Help understanding Employment Rights - Continuous Fixed Term Contract

strudle

I have been on fixed term contracts for over 4 years now. I know employments rights say that if you have more than 2 fixed term contracts over 4 years you should be given contract of indefinite duration.

This is where I am confused. They say it has to be continuous employment - which mine is. However I have had 4 fixed term contracts in 3 different centern under the same organisation umberella. Is this still seen as countinuous employment - or under the fixed term protection does it have to be over 4 years continuous employment in the SAME job. or same organisation?

Thanks in advance

strudle

strudle wrote: »

I have been on fixed term contracts for over 4 years now. I know employments rights say that if you have more than 2 fixed term contracts over 4 years you should be given contract of indefinite duration.

This is where I am confused. They say it has to be continuous employment - which mine is. However I have had 4 fixed term contracts in 3 different centern under the same organisation umberella. Is this still seen as countinuous employment - or under the fixed term protection does it have to be over 4 years continuous employment in the SAME job. or same organisation?

Thanks in advance

Organisation umbrella?

Have you been employed by the same legal entity?

petersburg2002

Have been plenty of cases of doctors being employed by the HSE in different jobs and hospitals who have been awarded permanent positions. Also lecturers in colleges doing different jobs and being awarded CIDs. Important thing is that the service is continuous (no major gaps) and that it is the same employer.

strudle

Thank you for replies.
yes been employed by same organisation and been doing different jobs with them under fixed term contracts.
over 4 years service - same organisation - 4 fixed term contracts.

petersburg2002

strudle wrote: »

Thank you for replies.
yes been employed by same organisation and been doing different jobs with them under fixed term contracts.
over 4 years service - same organisation - 4 fixed term contracts.

Lots of loopholes in that particular act though. I would read through some of the previous cases on the Labour Court website before rushing into anything.

strudle

strudle wrote: »

Thank you for replies.
yes been employed by same organisation and been doing different jobs with them under fixed term contracts.
over 4 years service - same organisation - 4 fixed term contracts.

The legislation does not mention workplace location or job role, so there is no requirement for you to be employed in the same location or doing the same job. However, an employer can continue to give you fixed term contracts rather than a contract of indefinite duration if they have objective reasons for doing so, and if they tell you what those reasons are.

So, if you've been working for the same organisation on multiple contracts continuously for more than four years, and if they haven't given you specified reasons why they keep renewing your fixed term contract instead of giving you a contract of indefinite duration, you should consider talking to someone who might be able to help you.

strudle

Is waiting on funding an objective reason?

Each renewal of contract is always pending funding and I never find out until the very last minute.

petersburg2002

strudle wrote: »

Is waiting on funding an objective reason?

Each renewal of contract is always pending funding and I never find out until the very last minute.

Universities use this excuse. But it is generally not accepted.

strudle

strudle wrote: »

Is waiting on funding an objective reason?

Each renewal of contract is always pending funding and I never find out until the very last minute.

You should ask your union or legal representative. I've heard of cases where "funding" has not been accepted as a valid objective reason, but I can't think of a specific example off the top of my head right now.

strudle

Thanks for your advice.

If anyone else can offer their personal opinions to this i would be very grateful.