A fixed-term employee is a person who has entered into a contract of employment where the end of the contract is determined by an objective condition such as arriving at a specific date, completing a specific task or the occurrence of a specific event. The Protection of Employees (Fixed-Term Work) Act, 2003 offers significant protection to fixed term workers and the purpose of this legislation is:
1. to ensure that fixed term workers are afforded no less favourable treatment than their comparable permanent counterparts; and
2. to prevent employers from abusing employees by employing them on a series of successive short, fixed term contracts.
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 unless the employer has objective grounds for renewing the contract of employment again on a fixed-term basis.
However, the Act does not apply in circumstances where an employee is not re-employed by an employer following completion of a fixed-term contract. 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.
The Workplace Relations Commission’s Customer Service and Information Unit provides information on employment, equality and industrial relations rights and obligations, and can be contacted at Lo-call 1890 80 80 90 or 059-9178990 or via its website www.workplacerelations.ie. A complaint may be made using the Workplace Relations e-Complaint Form available on the WRC website.
