Community Employment Scheme Agreement (Ireland)

A Community Employment Scheme Agreement in Ireland sets the terms on which the land, stock, or rural work is held or carried out between the parties, as regulated by the Organisation of Working Time Act 1997.

The Community Employment Scheme is one of Ireland's longest-established active labour market programmes, operating since 1994. It provides work experience and training opportunities for unemployed persons and other target groups within community and voluntary sector organisations. The CE scheme is administered by the Department of Social Protection (DSP) through the network of Intreo Centres and is financially supported by the European Social Fund Plus (ESF+) under Ireland's Human Capital Investment Operational Programme.

The legal relationship in a CE scheme involves three parties: the Department of Social Protection (which funds the scheme and sets the rules through the CE Procedures Manual); the sponsor organisation (which employs the participant and is responsible for day-to-day management of the CE placement); and the participant (who is employed by the sponsor and is the beneficiary of the scheme). The participant agreement governs the relationship between the sponsor and the participant.

The CE participant agreement is an employment contract for a fixed term, typically one year, and the participant is treated as an employee of the sponsor for all purposes of Irish employment law during the placement. The participant is not employed by the DSP. The sponsor organisation bears employer responsibilities including payment of wages, PAYE/PRSI/USC deductions, health and safety compliance, and compliance with all statutory employment rights.

The DSP's CE Procedures Manual, updated periodically and available from gov.ie, sets out detailed requirements for CE scheme management including eligibility criteria, application and recruitment procedures, participant and supervisor contracts, training requirements, financial management, and compliance reporting. Sponsors are required to comply fully with the Procedures Manual as a condition of their CE scheme approval.

The legal framework governing the Community Employment Scheme Agreement (Ireland) in Ireland draws on several key statutes and regulatory bodies. Under the Employment Equality Acts 1998-2015, enforced by the Workplace Relations Commission (WRC), parties to this agreement retain rights under the Unfair Dismissals Acts 1977-2015 and the Organisation of Working Time Act 1997. Section 8 of the Unfair Dismissals Act 1977 grants the WRC adjudication officers jurisdiction to hear claims. The Data Protection Act 2018, implementing GDPR in Ireland, governs personal data processed under this agreement. Revenue Commissioners require PAYE/PRSI compliance for all employment arrangements. Parties executing a Community Employment Scheme Agreement (Ireland) in Ireland should confirm the document reflects current Irish law, including any amendments enacted since the original drafting date. The Employment Equality Acts 1998-2015 sets the foundational requirements, while secondary legislation and statutory instruments may impose additional obligations depending on the specific circumstances of the transaction.

A Community Employment Scheme Agreement is required whenever a CE scheme sponsor organisation recruits a new participant to a CE placement that has been approved by the Department of Social Protection.

The agreement must be completed and signed at the start of every new CE placement, including:

• initial placements by new participants who are entering the CE scheme for the first time;
• renewals of existing placements where the DSP has approved a further year of participation beyond the initial year;
• transfers of a participant from one CE scheme sponsor to another.

The agreement must be in place before the participant commences work. A copy of the signed agreement must be retained by the sponsor and a copy given to the participant. The DSP may request to inspect participant agreements as part of a CE scheme compliance audit.

The agreement is also the reference document for managing the CE placement. The CE supervisor and participant should refer to it when questions arise about working hours, training obligations, leave entitlements, and the procedures for dealing with performance issues or early termination of the placement.

Sponsor organisations should also note that CE participants who have completed 52 weeks of continuous employment with the sponsor organisation acquire unfair dismissal protection under the Unfair Dismissals Acts 1977–2015, which means that the sponsor must follow fair procedures before terminating a CE placement, even on the expiry of the fixed term. The WRC has jurisdiction to hear unfair dismissal claims by CE participants against sponsor organisations, and such claims do arise in practice.

In addition to the participant agreement, sponsor organisations must also have in place a CE supervisor contract (governing the employment of the CE supervisor who manages the participants), a CE scheme sponsor agreement with the DSP, and appropriate health and safety documentation including a safety statement and risk assessments covering the activities carried out by CE participants.

A thorough Community Employment Scheme Agreement should contain the following key elements in accordance with the DSP's CE Procedures Manual and Irish employment law.

Parties: The full legal name and address of the sponsor organisation and the full name, address, PPS number, and DSP customer reference number of the participant.

Commencement and duration: The start date of the CE placement, the initial contract period (typically 52 weeks), and confirmation that the contract is a fixed-term contract subject to DSP funding approval for any renewal.

Place of work: The primary location(s) at which the participant will work during the CE placement.

Working hours: Confirmation that the participant will work 19.5 hours per week (excluding rest breaks), with specification of the days and times of work.

Remuneration: The weekly wage payable to the participant (currently a minimum of €258 per week or the national minimum wage rate for 19.5 hours, whichever is greater), the payment method, and the pay frequency (weekly).

Deductions: Details of PAYE income tax, PRSI (social insurance), and USC (Universal Social Charge) deductions, which are the employer's obligation to calculate and remit to Revenue.

Annual leave and public holidays: Entitlement to four weeks' paid annual leave per year and nine public holidays under the Organisation of Working Time Act 1997.

Training: The participant's obligation to participate in training activities as agreed in the Individual Learner Plan (ILP), the minimum training hours requirement, and the procedure for preparing and reviewing the ILP.

Health and safety: The sponsor's obligations under the Safety, Health and Welfare at Work Act 2005, including provision of health and safety induction, risk assessments, and the written safety statement.

Grievance and disciplinary procedures: The procedures for addressing participant grievances and for managing disciplinary matters, consistent with the WRC Code of Practice on Grievance and Disciplinary Procedures (S.I. No. 146 of 2000).

Confidentiality: The participant's obligation to maintain confidentiality in respect of the sponsor organisation's information, service user information, and any personal data encountered during the CE placement.

Termination: The circumstances in which the placement may be terminated early (including withdrawal by the DSP of funding approval, participant misconduct, persistent non-attendance, and completion of the fixed term), the notice period (minimum one week under the Minimum Notice and Terms of Employment Acts 1973–2005), and the procedure for return of equipment and materials on termination. The forms-legal.com Community Employment Scheme Agreement (Ireland) template covers the mandatory elements under Employment Equality Acts 1998-2015.

Additional compliance elements for a Community Employment Scheme Agreement (Ireland) used in Ireland include: Data Protection — the Data Protection Act 2018 and GDPR Article 6 require a lawful basis for processing personal data; Governing Law — specify Irish law and the jurisdiction of Irish courts; Dispute Resolution — parties may refer disputes to the Workplace Relations Commission (WRC) for employment matters or initiate proceedings in the Circuit Court or High Court of Ireland for civil claims. Under the Employment Equality Acts 1998-2015, enforced by the Workplace Relations Commission (WRC), parties to this agreement retain rights under the Unfair Dismissals Acts 1977-2015 and the Organisation of Working Time Act 1997. Section 8 of the Unfair Dismissals Act 1977 grants the WRC adjudication officers jurisdiction to hear claims. The Data Protection Act 2018, implementing GDPR in Ireland, governs personal data processed under this agreement. Revenue Commissioners require PAYE/PRSI compliance for all employment arrangements. Revenue Commissioners require appropriate tax treatment of payments made under the agreement, including VAT under the Value-Added Tax Consolidation Act 2010 where applicable.