Employment on Temporary Contracts

Hi,

Does anyone know of a good dublin city centre solicitor familar with employment law (and who is not too expensive!) who could advise on a temporary work contract I am being offered.

I understand that if you are employed on a temporary contract for more than 3 years, if the job is continuing on, you must be offered a permanent contract at teh end of the temporary contract

Fixed term, specified purpose contracts

The following from www.cidb.ie

"The Protection of Employees (Fixed-Term Work) Act 2003 was passed in July 2003. The Bill applies to workers on fixed-term and fixed-purpose contracts. It provides that fixed-term workers may not be treated less favourably than comparable permanent employees.

The Act includes a provision to prevent the abuse of successive fixed-term contracts. Broadly, this provides that fixed term contracts may not last for more than a total of 4 years unless there are objective grounds justifying another renewal of the contract. Fixed term contracts which have been in existence for 3 or more years may only be renewed for a maximum of one year."

The following from Dept of Enterprise

"Where such an employee(fixed term contract) is employed by his or her employer or associated employer on two or more continuous fixed-term contracts, the aggregate duration of those contracts may not exceed 4 years."

I'd still have a solicitor look over your contract for any additives. Try the FLAC (Free Legal Advice Centre)based at your nearest Citizens Information Centre (check Golden Pages). Employment law is one of their advertised specialities.

Re: Fixed term, specified purpose contracts



The leglislation surrounding employees on fixed-term and fixed-purpose contracts is still relatively new and untested. It is not entirely known how long you can be on a contract befor e you must be given the same conditions as other employees. I have heard figures of between three and four years.

Are you a memeber of a trade union? They know quite a bit about employment law and practice.

ajapale

temp contracts

Thank you
Its a public sector position, so I'm sure they have outs

Re: temp contracts

Its a public sector position, so I'm sure they have outs

Click to expand...

Do you want to mention which part of the public sector? Some are better than others.

The Health Boards' approach to hiring people on Temporary Contracts leaves a lot to be desired.

I saw where the Fisheries Board were taken to court recently for not making temporary employees permanent despite over 15 years service.

ajapale

Re: temp contracts

Hi, The article below might be of interest. I can't get a complete copy as I am not a subscriber but it appeared in the Irish Times a few weeks ago and it relates to a number of Irish govt departments failing to apply rights on contract agents resulting from an EU directive. Perhaps you can get a copy from a subscriber if you are interested.
Cheers,
Sahara

Irish Times Article - State to pay €217,000 for flouting EU worker rules
Carol Coulter, Legal Affairs Correspondent
The State has been ordered to pay compensation to a number of temporary workers in the Civil Service, on the basis that it failed to implement an EU directive on their pay and conditions. ...
published: 07/02/2005

Fixed Term Contracts

Thanks for all your help
The fixed term contract is being offered on secondment from my current job for 5 years- my employer may be able to get over the 2003 fixed term contract act that way?