The ever increasing amount of legislation, both Irish and European, is putting a heavy administrative burden on the Irish employer, and it is having an impact on employment contracts.

This contract defines the nature and extent of the employment relationship between employees and employers; it also defines the parties' rights, obligations and responsibilities.Your workforce demographic may include part-time, full-time, fixed-term, independent contractors and atypical workers. Each class of employee will impose specific considerations on employers which should be incorporated into employment contracts.

Not every aspect of the employment contract has to be in writing but there are certain minimum terms provided by law that must be in writing.

Legislation provides that all employees, including part-time and fixed-term employees, are entitled to certain written terms and conditions after two months in employment. These include the location of work, benefits such as bonus scheme and pay and frequency of payment; independent contractors and atypical workers, however, are not included in the legislation.

Furthermore, the National Employment Rights Authority (NERA) may knock on an employer's door seeking an examination of employment records to ensure compliance with the above.

A well-drafted employment contract is best practice. Where no written contract exists, custom or practice will take precedence. The custom and practice approach is inherently risky, and open to interpretation which may expose employers to claims for equal pay, breaches of working time regulations or even employment equality claims.

A written contract is essential to communicate to employees, for example, an organisation's grievance and disciplinary protocol or how bonuses or other emoluments are remunerated or how sick leave entitlements are dealt with.

There are also many other benefits of a written contract. For example, it can detail the probationary period affording an employer an evaluation period for newly hired employees, once the period does not exceed 12 months. The grievance and disciplinary process can be defined within the contract which affords you the best opportunity to resolve workplace conflicts or impose disciplinary governance in a manner befitting your organisation.

Finally in the age of cyber hyperactivity, you should define an acceptable use of email and the internet, safeguarding both your reputational and security interests.

Oisin Scollard is a Barrister-at-Law and director of Employment Clinic.

He will write a series of articles designed to explain some of the legal issues around employment, complemented by a podcast,on www.employmentclinic.ie