CONTRACT OF EMPLOYMENT
Permanent Full-time Employment · Terms Of Employment (Information) Act 1994 · Ireland
EMPLOYER
Emerald Tech Solutions Ltd.
12 Grand Canal Quay, Dublin 2, D02 HH90 · CRN: 654321
EMPLOYEE
Aoife Ní Bhriain
4 Pembroke Road, Ballsbridge, Dublin 4, D04 V9X7 · PPSN: 1234567T
Role: Senior Software Engineer
Commencement: 15 April 2026 · EUR 75,000.00 p.a.
This Contract of Employment (this "Contract") is entered into between Emerald Tech Solutions Ltd. (the "Employer") and Aoife Ní Bhriain (the "Employee"). It constitutes the written statement of terms of employment required by the Terms of Employment (Information) Act 1994 (as amended by the European Union (Transparent and Predictable Working Conditions) Regulations 2022 (S.I. No. 144/2022)), effective from 15 April 2026.
1.
EMPLOYMENT
The Employer employs the Employee on a permanent full-time basis with effect from 15 April 2026. This Contract is of indefinite duration, subject to the notice provisions in Clause 9 below. The Employee's employment is conditional upon (a) production of evidence of entitlement to work in Ireland; and (b) satisfactory completion of any pre-employment checks reasonably required by the Employer.
2.
JOB TITLE AND DUTIES
The Employee is employed in the position of Senior Software Engineer within the Product and Engineering department. This written statement of job title and the nature of the work satisfies section 3(1)(c) of the Terms of Employment (Information) Act 1994. The Employee shall perform faithfully and diligently all duties reasonably associated with the role and such other duties as the Employer may reasonably require from time to time, commensurate with the Employee's skills and experience. The Employee shall comply at all times with the Employer's policies and procedures as amended from time to time.
3.
PLACE OF WORK
The Employee's principal place of work is 12 Grand Canal Quay, Dublin 2, D02 HH90. The parties have agreed a hybrid working arrangement whereby the Employee may work partly from home and partly from the Employer's premises. The specific on-site and remote schedule shall be agreed in writing between the parties and may be varied on reasonable notice to reflect operational requirements. Remote working does not affect the Employee's place of employment for tax or employment law purposes.
4.
HOURS OF WORK
The Employee's ordinary working hours are 39 hours per week, Monday to Friday 09:00–17:30, with 30-minute unpaid lunch (min. 3 days on-site). In accordance with section 16 of the Organisation of Working Time Act 1997 (OWTA 1997), the Employee shall not be required to work more than an average of 48 hours per week calculated over a four-month reference period, save in exceptional circumstances permitted by the Act. The Employee is entitled to daily rest, weekly rest and in-work rest breaks as prescribed by the OWTA 1997.
Overtime: the annual salary is inclusive of remuneration for any reasonable additional hours; no separate overtime payment shall be made unless otherwise agreed in writing.
5.
REMUNERATION
The Employee shall receive a gross annual salary of EUR 75,000.00, payable monthly in arrears on the last working day of each calendar month by electronic funds transfer to the Employee's nominated bank account. All payments are subject to statutory deductions for PAYE income tax, PRSI and USC in accordance with the applicable Revenue Commissioners requirements and the Payment of Wages Act 1991 (PWA 1991). No deduction shall be made from the Employee's wages other than those authorised by law or by the Employee's prior written consent under section 5 of the PWA 1991. The salary satisfies the National Minimum Wage Act 2000 (NMWA 2000) rates. Salary shall be reviewed (but not necessarily increased) annually.
6.
ANNUAL LEAVE
The Employee is entitled to 25 days paid annual leave per leave year (pro-rated for any partial year), which is no less than the statutory minimum of 20 days provided by section 19 of the Organisation of Working Time Act 1997 (OWTA 1997). The leave year runs from 1 January to 31 December. Annual leave must be taken in the year in which it accrues, subject to the Employer's approval of dates. Holiday pay is calculated in accordance with the OWTA 1997 and the Organisation of Working Time (Determination of Pay for Holidays) Regulations 1997 (S.I. No. 475/1997). On termination, accrued but untaken leave will be paid in lieu; any leave taken in excess of the pro-rated entitlement may be deducted from final pay where permitted by law.
7.
