unusual situation - new contract provider, no review

fl4pj4ck

hi

last september I have signed a contract with an agency, I am working for a big IT company. I am working from home, I have seen my collegues faces once last year on a business trip I made abroad.

now the company has decided that they want to change the agency, so they informed me that I am to sign another contract soon. In the email they sent me threy indicated a dates for a second contract, which will be for 6 months (first one is for 1 year).

now, from what I was told earlier (before signing the contract) after the 1yr contract work I would be considered to work straight for the company.

my questions are: how to politely ask them why/if they changed they mind and another one is - is my contract is going to be reviewed in a matter of my salary

I like the job, like the people (well, the emails, weekly meetings and all that stuff) and really would like to work for them, but I am nearly 30 now and really looking for a permanent contract

can you please help me with dealing with that case?

dade

i could be wrong on this but if you are a self employed contractor ie this company does not deduct taxes from your salary and you have to file your own tax return at the end of the year then the 1 year bit does not apply to you. I know i was sent by an agency a long time ago to work for a company and that was the situation, they paid me a daily rate and i was responsible for my own tax affairs etc. is this the same with yourself?

however, if the company make tax deductions, pay prsi for you etc then i think you are considered a paye worker and not self employed so the 1 year thing should apply to you.

course i could be misremembering the situation coz it was 5 years ago and the rules may have changed.

fl4pj4ck

dade wrote: »

i could be wrong on this but if you are a self employed contractor ie this company does not deduct taxes from your salary and you have to file your own tax return at the end of the year then the 1 year bit does not apply to you. I know i was sent by an agency a long time ago to work for a company and that was the situation, they paid me a daily rate and i was responsible for my own tax affairs etc. is this the same with yourself?

however, if the company make tax deductions, pay prsi for you etc then i think you are considered a paye worker and not self employed so the 1 year thing should apply to you.

course i could be misremembering the situation coz it was 5 years ago and the rules may have changed.

they do all the taxes and stuff, i am on a contract, but on PAYE

dade

fl4pj4ck wrote: »

they do all the taxes and stuff, i am on a contract, but on PAYE

then i would assume that the 12 month thing would apply (if that is the law, can't remember to be honest). why not have a chat to dept of enterprise trade and employment www.entemp.ie). alternatively what about calling the agency that originally placed you there and see what the situation is.


EDIT:

NERA wrote:

Fixed Term Workers

Employees cannot remain on a series of fixed-term contract indefinitely. If an employee whose employment commenced prior to the 14 July 2003 accrues three years or continuous service as a fixed term employee, when that employee’s contract comes up for renewal on or after the 14 July 2003, the employee can only be offered one further fixed-term contract. This renewal on a further fixed-term basis cannot be for more than one year. After this, if the employer wishes the employee to continue, it must be with a contract of indefinite duration.

If an employee who commenced employment on a fixed-term basis on or after 14 July 2003 has had two or more fixed term contracts, the combined duration of the contracts shall not exceed four years. After this, if the employer wishes the employee to continue, it must be with a contract of indefinite duration.

taken from here

seems you can have contracts up to 4 years. i was under the impression there was a 12 month limit on them so i could be quoting the wrong info.