Dáil Éireann Debate, Wednesday - 27 April 2005
51 Ms Shortall asked the Minister for Finance if the 1999 EU directive on fixed term contracts is now being applied to all public sector workers; if there has been communication from the EU Commission on this matter; and if he will make a statement on the matter. [13367/05]
Amharc ar fhreagraThe EU Directive 1999/70/EC on fixed term workers was transposed into law as the Protection of Employees (Fixed Term Work) Act 2003 with effect from 14 July 2003. The purpose of the Act, which implements Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed term work concluded by the social partners ETUC, UNICE and CEEP at European level with due transposition date of 10 July 2001, is: to provide for the improvement of the quality of fixed term work by ensuring the application of the principle of non-discrimination, that is, fixed term workers may not be treated less favourably than comparable permanent workers, and to provide for the removal of discrimination against fixed term workers where such exists and the establishment of a framework to prevent abuse arising from the use of successive fixed term employment contracts.
One of the main provisions of the Act is that there are restrictions on rolling over fixed term contracts. In effect, employers are obliged to consider making staff permanent before continuing to employ them on a fixed term contract when the time limit of three to four years set by the Act has been reached. In most cases, permanency should be given by an employer unless the work being undertaken is linked to completion of a specific task. My colleague, the Minister for Enterprise, Trade and Employment, has general responsibility for the Act.
Fixed term workers employed in the Civil Service are protected by the Protection of Employees (Fixed Term Work) Act 2003. They have clear and definite rights under that Act. Government Departments, like all employers, must follow the letter and the spirit of the law. This means that the full terms of the Act were applied to all Civil Service workers from 2003. There are also requirements on employers to issue written contracts and to deal with staff in an open and transparent manner.
In 2004, a number of cases involving six Departments were taken to the rights commissioner service of the Labour Relations Commission, LRC, under the Protection of Employees (Fixed Term Work) Act 2003. These cases were heard in December 2004 and January 2005. The rights commissioner's decision was issued on 3 February 2005. A number of issues have arisen as a result of her decision. These have given rise to concerns of a legal nature. In that light I decided that a notice of appeal should be lodged with the Labour Court. The hearing is scheduled for 7 and 8 July 2005.
There has been no communication from the EU Commission to my Department on this matter. The Minister for Enterprise Trade and Employment has general responsibility for the implementation of the Act. I have made inquiries with him and I understand he has not received a communication from the EU Commission on this matter either. The matter is being monitored on an ongoing basis by my Department.
