Fixed term contract expired and no new contract issued

[laobhise]

Just wondering what peoples thoughts are on what happens when a fixed term 2 year contract date expires and it is not discussed by employers with employee. Instead you are given your workplan for the coming year!!

Does your employer have to give you an infinite contract? And what happens if you are not given any contract? Think I remember hearing something about an employee has to be given an infinite contract after being with an employer for 4-5 years. Do you have the same employment rights if your contract is not in date anymore??
The person in question is a bit anxious to raise the issue with their employer-any advice appreciated!!

 

[Sesed]

An employer has to give you a contract of indefinate duration after 4 years.
If an employee whose employment started after 14 July 2003 has been employed on 2 or more continuous fixed-term contracts, the total duration of those contracts may not exceed 4 years. After this, if the employer wishes to renew the employee’s contract, it must be an open-ended contract unless there are objective grounds justifying the renewal of the contract for a fixed term only.

Objective grounds can be quite broad though, I know the public sector unions have been dealing with this and secured CID contracts for fixed term employees who were to be let go.

With regards to the contract terms, the same terms and conditions of the old contract should apply ifshe continues to work there. They should issue a new contract, but I presume they could change the terms and conditions of this one if they want to.

 

[huskerdu]

Sesed has given a very good reply about the rights of workers on fixed termcontracts.

In the case of your friend, it sounds like possibly the boss in question has forgotten that the persons contract was for 2 years and has now run out. I dont know how big an organisation is it, could the line manager involved be not aware that the person is not a full time employee. Is the organisation big enough to have a HR department ?

Once your friend gets paid to show up for work, my understanding is that a lot of the basic rights of employment apply.

If the situation was not clarified, I do not know if he/she would qualify for a redundancy payment, if laid off.

Either way,it is best to say something, and get the situation sorted.

If the line manager is unaware of the situation, but wants the employee to stay, they could be influential in getting the contract renewed.