, pay, hours, leave, notice, and benefits. The Payment of Wages Act 1991 restricts unlawful deductions and provides a route for complaints to the WRC. The National Minimum Wage Act 2000 sets floor rates. Executive arrangements often include longer notice, garden leave, bonuses, and restrictive covenants that must be reasonable in scope and duration to be enforceable under Irish law.

Working time and leave. The Organisation of Working Time Act 1997 governs working hours, rest breaks, and minimum paid annual leave. Employees generally accrue 4 working weeks of paid annual leave per leave year. Recent changes confirmed that employees on certified sick leave accrue annual leave and have extended time to use it if they could not take it due to illness.

Sick leave. The Sick Leave Act 2022 introduced statutory paid sick leave on a phased basis. Entitlement is increasing over several years. Employers must provide at least the statutory minimum, and many offer more generous contractual sick pay policies. Keep policies aligned with legislation and medical certification requirements.

Family and work-life balance. Statutes include the Maternity Protection Acts, the Paternity Leave and Benefit Act 2016, the Parental Leave Acts, Adoptive Leave, and Parents Leave. The Work Life Balance and Miscellaneous Provisions Act 2023 provides a right to request remote working for all employees and flexible working for parents and carers, supported by a WRC Code of Practice.

Equality and gender pay. The Employment Equality Acts 1998-2015 prohibit discrimination, harassment, and victimisation on protected grounds. Equal pay for like work is required. The Gender Pay Gap Information Act 2021 requires employers over certain headcount thresholds to publish gender pay gap data, with thresholds expanding to smaller employers over time.

Pensions and retirement savings. The Pensions Act 1990 and guidance from the Pensions Authority govern occupational pension schemes. If no scheme is offered, employers must provide employees with access to a PRSA and facilitate payroll deductions. Work is progressing on a national automatic enrolment retirement savings system. Check the current commencement status and lead times for compliance.

Share plans and taxation. Revenue-approved plans like Approved Profit Sharing Schemes and Save As You Earn can offer favourable tax treatment. The Key Employee Engagement Programme supports qualifying share options in certain companies. Since 2024, employers generally operate PAYE on gains from the exercise of share options through payroll, replacing most employee self-assessment on options. Employers must also make annual share scheme returns to Revenue and keep accurate records. Other equity awards may trigger income tax, USC, and PRSI on vesting or award, with capital gains tax applying on sale.

Termination and redundancy. Statutory redundancy is based on reckonable service and capped weekly pay. Ex gratia termination payments can attract tax reliefs such as the basic exemption and the standard capital superannuation benefit formula, subject to conditions and lifetime limits. The correct tax treatment depends on the facts and should be confirmed before payment. Employers should document settlements and consider contributions to independent legal advice.

TUPE. The European Communities Protection of Employees on Transfer of Undertakings Regulations 2003 preserve most terms and conditions when an undertaking or service transfers. Occupational pension scheme benefits are generally excluded, but there are still obligations to inform and consult and to provide access to retirement savings products where required.

Data protection. Employee and candidate data are protected under the GDPR and the Data Protection Act 2018. Employers must have lawful bases for processing, provide clear privacy information, and secure data. Monitoring, background checks, and sharing data with benefit providers require careful compliance.

Whistleblowing. The Protected Disclosures Act 2014 as amended in 2022 strengthens protections for workers who report wrongdoing. Employers must have appropriate procedures and must not penalise workers for making protected disclosures.

Regulated and listed entities. The Central Bank of Ireland applies remuneration rules to certain banks and investment firms, including limits on variable pay, deferral, and malus or clawback. Fund management companies are also subject to remuneration requirements under UCITS and AIFMD. For listed companies, the Companies Act 2014 and EU rules such as the Shareholder Rights Directive II influence remuneration policy, disclosure, and shareholder engagement.

Enforcement and timelines. Most WRC employment claims have a 6 month time limit from the date of the alleged breach, extendable to 12 months where reasonable cause is shown. Missing a deadline can bar a claim. Some High Court claims such as breach of contract or restrictive covenant enforcement follow different limitation periods.

Frequently Asked Questions

What counts as an employment benefit in Ireland

Benefits include anything of value provided by the employer beyond base salary. Common examples are bonuses, commission, health insurance, company car or allowance, mobile phone, training, relocation support, pension contributions, equity awards, paid leave enhancements, meal allowances, and share in profits. Many benefits are taxable benefits in kind and must be processed through payroll.

Are bonuses guaranteed or discretionary

It depends on the contract and plan rules. A guaranteed or contractual bonus is enforceable if conditions are met. A discretionary bonus still must be exercised in a rational and non discriminatory way. Clear bonus criteria, objective targets, and transparent plan rules reduce disputes. Timing of payment and leaver clauses are key negotiation points.

How are share options and equity awards taxed

Since 2024, employers generally operate PAYE, USC, and PRSI on gains arising when share options are exercised. Other awards such as RSUs are usually taxed as income when they vest. Capital gains tax can arise on later sale of shares. Some approved plans like SAYE and APSS offer favourable treatment, and the KEEP regime can be beneficial for qualifying options in certain companies. Employers must file annual returns to Revenue for share awards, options, and gains.

