Tony Gregory
Ceist:129 Mr. Gregory asked the Minister for Labour if a person employed on a temporary contract for more than two years in that position is then made permanent.
Written Answers. - Temporary Contract.
Employees' entitlements are determined under collective and individual agreements on the one hand and statutory labour law on the other.
The conditions under which a person is employed are governed primarily by the terms of the agreement or contract entered into by the parties. It is these rather than the passage of any particular period of time which determine whether the employment is to be regarded as temporary or permanent. While some agreements may provide for permanent status after a particular period of satisfactory service, this is entirely a matter for negotiation and agreement between the parties in drawing up the contract of employment.
In relation to statutory labour law there are no clear cut provisions which respond directly to the question which the Deputy has put. The employee's entitlements under a range of protective enactments, including the Minimum Notice and Terms of Employment Act, 1973, the Unfair Dismissals Act, 1977, and the Redundancy Payments Acts, 1967 to 1984, are determined by reference to the eligibility requirements specified in those Acts and not by the description of the individual's employment status. These eligibility requirements generally include provisions relating to hours of work and duration of service.
Under the Minimum Notice and Terms of Employment Act, 1973, employees who work at least 18 hours per week and who have at least 13 weeks' continuous service with the same employer are generally entitled to a minimum period of notice on termination of employment. The Unfair Dismissals Act, 1977, applies in general to employees who work at least 18 hours per week and have at least a year's continuous service with the same employer. Employees with two years' continuous service, or more, who are normally expected to work at least 18 hours per week are covered by the Redundancy Payments Acts, 1967 to 1984.