PUBLIC HOLIDAYS
The Employee is entitled to the benefit of the 10 statutory public holidays in Ireland as provided by the Organisation of Working Time Act 1997 (OWTA 1997) and the Organisation of Working Time (Public Holiday) Regulations 2022 (S.I. No. 3/2022). The benefit shall take the form of (a) a paid day off on the public holiday, (b) an additional day of paid annual leave, or (c) an additional day's pay, as determined by the Employer in accordance with section 23 of the OWTA 1997.
8.
PROBATIONARY PERIOD
The first 6 months of employment constitute a probationary period during which the Employee's performance, conduct and suitability for the role will be assessed. The probationary period shall not exceed 12 months in accordance with the Unfair Dismissals (Amendment) Act 1993 and the European Union (Transparent and Predictable Working Conditions) Regulations 2022. The Employer may, in exceptional circumstances and on written notice, extend the probationary period up to a maximum of 24 months. During probation, either party may terminate on one week's notice. The unfair dismissal protections under the Unfair Dismissals Act 1977 (UDA 1977) do not apply during the probationary period.
9.
NOTICE AND TERMINATION
Either party may terminate this Contract by giving the other three (3) calendar months in writing. The Employer shall give the Employee the following statutory minimum notice under the Minimum Notice and Terms of Employment Act 1973 (MNTEA 1973): less than 2 years' service — 1 week; 2–5 years — 2 weeks; 5–10 years — 4 weeks; 10+ years — 6 weeks. Where the contractual notice set out above exceeds the statutory minimum, the contractual notice shall apply. The Employer may summarily dismiss the Employee without notice in the case of gross misconduct, subject to a fair procedure in accordance with natural justice and the Industrial Relations Act 1990 Code of Practice on Grievance and Disciplinary Procedures (S.I. No. 146/2000).
Garden Leave: during all or any part of any notice period, the Employer may, at its absolute discretion, require the Employee to remain away from the Employer's premises and to refrain from contacting clients, customers, suppliers or colleagues, provided that the Employee's salary and contractual entitlements shall continue throughout the garden leave period. During garden leave, the Employee remains bound by all continuing obligations under this Contract, including the duty of good faith and confidentiality.
10.
PENSION
The Employer operates the following pension arrangement: Company contributory pension — employer 5%, employee 5% of gross salary. Full details of the pension arrangement will be communicated separately to the Employee. Employee contributions to the pension scheme shall be deducted from gross salary in accordance with Revenue Commissioner guidelines, and are subject to the tax relief limits applicable under Part 30 of the Taxes Consolidation Act 1997.
11.
CONFIDENTIALITY
The Employee acknowledges that, by reason of the employment, they will have access to confidential information belonging to the Employer, including (without limitation) business plans, financial information, pricing, client and supplier lists, trade secrets, technical specifications, software and proprietary methodologies. The Employee shall not, during or after the termination of employment, use or disclose any such confidential information to any person (other than in the proper performance of their duties or as required by law or order of a court of competent jurisdiction). This express obligation supplements the Employee's implied duty of fidelity and good faith under Irish common law and survives termination of employment without limit of time in respect of information constituting a trade secret.
12.
DATA PROTECTION
The Employer is a data controller of the Employee's personal data for the purposes of administering the employment relationship. Processing is carried out on the lawful bases of contract performance (Art. 6(1)(b) GDPR), legal obligation (Art. 6(1)(c) GDPR) and legitimate interests (Art. 6(1)(f) GDPR), and for special category data on the bases provided by Article 9 GDPR and Schedule 2 of the Data Protection Act 2018 (DPA 2018). The Employee has the right to access, rectify and, in certain circumstances, erase their personal data. Full details of the Employer's data processing activities and the Employee's data-subject rights are set out in the Employer's staff privacy notice, provided separately. The Employee shall at all times comply with the DPA 2018 and GDPR in processing personal data in the course of employment.
13.
PROTECTED DISCLOSURES (WHISTLEBLOWING)
Nothing in this Contract prevents the Employee from making a protected disclosure within the meaning of the Protected Disclosures Act 2014 (PDA 2014) (as amended by the Protected Disclosures (Amendment) Act 2022). The Employer is prohibited by the PDA 2014 from penalising any worker for making a protected disclosure in good faith. Any worker who is penalised for making a protected disclosure may apply to the Workplace Relations Commission (WRC) under section 11 of the PDA 2014. The Employer has in place internal protected-disclosure procedures, a copy of which will be provided to the Employee.
14.
