Model Contract of Employment for the post of Civilian

Driver
Employing Department/Office [Insert Name of Department
Here]
Address

Employee
Address

Contract of Employment as Civilian Driver

I am directed by the Minister for [Insert Name of Department] to
say that s/he is prepared to offer you an appointment as Civilian Driver
for the Minister of State [Insert name of Minister of State] in the
Department of [Insert Name of Department] on the following terms and
conditions with effect from [date]. This contract is issued in accordance
with the Unfair Dismissals Acts 1977 to 2007 and the Minimum Notice
and Terms of Employment Acts 1973 to 2005.
General
1.
The appointment is subject to the Civil Service Regulation Acts
1956 to 2005, the Public Service Management (Recruitment and
Appointments) Act 2004 and any other Act for the time being in force
or any other regulations relating to your employment in the Civil
Service.
Pay
2.

The salary scale for this position is [insert actual full scale
(PPC/non-PPC)].

The rate of pay offered will be 631.75 per week and will be payable
in arrears by Electronic Fund Transfer (EFT) into a bank account of your

choice. Payment cannot be made until you supply a bank account

number and bank sort code to the Personnel Section.
The rate of pay may be adjusted from time to time in line
with Government policy.
Statutory deductions from salary will be made as appropriate by the
Department of [Insert Name of Department]. Deductions for
superannuation contributions will be made from pensionable
remuneration only.
You will agree that any overpayment of salary or of travel and
subsistence may be deducted from future salary payments due to you
in accordance with the Payment of Wages Act 1991. The Department
will advise you in writing of the amount and details of any such
overpayment and give you at least one weeks notice of the deduction
to take place and will deduct the overpayment within six months of
such notice in accordance with the Act.
Tenure
3. The appointment is to a temporary, unestablished position in the
Civil Service. It carries no entitlement to established status, by way of
limited competition or otherwise. Your term of office will cease on the
date the Minister of State ceases to hold Office as Minister of State.
4. In accordance with the Protection of Employees (Fixed Term Work)
Act 2003, your contract is on a fixed-term contract basis only.
5. The Department of [Insert Name of Department] reserves the right
to terminate your employment prior to the date of cessation on giving
of the appropriate notice set down in the Minimum Notice and Terms of
Employment Acts 1973 to 2005. The Department of [Insert Name of
Department] also reserves the right to terminate your employment for
stated reasons. The appointment may be terminated at any time by
either side in accordance with the Minimum Notice and Terms of
Employment Acts 1973 and 2005.
6. In the event of serious misconduct, the appointment may be
terminated without notice.
7. In the event of the appointment being terminated under the terms
of paragraph 6 above, no remuneration or compensation will be
payable other than that applicable to work carried out.
Unfair Dismissals Acts 1977 to 2007

8. The Unfair Dismissals Acts 1977 to 2007 will not apply to the
termination of your employment by reason only of the expiry of this
fixed term contract without it being renewed.
Duties
9. You will be required to perform the duties appropriate to you as
Civilian Driver which may be assigned to you from time to time by the
Minister of State. You may not engage in private practice or be
connected with any outside business which would interfere with the
performance of official duties.
Headquarters
10. Your Headquarters will be such as may be designated from time to
time by the Secretary General. Travel and subsistence payments will
be made at the appropriate Civil Service rates in respect of certified
official travel and subject to the usual Civil Service regulations which
apply in relation to travel and subsistence.

Note:
In the case of drivers who reside more than 22.5 kilometres from the
GPO, Dublin and where the headquarters of the Department is located
in Dublin, overnight subsistence allowance will be payable in respect of
necessary overnight absences from home on official duty.
Day subsistence allowances are not payable for absences at any place
within five kilometres of the driver's home or headquarters.
Organisation of Working Time Act / Hours of attendance
11. The terms of the Organisation of Working Time Act 1997 (OWTA)
will apply, as appropriate, to this appointment.
12. Hours of attendance will be as fixed from time to time but will
amount to on average not less than 41 hours gross per week. The
working pattern will be seven days on and seven days off on a week-on
week-off basis. You will be required to complete form OWT1 in
accordance with S.I. No. 473 of 2001 Organisation of Working Time
(Records) (Prescribed Form and Exemptions) Regulations, 2001 and
submit it to __________ on a fortnightly basis.

No additional remuneration will be paid for extra attendance during the

week on. You will be given an extra payment equivalent to two days
pay for each day you are required to work on your week off.
Note to Personnel Officer if the employee is under 18 years of age
please insert the following sentence: The Protection of Young Persons
(Employment) Act 1996 will apply to your appointment until you reach
18 years of age.
Annual Leave
13. The annual leave allowance will be 14 days per year, expressed
on the basis of;

a seven-day week and exclusive of the usual public

holidays,
to facilitate the taking of annual leave, consideration will
be given to granting annual leave during Dil recesses or
when the appropriate Minister is also on leave,
the duty is rostered between two drivers working one week
on and one week off.

Sick Leave
14.
Pay during properly certified sick absence, provided there is no
evidence of permanent disability for service, may be allowed on a prorata basis, in accordance with the provisions of the appropriate sick
leave circulars.
You will be required to sign a mandate authorising the Department of
Social Protection to pay any benefits due under the Social Welfare Acts
direct to this Department and payment during illness will be subject to
you making the necessary claims for social insurance benefit to the
Department of Social Protection within the required time limits.

