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What You Should Know

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A fixed-term employee is someone who is employed under a contract which contains a specific start and end date, or who is employed to carry out a specific task or project, or the continuity of whose contract is contingent on a particular event such as the availability of continued funding from an external source.

Employees cannot remain on a series of fixed-term contracts indefinitely. .

If an employee who commenced employment on a fixed-term basis on or after 14th July 2003 has had two or more fixed term contracts, the combined duration of the contracts shall not exceed four years. After this, if the employer wishes the employee to continue, it must be with a contract of indefinite duration.

An employer must inform a fixed-term worker of any vacancies which become available in order to ensure that he/she has the same opportunity to secure a permanent position as other employees.

An employer cannot penalise a fixed-term employee -

(a) for invoking any right of the employee to be treated, in respect of the employee's conditions of employment, in the manner provided for by this Part,
(b) for having in good faith opposed by lawful means an act which is unlawful under this Act,
(c) for giving evidence in any proceeding under this Act or for giving notice of his or her intention to do so, or
(d) by dismissing the employee from his or her employment if the dismissal is wholly or partly for or connected with the purpose of the avoidance of a fixed-term contract being deemed to be a contract of indefinite duration.

A copy of the Act may be viewed by accessing the following link - Protection of Employees (Fixed Term) Work Act 2003.

The Protection of Employees (Part-time Work) Act, 2001 applies to any part-time employee

  • working under a contract of employment or apprenticeship,
  • employed through an Employment Agency,
  • holding office under, or in the service of, the State including members of the Garda Síochána and the Defence Forces, civil servants and employees of any health board, harbour authority or vocational education committee.

In the case of agency workers, the party who is liable to pay the wages (employment agency or client company) will, normally, be deemed to be the employer for the purposes of the Act and be responsible for ensuring that a part-time employee is not treated in a less favourable manner than a comparable full-time employee. (For more information relating to Agency Workers see this page.)

A part-time employee is defined as someone who works less hours than a comparable full time employee doing the same type of work.

Under the legislation, a part-time employee cannot be treated less favourably than a comparable full time employee in respect of any condition of employment.

An employer cannot penalise an employee -

(a) for invoking any right of the employee to be treated, in respect of the employee's conditions of employment, in the manner provided for or for giving notice of his/her intention to do so, or
(b) for having in good faith opposed by lawful means an act which is unlawful under the Act, or for giving notice of his/her intention to do so, or
(c) for refusing to accede to a request by the employer to transfer from performing —

(i) full-time work to performing part-time work, or
(ii) part-time work to performing full-time work,
or

(d) for giving evidence in any proceedings under this Act or giving notice of his or her intention to do so.

 
 
 
 
 
 

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