HEALTH AND SAFETY
The Employer and the Employee shall comply with their respective obligations under the Safety, Health and Welfare at Work Act 2005 (SHWWA 2005) and all regulations made thereunder. The Employer shall so far as is reasonably practicable ensure the safety, health and welfare of the Employee at work. The Employee shall take reasonable care of their own safety and health and that of any other person who may be affected by their acts or omissions at work, and shall not intentionally or recklessly interfere with or misuse anything provided for the purposes of safety, health and welfare.
15.
GOVERNING LAW AND JURISDICTION
This Contract shall be governed by and construed in accordance with the laws of Ireland. Any dispute arising out of or in connection with the employment relationship shall be subject to the jurisdiction of the Workplace Relations Commission (WRC) under the Workplace Relations Act 2015 (WRA 2015) in the first instance, with rights of appeal to the Labour Court and, on points of law, to the High Court of Ireland. Nothing in this Contract limits any statutory right of either party.
16.
ELECTRONIC EXECUTION
This Contract may be signed electronically. An electronic signature applied to this Contract constitutes a legally valid and enforceable signature under section 13 of the Electronic Commerce Act 2000 (ECA 2000) and EU Regulation No. 910/2014 (eIDAS), and shall have the same legal effect as a handwritten signature.
17.
NON-SOLICITATION
For the protection of the Employer's legitimate business interests, the Employee agrees that for a period of twelve (12) months following the termination of employment (for any reason), the Employee shall not, directly or indirectly, solicit, canvass or approach any person or entity who was a client or customer of the Employer during the twelve (12) months immediately preceding termination and with whom the Employee had material contact or responsibility in the course of employment, with a view to providing products or services that compete with those of the Employer. This restriction is intended to be reasonable in all respects in accordance with the principles in Murgitroyd and Company Ltd v Purdy [2005] IEHC.
18.
NON-COMPETE
For the protection of the Employer's confidential information and client connections, the Employee agrees that for a period of 6 months following termination of employment, the Employee shall not, whether as employee, director, consultant, partner, agent or otherwise, be engaged or interested in any business that competes directly with the business of the Employer with which the Employee was materially concerned during the twelve (12) months preceding termination, within the Republic of Ireland. The Employee acknowledges that this restriction is no wider than is reasonably necessary to protect the Employer's legitimate business interests, having regard to the geographic scope, duration and the Employee's role. If any aspect is held invalid or unenforceable by a court of competent jurisdiction, it shall be modified to the minimum extent necessary to make it enforceable, in accordance with the principles in Murgitroyd and Company Ltd v Purdy [2005] IEHC.
19.
INTELLECTUAL PROPERTY
All intellectual property rights (including copyright, database rights, inventions, designs, trade marks and know-how) created by the Employee in the course of or arising from the employment — whether alone or jointly with others — shall vest absolutely in the Employer in accordance with sections 23 and 97 of the Copyright and Related Rights Act 2000 (CRRA 2000) and applicable principles of Irish law. To the extent that any such rights do not automatically vest, the Employee hereby irrevocably assigns to the Employer, by way of present assignment of future rights, all such rights throughout the world for their full term. The Employee waives all moral rights in such works under Part III of the CRRA 2000. The Employee shall, at the Employer's reasonable cost, execute all documents and do all things reasonably required to perfect the Employer's title to such rights. This clause survives termination of employment.
20.
GRIEVANCE AND DISCIPLINARY
The Employer's disciplinary and grievance procedures comply with the Industrial Relations Act 1990 Code of Practice on Grievance and Disciplinary Procedures (S.I. No. 146/2000) and are available in the Employee Handbook (provided separately). Any disciplinary action will be conducted in accordance with the principles of natural justice, including the right to be informed of the allegation, the right to respond and the right to representation by a colleague or trade union official. The Employee has the right under section 8 of the Workplace Relations Act 2015 (WRA 2015) to bring a complaint to the WRC in respect of alleged unfair dismissal.
Examples of gross misconduct (non-exhaustive) that may result in summary dismissal without notice include: Fraud, theft, serious breach of data protection or confidentiality, harassment or bullying of colleagues, deliberate damage to company property, being unfit for duty due to alcohol or substance misuse..
Appeals: any Employee wishing to appeal a disciplinary decision should do so in writing within five (5) working days to Head of Human Resources.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date first written above.
EMPLOYER
Emerald Tech Solutions Ltd.
Date: ____________________
EMPLOYEE
Aoife Ní Bhriain
Date: ____________________