What are my rights to paid sick leave

The Sick Leave Act 2022 introduced statutory paid sick leave that is being phased in over several years. Employees who meet service and medical certification requirements are entitled to a minimum number of paid sick days each year at a percentage of normal pay, subject to a daily cap. Employers may offer more generous contractual policies, but cannot offer less than the statutory minimum.

Can my employer change my benefits

Material changes to contractual benefits generally require employee agreement. Employers can change purely discretionary benefits, but must act reasonably and in line with any policy terms. Imposed changes can lead to claims for breach of contract, unlawful deduction from wages, or constructive dismissal. Consultation and written consent are best practice.

How are termination and redundancy payments taxed

Statutory redundancy is tax free. Ex gratia termination sums may qualify for tax reliefs such as the basic exemption and a formula known as standard capital superannuation benefit, with conditions and lifetime limits. Employer funded notice and payments in lieu of notice are typically taxable as income. Always confirm the position with Revenue guidance and professional advice before finalising a package.

Are non compete and non solicit clauses enforceable

Irish courts will enforce restrictive covenants that protect a legitimate business interest and are reasonable in duration, scope, and geography. Overbroad restrictions risk being struck down. Employers should tailor restrictions and consider garden leave. Employees should seek advice before agreeing to or breaching restraints. Policy proposals to reform non competes have been discussed, so check current developments.

What happens to my benefits if my employer is sold or our contract is retendered

Under TUPE rules, most terms and conditions transfer to the new employer, and service is preserved. Occupational pension scheme benefits are generally excluded from TUPE, but the new employer may have obligations to provide access to a retirement savings product and to consult about changes. Equity awards are governed by the plan rules, which often address treatment on change of control, including acceleration, rollover, or cash out.

What special rules apply to executive pay in regulated or listed companies

Banks and certain investment firms face Central Bank and EU rules on variable pay caps, deferral, retention, and malus or clawback. Fund managers have remuneration requirements under UCITS and AIFMD. Listed issuers must follow shareholder approval and disclosure rules for remuneration policies and reports. Sector rules can limit guaranteed bonuses and severance and may require performance adjustment mechanisms.

How do I raise or defend a dispute about pay or benefits

Start with internal procedures and keep detailed records of contracts, plan rules, emails, and payslips. If not resolved, most statutory employment claims go to the WRC within 6 months of the alleged breach, extendable to 12 months for reasonable cause. Complex contract or injunction issues, such as enforcing restrictive covenants, may go to the courts. Early legal advice can preserve rights and improve outcomes.

Additional Resources

Workplace Relations Commission. Information on employee rights, employer obligations, and how to bring or respond to complaints, including conciliation and adjudication services.

Labour Court. Appeals body for many WRC decisions and a source of determinations that guide workplace practice.

Revenue Commissioners. Guidance on PAYE, USC, PRSI, benefits in kind, share scheme taxation, and employer reporting obligations.

Pensions Authority. Supervision of occupational pension schemes and PRSAs, trustee guidance, and compliance resources.

Department of Social Protection. Statutory benefits such as Parents Benefit, Maternity Benefit, Paternity Benefit, and Illness Benefit, along with employer interaction requirements.

Central Bank of Ireland. Remuneration rules and guidance for regulated financial service providers and updates on individual accountability frameworks.

Euronext Dublin and corporate governance sources. Listing rules, governance codes, and shareholder engagement expectations for listed companies on remuneration matters.

Data Protection Commission. Guidance on employee data, monitoring, and HR privacy compliance under GDPR and national law.

Citizens Information. Plain language overviews of employment rights, leave entitlements, and redundancy that can help you prepare before taking advice.

Law Society of Ireland. Find a solicitor with employment or corporate expertise, including practitioners based in Cork who serve Passage West.

Next Steps

Clarify your objectives. Decide what outcome you want, for example securing a fair offer, resolving a bonus dispute, protecting equity, or planning a compliant scheme.

Gather documents. Collect contracts, side letters, policies, plan rules, grant or award notices, performance targets, payslips, P60s, correspondence, board minutes, and any regulatory or shareholder approvals. For share plans, gather vesting schedules and leaver provisions.

Map the timeline. Note key dates such as award and vesting dates, exercise or expiry dates for options, bonus measurement periods, notice dates, and any WRC filing deadlines. Most WRC claims have a 6 month limit from the breach date, extendable to 12 months for reasonable cause.

Do not sign under pressure. For settlement agreements, take independent legal advice before signing. Ask the employer to contribute to your legal fees and for a tax indemnity where appropriate.

Check compliance and tax. Confirm PAYE operation for benefits and equity, benefit in kind treatment, PRSI and USC, and required Revenue returns. For employers, calendar annual share scheme reporting and gender pay reporting obligations.

Consider sector rules. If you are in a regulated or listed environment, identify applicable remuneration codes, deferral and clawback requirements, and any shareholder or Central Bank notifications.

Seek local legal support. Engage a solicitor with employment and executive compensation experience in Cork who understands market practice in Passage West and the broader region. Complex packages often benefit from coordinated tax and pensions advice.

Keep communication professional. Use clear written communication, propose practical solutions, and consider mediation or WRC conciliation where appropriate.

This guide is for general information only and is not legal advice. For advice on your specific situation in Passage West, consult a qualified Irish solicitor.