Weird Fixed-Term Contract question

The One Doctor

Hi all,

I am currently working on a fixed term 8 month contract for an agency on behalf of an IT company, and am about halfway through it. That is, I thought it was a fixed term contract. I had a look at my contract and nowhere in the contract is a end date or contract term mentioned. All it says is that I have a 6 month probationary period and otherwise it looks like a standard permanent contract. I've had a look around, and under the Terms of Employment (Information) Act, 1994 section 3 para 1 (f) it says:

"in the case of a temporary contract of employment, the expected duration thereof or, if the contract of employment is for a fixed term, the date on which the contract expires"

I've gone through my contract five times now and there's nothing like this in it. My interpretation of this is that after the term is up and assuming my contract has not been renewed I will still be an employee of my agency.

Any thoughts?

davo10

The One Doctor wrote: »

Hi all,

I am currently working on a fixed term 8 month contract for an agency on behalf of an IT company, and am about halfway through it. That is, I thought it was a fixed term contract. I had a look at my contract and nowhere in the contract is a end date or contract term mentioned. All it says is that I have a 6 month probationary period and otherwise it looks like a standard permanent contract. I've had a look around, and under the Terms of Employment (Information) Act, 1994 section 3 para 1 (f) it says:

"in the case of a temporary contract of employment, the expected duration thereof or, if the contract of employment is for a fixed term, the date on which the contract expires"

I've gone through my contract five times now and there's nothing like this in it. My interpretation of this is that after the term is up and assuming my contract has not been renewed I will still be an employee of my agency.

Any thoughts?

Fixed term contracts can also be for the duration of a particular task rather than a specific time frame.

The One Doctor

davo10 wrote: »

Fixed term contracts can also be for the duration of a particular task rather than a specific time frame.

There's no particular task, I'm not actually working in a IT capacity. The job is ongoing, and anyway if it was a fixed task, surely that should be mentioned in the contract?

Edit:

Yep,

"An employer must provide a fixed-term employee with a written statement as soon as possible, outlining what will trigger an end to the contract. That is, whether the contract will end on a specific date, following completion of a specific task or a specific event. In addition, where an employer intends to renew a fixed-term contract, a written statement must be supplied to the fixed-term employee not later than the date of renewal, setting out the objective grounds justifying the renewal and the failure to offer an open-ended contract."

So I haven't received "a written statement... outlining what will trigger an end to the contract".

davo10

The One Doctor wrote: »

There's no particular task, I'm not actually working in a IT capacity. The job is ongoing, and anyway if it was a fixed task, surely that should be mentioned in the contract?

The company can still let you go after 8 months and you will not be able to bring a case of unfair dismissal as you have less than 1 year service. Also as an agency worker the company may not have employed you directly.

Just check with your agency and/or the HR department of the company for clarification.

The One Doctor

davo10 wrote: »

The company can still let you go after 8 months and you will not be able to bring a case of unfair dismissal as you have less than 1 year service. Also as an agency worker the company may not have employed you directly.

Just check with your agency and/or the HR department of the company for clarification.

Thanks.