Superannuation and Retirement

15.1 Superannuation Terms: Only one of the options (a), (b),
(c), (d) or (e) below should be used as appropriate. (Unused
options should be deleted.)
(a) For appointees who do not fall within categories (b) to (e)
below
The terms of the Non-contributory Pension Scheme for Non-established
State Employees and of the Contributory Spouses' and Childrens

Pension Scheme for Non-established State Employees will apply to this

appointment. The minimum age at which pension is payable is 65..
or
(b) For appointees who are in receipt of or have a preserved
entitlement to public service superannuation benefits (see
paragraph 9.9 in the body of the guidelines above).
Based on the information supplied by you, and as you are in receipt of,
or have an entitlement to, a Public Service pension from a previous
employment you are not entitled to superannuation benefits in respect
of this employment. This Department will facilitate buy not contribute
to membership of a PRSA.
or
(c) For appointees who are serving Civil or Public Servants
You are appointed on secondment from [INSERT NAME OF
DEPARTMENT/OFFICE].
You remain a member of the pension
scheme for [INSERT NAME OF PENSION SCHEME]. The terms and
conditions of that pension scheme will apply to this appointment.
Please Note: Your pension benefits will be based on your salary in
your substantive grade i.e. the grade from where you have been
seconded.
Or
(d) For appointees who are seconded from the private sector
The Pension Section of the Department of Finance must be consulted.
or
(e) For appointees to whom Department of Finance letter
dated 13/10/98 applies:
The terms of the Non-contributory Pension Scheme for Non-established
State Employees and of the Contributory Spouses' and Childrens
Pension Scheme for Non-established State Employees will apply to this
appointment. The minimum age at which pension is payable is 65.
You have acknowledged that you have been informed of, and had
explained to you, the option to take a payment in respect of
superannuation contributions in lieu of membership of the
aforementioned schemes and that you have chosen not to avail of that
option.
OR
Payments not exceeding 11% of salary in respect of superannuation
contributions will be made on your behalf to the [insert name of
company - must be an approved pension provider] pension fund
on foot of notification by you of your membership of that fund. These
payments may, alternatively, be made to you by way of
reimbursement of your contributions to the fund to a maximum of 11%
of salary; reimbursement will only take place on foot of satisfactory
documentary evidence, which vouches for your contributions to the

fund.
Reimbursement of contributions is subject to all statutory
deductions. In accepting this arrangement and in signing this contract,
you agree to waive all entitlements under any Public Service
superannuation scheme in respect of the period of this appointment.
You have acknowledged that you have been informed of, and had
explained to you, the option to join the Non-contributory Pension
Scheme for Non-established State Employees and of the Contributory
Spouses' and Childrens Pension Scheme for Non-established State
Employees in lieu of a payment in respect of superannuation
contributions and that you have chosen not to join the Schemes.
15.2 Retirement Age: Only one of the options (a) or (b) below
should be used as appropriate. (The unused option should be
deleted.)
(a) For appointees who are new entrants
Based on the information provided by you and with your agreement
you are deemed to be a new entrant (as defined in the Public Service
Superannuation (Miscellaneous Provisions) Act 2004), there is no
specified maximum retirement age in respect of your appointment to
this position. Tenure is co-terminus with the Minister.
Or
(b) For appointees who are not new entrants
Based on the information provided by you and with your agreement
you are deemed not to be a new entrant (as defined in the Public
Service Superannuation (Miscellaneous Provisions) Act 2004),
retirement is compulsory on reaching 65 years of age. Tenure is coterminus with the Minister or on reaching 65 years of age whichever is
earlier.
Official secrecy and integrity
16. You will, during the term of your appointment, be subject to the
provisions of the Official Secrets Act 1963 as amended by the Freedom
of Information Acts 1997 and 2003. You will agree not to disclose to
third parties any confidential information especially that with
commercial potential either during or subsequent to the period of
employment. You will also be subject to the Civil Service Code of
Standards and Behaviour.
Confidentiality and publication
17. You will not, while holding the position of Civilian Driver to the
[Minister for State for/at the Department of [Insert Name of

Department Here] or thereafter, disclose or publish any confidential

official information or material, including electronically held data,
which you acquired or which came to your knowledge in the course of,
or as a consequence of, your employment in that capacity, except
where the matter has been submitted for adjudication to the Secretary
General to the Government as to its confidentiality and, on the basis of
his decision, the prior approval of the Minister concerned at the time of
publication has been obtained for publication or disclosure. The
disclosure of official information is also covered by the provisions of the
Official Secrets Act 1963.
18. It is a condition of your employment in the above-stated capacity
that the copyright in any book, article or other publication which you
write or publish, containing unauthorised disclosures of official
information is vested in the Government of Ireland. If in breach of the
said condition you write or publish any book, article or other
publication containing unauthorised disclosures of official information,
any copyright in the said book, article or other publication which but
for this clause would vest in you will belong to the Government of
Ireland.
Civil Service Code of Standards and Behaviour
19. The Civil Service Code of Standards and Behaviour forms part of
your contract for this appointment.
Ethics in Public Office Acts
20. The terms of the Ethics in Public Office Act 1995 and the
Standards in Public Office Act 2001 apply to this appointment (i.e. your
contract of employment and a statement whether you are a relative of
Minister or Minister of State on whose behalf you are appointed will be
laid before the Houses of the Oireachtas).
Personnel Code
21. All circulars are available on the website
www.codpearsanra.gov.ie or from the Personnel Section.
If you accept the appointment on these terms please complete and
return the form of acceptance to me at the above address.
Form of Acceptance
I have read and noted the contract and I am prepared to accept an
appointment as Civilian Driver to the Minister of State for [insert
Department name], on the terms and conditions set out above. I also

acknowledge receipt of a copy of the Civil Service Code of Standards

and Behaviour and confirm that I have read same.
Name: _____________________________
Signed: ____________________________
Dated: ____________________________
Secretary General: _____________________________
Signed: ____________________________
Dated: ____________________________