# Temporary C.O. - am I entitled to be made Permanent



## N&C (3 Mar 2008)

Just wondering if anyone could give me some advice on this....

I have been with my present employer since June 06.  Initially came in on a Maternity Leave cover but contract was renewed for another M/L and then a Career break.  My contract is up in July 08.  This means that I will have served two years here. Am I entitled to be made permanent?

Public Sector job by the way.


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## A_b (3 Mar 2008)

No. They can have you temporary for another 2 yrs depending on whether your contract is fixed term or for specific project etc


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## becky (3 Mar 2008)

Actually in theory they can have you temp for as long as they need you - what is important is that they issue correct contracts (Specific Puposed or Fixed Term).

However, you will probably acquire rights to a perm contract after another 2 years as there is always a requirement for CO's to cover Mat Leaves especially. 

If your contract is being terminated you must be given an objective reason for the non-renewal. If you have been given contracts so far to cover mat leaves up to now there should not be any reason why you don't continue to get another contract. 

It would not be looked upon favourable by a Rights Commissioner if an employer was deliberately offering no more renewals as the 4 year time line was looming.


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## buzybee (4 Mar 2008)

This is one of the downsides of temping/contract work in the public service.  In theory you could be kept on temp contracts for years.  I know of people who are COs and are temping (moving from section to section, covering sick leave & hols) for the past 3 or 4 yrs.  I also know of someone who was in the HSE 10 yrs ago and was temping for 7 yrs before getting a permanent job.

A permanent job will not be given to you automatically.  You must still wait for an advert in publicjobs.  Go for an exam along with 1000 others from around the country.  Get into the top 50, go for an interview, be placed on a panel and then you may get a job. However your temping experience in the public sector may help you get higher in the panel.  Getting a permanent job in the public sector can be a long process taking a year at least if not a couple.  Get applying for everything now.

If permanency is important to you, maybe you should try temping in a private sector company.  At least you may automatically be made permanent after a year or two.  In the public sector, they could advertise your job in the paper, thousands will apply & you will have to attend an interview for what is effectively 'your' job.  I know it is not 'fair' but those are the rules.


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## gebbel (5 Mar 2008)

becky said:


> Actually in theory they can have you temp for as long as they need you - what is important is that they issue correct contracts (Specific Puposed or Fixed Term).


 
But they must let an individual go before he/she has reached more than 2 years continuous service, otherwise they must by law make them permanent.


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## N&C (5 Mar 2008)

Thanks for replies.

Basically I was advised by two colleagues to join the union now and when I reach the two years (June) to apply to be made permanent.  My contract runs out in July.  They were under the impression that they must make me permanent after two years! I am still confused about this.  Could you elaborate on your point gebbel.

I have applied for numerous Clerical Officer jobs but no joy! I have a Degree and nearly four years experience in public sector but I am useless at interviews! 

Also I am not paying superannuation.  The Payroll Manager discussed this recently with HR Manager but the answer was that they never let temp staff pay super so they are not going to start now!!!!  As I said I have nearly four years in public sector so I am anxious to start paying it. Should I approach the HR Manager myself about this or should I join the Union first?


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## BOC_1968 (5 Mar 2008)

If anyone can recommend a definitive source of information on this topic I'd be grateful, as I am currently working in Public Sector and have a similar   dilemma.


I started working with my organisation on a 3 year fixed term contract in Aug 03. In Aug 05 I changed role and got another a 3 year fixed term contract - so I'm now approaching the expiry of that second contract in Aug 08.

I've heard that because I'm here over 4 years that I'm entitled to permanency, and I've been assured by HR that my current position will be made permanent in Aug. 

However for a number of reasons I not happy to wait, and I want to push the issue, but I'd like to know where I stand before I do that.

Thanks, B


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## Staples (5 Mar 2008)

AFAIK, the fact that this is a public sector organisation shouldn't make any difference insofar as it relates to the employment rights of an individual. 

While I'm unaware of the specifics, legislation was introduced a few years ago to prevent the potential abuse of rolling or never-ending contracts that left employees more epsoed and less protected (e.g. as in your case, the inability to pay superannuation).

You can easily check your employment rights, and the status of recurring contracts in particular, at the new National Employment Rights Authority.

[broken link removed]


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## legend (5 Mar 2008)

http://www.irishstatutebook.ie/2003/en/act/pub/0029/index.html

*9.*—(1) Subject to _subsection (4)_, where on or after the passing of this Act a fixed-term employee completes or has completed his or her third year of continuous employment with his or her employer or associated employer, his or her fixed-term contract may be renewed by that employer on only one occasion and any such renewal shall be for a fixed term of no longer than one year.

FYI,


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## Paddylast (16 Mar 2008)

N&C I would advise joining the union and seeking their advice on any of these issues.  In turn the union will represent you if you have any IR issues with your employer.  In relation to contracts, if you have already been issued with three consecutive contracts your employer can issue only one more - after that you must be given a permanent contract. 

If you are finding it difficult to do interviews, you should consider signing up with a company that will take you through this step by step pointing out where you are going wrong and generally helping to build up confidence. Make sure at any interview that you emphasis the fact that you have already gained several years experience in the position you now have and that this can be transferred to any new position that you might gain. Saying all this in a confident manner should go a long way.
Good luck.


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## A_b (16 Mar 2008)

as far as I know the union can't do much for you as temporary staff member.  Also, its definitely at least 3 years before permancy.


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## becky (16 Mar 2008)

BOC_1968 said:


> If anyone can recommend a definitive source of information on this topic I'd be grateful, as I am currently working in Public Sector and have a similar dilemma.
> 
> 
> I started working with my organisation on a 3 year fixed term contract in Aug 03. In Aug 05 I changed role and got another a 3 year fixed term contract - so I'm now approaching the expiry of that second contract in Aug 08.
> ...


 
The fact that you changed role is significant.  IMO your clock started in Aug 05.  In August 08 they can offer you one more contract for one year and then let you go.  However, if they have said they will make you perm in August it sounds good and they obvs have no objective reason to let you go.


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