Temporary employees (status)

S

smcgiff

Guest
Hopefully someone can clarify an issue with temporary employees.

If an employee was taken on for a temporary contract (term of contract was not specified), and the contract was not revisited or amended, would this employee become a permanent employee after a length of time, something like 11 months?
I know a temporary employee can have their temporary contract renewed up to approx 4 years, but what if the initial contract was not changed. It must be wrong to have a non-specified temporary contract.
Obviously the above is not ideal and needs to be fixed – appreciate the help.
 
There is no concept in Irish employment law of a temporary contract as such.

If somone is taken on for a permanent job , the employer can terminate them within 12 months, without having to explain why.

If someone is taken on for a "temporary job" but stays beyond the 12 months, they are protected by the Unfair Dismissals Act, and the employer must justify their dismissal.

A fixed term contract is different, but that is not at issue in your case.

Brendan
 
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