Fixed Term Contract & Redundancy Entitlement

katkin

Hi, I have been employed on about 6 fixed term contracts with a local authority for the last 2 and a half years. Only my last two contracts gave objective reasons for renewal of the contract, and my colleague received the exact same reason despite the fact that both our contracts were dependent on the return of a single person. Anyway, 2 weeks before contract was up for renewal I received a letter informing me that my contract was not going to be renewed due to budgetary constraints and the need to reduce payroll costs by 3 per cent. Does anyone know if I am entitled to a redundancy payment, I know it wouldn't be much but I could do with the money right now. I have the letter telling me why I wasn't having my contract renewed. Any help or advice would be greatly appreciated, thanks. Katkin.

LegacyUser

Below is some info.

This is the law
http://www.irishstatutebook.ie/1967/en/act/pub/0021/sec0009.html#zza21y1967s9

Redundancy Payments Act, 1967

9.—(1) For the purposes of this Part an employee shall, subject to this Part, be taken to be dismissed by his employer if but only if—

( a ) the contract under which he is employed by the employer is terminated by the employer, whether by or without notice, or

( b ) where under the contract under which he is employed by the employer he is employed for a fixed term, that term expires without being renewed under the same or a similar contract, or

( c ) the employee terminates the contract under which he is employed by the employer without notice in circumstances (not falling within subsection (5)) such that he is entitled so to terminate it by reason of the employees conduct.


http://www.entemp.ie/employment/redundancy/guide.htm
Introduction
The Redundancy Payments Acts, 1967-2007 obliges employers by law to pay redundant employees what is known as " statutory redundancy entitlement". The amount is related to the employee's length of service and normal weekly earnings (gross weekly wage, average regular overtime and payment-in-kind, all added together, up to a maximum wage at of €600 per week regarding Notified Redundancies from 1st of January 2005 on {507.90 per week prior to that date}).
A redundancy situation arises where an employee's job ceases to exist, and the employee is not replaced for such reasons as rationalisation/reorganisation, not enough work available, the financial state of the firm, company closures etc.
Exactly who is covered?
• An employee over the age of 16
• with 104 weeks (two years) continuous service
• You must be in employment that is insurable under the Social Welfare Acts. If you are a full-time employee you must be in employment that is fully insurable for all benefits under the Social Welfare Acts; this does not apply if you are a part time employee. The Department of Social and Family Affairs decide the question of insurability in accordance with the rules and procedures provided for in the Social Welfare Acts. An employee who wishes to appeal such a decision is advised to contact the Scope Section of that Department.
http://www.employmentrights.ie/en/
The National Employment Rights Authority
If you would like to contact The National Employment Rights Authority please click here or Lo-call 1890 80 80 90

dangerousdavid

Hi

Sorry to bump this old thread...

I was wondering whether this is also applicable to fixed-term contracts where a daily rate is paid?

I have been on fixed-term Contracts ranging from 3-9 months each for just under 3 years, but as of end of March there will be no new Contract.

Thanks in advance.

Mrs OBumble

dangerousdavid wrote: »

I was wondering whether this is also applicable to fixed-term contracts where a daily rate is paid?

I have been on fixed-term Contracts ranging from 3-9 months each for just under 3 years, but as of end of March there will be no new Contract.

Are you an employee? (ie they deducte PAYE, and pay an employer PRSI contribution for you). If, so then it might apply. (It's not the same advice as I was given about the duration you have to be on rolled-over temp contracts though ... get proper legal advice if you need it.).

However ... if you're on a daily rate, I suspect you really are a contractor: ie no PAYE or PRSI, you're self-employed, the company pays when they receive an invoice from you. In that case: no redundancy applies.