The 5-day statement of terms: what every new bar and kitchen starter must get

In hospitality, people often start on a Friday night because that's when you need them. By the following Wednesday, they should already have their core terms in writing. Ireland's "Day 5 statement" exists because too many employees used to work for months with nothing on paper. This guide sets out exactly what goes in it, what follows within a month, how to handle changes, what happens if you miss it, and gives a checklist you can copy for your next bar or kitchen starter.

The two statements at a glance

Both come from the Terms of Employment (Information) Act 1994, amended by the Employment (Miscellaneous Provisions) Act 2018, the Tips and Gratuities Act 2022 and the European Union (Transparent and Predictable Working Conditions) Regulations 2022 (S.I. No. 686 of 2022). The WRC enforces them.

The 11 core terms in the Day 5 statement

The WRC lists these core terms, which must be given in writing within five days:

1. Full names of the employer and the employee
2. Address of the employer, or of the principal place of business in the State
3. Place of work, or a statement that the employee works at various places or chooses where
4. Job title, grade, nature or category of the work, or a brief description
5. Start date of the contract
6. Probation: its length and conditions, if there is one
7. Expected duration for a temporary contract, or the end date for a fixed-term one
8. Pay: the initial basic amount, other components listed separately, how often and how it's paid, and the pay reference period for minimum wage purposes
9. Expected hours per normal working day and per normal working week
10. Terms on hours of work, including overtime
11. The tips and service charge policy, if applicable: how tips, gratuities and mandatory charges are treated

For a pub, restaurant or hotel, items 8, 9 and 11 do the heavy lifting. Be specific about the basic hourly rate, whether you pay weekly or fortnightly, the pay reference period (no longer than a month), and the Sunday premium arrangement. For hours, give a realistic expected day and week, not "as required". If the contract hours are lower than what the person will regularly work, you're storing up a banded hours request (see zero-hours and banded hours).

Item 11 is where hospitality is different from most sectors. Under the Tips and Gratuities Act, your tips policy is a core term. Our Tips and Gratuities Act guide explains what the policy must cover.

The full written statement within one month

Within one month of the start date, the employee must also get the fuller written statement. The WRC lists what it includes, such as:

• the full names and the employer's address
• that the employee may ask for a statement of their average hourly rate of pay
• whether pay is weekly, fortnightly, monthly or otherwise
• terms on paid leave (other than paid sick leave)
• terms on incapacity through sickness or injury
• pensions and pension schemes
• notice periods, or how they're worked out
• any collective agreements, Employment Regulation Orders or Registered Employment Agreements that affect the job
• any training entitlement
• for an entirely or mostly unpredictable work pattern: that the schedule is variable, the guaranteed paid hours, pay for hours beyond them, the reference hours and days within which work may be required, and the minimum notice before a shift

For some of these (marked by the WRC), you can refer the employee to another document, such as a staff handbook or a collective agreement, as long as they can easily get at it.

You can put both statements in one document and give it in the first week. That's simpler and covers both deadlines.

How to give it

The WRC says statements must be:

• in writing
• signed and dated by or on behalf of the employer
• given on paper, or electronically if the employee can access, store and print it and you keep proof of sending or receipt

Keep a copy. The statement of terms is on the WRC's list of statutory employment records and is one of the first things an inspector asks for.

Changing terms later

If any of the particulars change, you must tell the employee in writing of the nature and date of the change no later than the day it takes effect. A new pay rate on 1 January, a move from weekly to fortnightly pay, a new tips policy or a change of main place of work all count. You don't need to notify changes that come from legislation or a collective agreement you've already referred them to.

Changing the tips policy also needs consultation with staff before the change, under the Tips and Gratuities Act.

Complaints, compensation and penalties

• WRC complaints: an employee can complain if they don't get the Day 5 statement, the one-month statement, or if a statement is deliberately false or misleading. For the Day 5 statement, they need more than one month's continuous service before they can complain; for most other breaches, at least four consecutive weeks.
• Compensation: where a complaint is upheld, the adjudication officer can award up to four weeks' pay. The same cap applies to penalisation for invoking rights under the Act.
• Criminal offence: under section 6B of the 1994 Act, failing without reasonable cause to give the Day 5 statement within one month of the start date is an offence, and so is giving false or misleading information in it. The penalty on summary conviction is a class A fine or up to 12 months' imprisonment, or both.
• Fixed payment notice: WRC inspectors can issue a fixed payment notice for not giving a Day 5 statement. Citizens Information puts the amount at €1,500. Paying within 42 days avoids prosecution for that offence.

Copyable checklist: new bar or kitchen starter

Use this for every new starter. Tick each item and keep the sheet with their file.

Before or on day 1

• Full legal name, address, date of birth and PPS number recorded
• Right to work checked and a copy kept (see employment permits)
• Proof of age for anyone under 18 or on an age rate
• Added to the roster with their availability
• Induction booked (fire exits, allergens, cellar or kitchen safety, food hygiene)

By day 5: core terms in writing

• Employer and employee full names
• Employer address
• Place of work (or various places)
• Job title or description (for example: bar staff, commis chef, kitchen porter)
• Start date
• Probation length and conditions
• End date or expected duration, if temporary
• Hourly rate, other pay elements, pay frequency, how paid, pay reference period
• Sunday premium arrangement
• Expected hours per normal day and per normal week
• Overtime and hours terms
• Tips and service charge policy
• Signed, dated and given; proof of receipt kept

By one month: full written statement

• Annual leave and public holiday terms
• Sick pay terms
• Pension terms
• Notice periods
• Collective agreements or EROs, if any
• Training entitlement
• Variable schedule details, if the work pattern is unpredictable
• Grievance, disciplinary and dismissal procedures referenced

Ongoing

• Any change notified in writing by the day it takes effect
• Copies kept with the employee's records

How ShiftComplete fits in

ShiftComplete won't write contracts. It helps with what happens after day 1: the new starter's availability goes in on their phone, they appear on the roster, and the published roster shows on their phone so their hours match what you put in the statement. With clocking in switched on, you get hours worked per person to compare against the expected hours you wrote down. Team announcements mean policy updates, like a new tips policy, don't get lost in a group chat.

It costs €1.99 per active staff member per month, free for 60 days, with no card and no contract.

This is general information, not legal advice. Use the WRC's sample statements of terms as a starting point and check anything unusual with an adviser.