No New Written Contract

Annatar

Hi Y'all,
Last June I got a job...a 6 month contract (usually they are renewed etc) However, this expired in December. Since then I have been working away without a new contract 6 month or otherwise.

I always heard that if you have no written contract for over 12 months, you are considered under law to be permanent.

Is this right or wrong?

Or whats the story....?

Show_me_Safety

workers have a right to a written contract of employment which states the terms and conditions of their employment. These conditions cannot be changed without the agreement of the worker.

ask and you will recieve.

Annatar

yeah but......
Im in a tricky position. Ask and me + others could be shown the door. Keep quiet and we can... probably... work away.

My thinking was, what if after 1 year of not having a wriiten contract... no duration specified.... could I claim by law Im permanent?

Annatar

basically can an employer be ...cornered... into making a person permanent if they dont cough up a wriiten contract specifing duration etc...

If so whats the timescale on this

Show_me_Safety

i don't think they can tbh,
right now you have no contract, in reality your neither permanent or temporary...your just...there. your pay, working hours, everything can be changed without any notice or consultation to you. you can be let go tomorrow and recieve no notice.
i checked citizensinformation.ie and they didnt make any mention of timescales ect.

you cannot be shown the door for asking for a contract, it's a right of yours.

AARRRGH

Your employer should have provided you with a new contact. The law is here: http://www.irishstatutebook.ie/2003/en/act/pub/0029/index.html

Maybe useful:

Renewal of fixed-term contracts

There are two possible situations where this arises:
Employees on fixed-term contracts which commenced prior to the passing of the Act (14 July 2003):
Once such an employee completes or has completed three years’ continuous employment with their employer or associated employer (any or all of the three years’ service may have occurred prior to the passing of the Act) the employer may renew the contract for a fixed term, on one occasion only. The renewal may be for a period of no longer than one year.

Employees on a fixed-term contracts which commenced after the passing of the Act:
Where such an employee is employed by their employer (or associated employer) on two or more continuous fixed-term contracts, the aggregate (or combined) duration of those contracts may not exceed four years.

However, these rules do not apply where there are objective grounds justifying the renewal of a contract of employment for a fixed term only.

Where a renewal of a fixed-term contract does not comply with these requirements and cannot be objectively justified, the contract is treated as an open-ended contract.

The Unfair Dismissal Acts 1977–2001 contain a provision aimed at ensuring that successive temporary contracts are not used in order to avoid that legislation. Where a fixed-term or specified-purpose contract expires and the individual is re-employed within three months, the individual is deemed to have continuous service.

Therefore, even where an employer excludes the unfair dismissals legislation in the manner described above, a Rights Commissioner or the Employment Appeals Tribunal will consider whether the use of such contracts was wholly or partly to avoid the employee having the protection of the unfair dismissals legislation. If it is considered that this was the case and the contracts were not separated by more than three months and the job was at least similar, then the case can be dealt with as if there was continuous employment and the employer will be required to justify the dismissal in the normal manner.

Nightwish

As dublindude's quote points out, if you are temporary with no contract or with fixed term contracts for a period exceeding 3 years, (ie 3 years and 1 day), you are entitled to permanency.
The fact that you are in employment is a contract, but you are required to have your terms and conditions attached to the contract to be given to you in writing. Have you asked your employer for a contract renewal?

Annatar

Thanks for all the info.
Spose Ill have to wait 3 yrs... welll 2 yrs 3months, but who (cept me) is counting.

In regards to asking for a written contract. Things are not so straight forward.

Until staffing "issues" are resolved, we have been advised to keep the head down and say nothing, and hopefully managers will knock a few HR heads together and get it resolved