# Fixed Term Contract expired - Should I continue to work without a written extension



## JP1234 (24 Nov 2006)

Bit of an odd one...the company I am currently with initially offered me a fixed term contract of 6 months which I was told was "normal" and nothing to worry about. Even after starting I was reassured that it's just the way they are and not unusual for them to extend it for a further 6 months before making people permanent. It was only several weeks in to the job I discovered  I was actually covering maternity leave and therefore once the person I am covering decides to return,  my job does not exist so there is every chance I will be let go. However, I have since found out another girl who started 10 weeks before me is in the same position and she is now working without any kind of contract as they have not formally extended her employment. My contract ends in early January but the Mat leave person is not returning until April, yet no-one seems willing to confirm if I am to stay on.  Being honest, I couldn't care less about the job and if I am out of work in January so be it, we would survive and I would welcome the break but on the other hand, the money is handy so I could stick it out if need be. My question is, is it ok to turn up everyday without any kind of written agreement, for instance, if I was injured at work would I have a case, if I am sick can I still get paid and do I still accrue holiday entitlement etc? My gut feeling is no but I would be interested if anyone can shed any light, I would like to approach HR with as much information as I can. What I don't want to do is just not turn up the day after my contract ends in case this could be stated on any reference I might need but on the other hand if they don't offer me an extension my reason for leaving is simply, end of fixed term contract and the company could not say anything more as it was factually correct.


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## MsGinger (24 Nov 2006)

A fixed term employee cannot be treated in a less favourable manner than a comparable permanent employee, so you would still be entitled to holiday pay, sick pay etc - basically anything that someone doing your job as a permanent employee gets.


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## efm (24 Nov 2006)

MsGinger said:


> A fixed term employee cannot be treated in a less favourable manner than a comparable permanent employee, so you would still be entitled to holiday pay, sick pay etc - basically anything that someone doing your job as a permanent employee gets.


 
I think the OP was asking what happens when the fixed term contract runs out but the company still expect you to turn up and work ? I have had this happen to me a couple of times where a fixed term contract I was on lapsed and it was a couple of weeks before it was renewed - in my case this wasn't a big issue as I had an excellent relationship with the company and trusted them.

In your case it may be worthwhile putting something in writing to the HR dept and copying your manager - eg "...I just wish to confirm that my contract ends on x date and that my services are no longer required past this point". Legally I am not sure of the position regarding sick pay etc if your fixed term contract has expired


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## Purple (24 Nov 2006)

from [broken link removed] page on irishstatutebook.ie 





> (2) Where an employer proposes to renew a fixed-term contract, the fixed-term employee shall be informed in writing by the employer of the objective grounds justifying the renewal of the fixed-term contract and the failure to offer a contract of indefinite duration, at the latest by the date of the renewal.


You could just let it slide and assume you are permanent...


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## JP1234 (25 Nov 2006)

*Re: Fixed Term Contract expired - Should I continue to work without a written extensi*

Thanks.

I have been dropping some not so subtle hints to my line manager about only having 6 more weeks of putting up with me.

My contract ends on a Wednesday so I may see that week out and just not turn up the following Monday if they haven't confirmed anything.


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## dillons (28 Nov 2006)

MsGinger said:


> A fixed term employee cannot be treated in a less favourable manner than a comparable permanent employee, so you would still be entitled to holiday pay, sick pay etc - basically anything that someone doing your job as a permanent employee gets.


 
sorry for hi-jacking the original thread but does that mean that a fixed-term employee is entitled to paid maternity leave also as per permanent employees in a company? a friend is on a 2-yr fixed term contract but didn't think she would be entitled to paid maternity & didn't want to ask the question for obvious reasons.
thanks.


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## Purple (28 Nov 2006)

Yes, she is.


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## MsGinger (29 Nov 2006)

A fixed term employees maternity leave expires on the last day of the contract.


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## JP1234 (29 Nov 2006)

*Re: Fixed Term Contract expired - Should I continue to work without a written extensi*

Jaybird ( no worries about hijacking, my question had been answered)

My understanding of how my contract works is that I am entitled to 3 days sick pay - I am out sick for the last 2 days so I will need to clarify this when I return . A lot of the "perks" such as pension, health insurance, discount schemes on loans/car insurance etc are only available to staff who have completed 1 year of permanent employment with the company, this is stated in our handbook, though it's fairly common in my place for people to be on "renewed 6 month contracts" for up to 2 years before being made permanent so in effect they can be there for 3 years before they get the benefits.

With the regard the second part of your query, that's kind of the situation I am in, my 6 months are up in just over a month and all I have been told is that I should be kept on until March. My feeling is they are allowed to do it, though your friend might want to check his contract, mine does have a clause in that allows them to extend it for up to 3 months, though I will not be turning up for work the day after my current contract ends if I have not had anything in writing.  I know of a couple of people in my place that have refused to accept another short term contract and been prepared to walk out that have been made permenant within days but depending on your friends situation that might be a risk he isn't willing to take


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