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Difference between a contractor and an employee

  • 26-04-2010 1:26pm
    #1
    Closed Accounts Posts: 2


    Hi, I just have a question regarding redundancy and these two terms. Now, I've been in employment for nearly two years at this stage and was taken on as a contractor in my current job (along with 6 other people). Now the project doesn't have a set end date but it will end at some time (but we're unsure as to when). Pay PRSI etc. We're given the same amount of holiday days as other people in the office. We work the same hours as other employees in the office. I'm wondering if we're entitled to redundancy at the end of our employment?


Comments

  • Registered Users, Registered Users 2 Posts: 264 ✭✭eejoynt


    You need two years service for redundancy


  • Closed Accounts Posts: 2 jodyp


    Yeah I know, but I'm coming up to those two years now.


  • Registered Users, Registered Users 2 Posts: 264 ✭✭eejoynt


    the definitions are kinda complex- however just because an employer asserts you are a contractor doesn't mean it is so
    have a look at the attached link

    http://www.unionconnect.ie/rights/6/


  • Registered Users, Registered Users 2 Posts: 26,289 ✭✭✭✭Mrs OBumble


    jodyp wrote: »
    Pay PRSI etc.

    This is the key bit: it means that you're not a contractor, you're an employee on a fixed term contract (aka a temp).

    Worst of both worlds, IMHO: none of the benefits of being a permie, none of the tax-breakds etc of being a real contractor.

    The two years is probably irrelevant for you. If you contract is renewed over and over again, then there is a period (I think it's 4 years, could be wrong) after which you are deemed to have a "contract of indefinite duration". The only possible exception is if you don't have an end-date on your contract, in which case I'm not sure what the law is (but I doubt that the company has done this).

    Google fixed-term, contract of indefinite duration, nera ... and see what you can find.


  • Registered Users, Registered Users 2 Posts: 631 ✭✭✭jimmyendless


    So are you saying that people on fixed term contracts are not entitled to redundancy? I am nearly 3 years on fixed term contracts of varing lenghts and the job is finishing up now, don't know if I qualify for redundancy.


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