Temp contract

biddy21

Does anyone know if you have been on a temp contract for more than 4 yrs, do the terms and conditions stay the same if you ask for a permanent contract? Could you end up worse off if you went to look for a perm contract now?
Thanks for any replies

Biddy

tatli_lokma

As a general rule, you should not be on a temporary or fixed term contract for more than 4 years without good reason.

citizensinformation.ie wrote:

If an employee whose employment started after 14 July 2003 has been employed on 2 or more continuous fixed-term contracts, the total duration of those contracts may not exceed 4 years. After this, if the employer wishes to renew the employee’s contract, it must be an open-ended contract unless there are objective grounds justifying the renewal of the contract for a fixed term only.

So unless there is a very valid reason why after 4 years you have not been offered a contract of indefinite duration (i.e. a permanent contract) then there is a breach of regulations on the part of your employer. A valid reason would be something like you being hired only to work while X contract is in place, or Y project is in progress and once the contract or project is ended you will not be needed.

Fixed term contracts cannot be used as a tool to avoid permanently hiring someone or to circumvent the Unfair Dismissals Act. The LRC looks very unfavourably at employers who do this.

So, you are within your rights to look for a permanent contract.

Having said that, a new contract is a new contract. And as such, is open to negotiation. Some companies give fixed term employees extra leave or slightly higer salary to compensate for the fixed term nature of the work. Whether you end up "worse off" only you can determine - which is more valuable to you? slightly higher pay or more leave, or a more secure job. There may indeed be some sort of pay off. If you feel you are being short changed by your new contract you are always free to try to negotiate the terms.

biddy21

Thanks for the info, Ted