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Temporary for 4 years..permanent ?

  • 11-11-2016 9:31am
    #1
    Zipppy
    Registered Users, Registered Users 2 Posts: 2,055 ✭✭✭


    Not me .. but a general query..

    If someone, in the public service, is on a 2 year temp contract and then gets a 2 year extension..so 4 years Temp total...are they now essentially permanent?
    Contract of Indefinite duration has been mentioned?


Comments

  • #2
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    Zipppy wrote: »
    Not me .. but a general query..

    If someone, in the public service, is on a 2 year temp contract and then gets a 2 year extension..so 4 years Temp total...are they now essentially permanent?
    Contract of Indefinite duration has been mentioned?

    Please find attached a little passage I put together some time ago- on this. The case I used- only refers to a 1 year contract- being renewed for one year- and then terminated.

    The law, as it stands- states that for an employee whose first contract commenced, on or after the 15th July 2003, the employee may be employed on 2 or more continuous fixed term contracts- the total duration of which may not exceed 4 years in total. If, after 4 years has passed, the employer wishes to extend or renew the employee's fixed term contract for a further period- the employee is then entitled to an open-ended contract (i.e. permanent status) unless there are specific and objective grounds justifying the further renewal or extension of the fixed term contract for a fixed term only.

    I.e. you are not necessarily a permanent employee after 2 two year fixed term contracts- if the employer provides objective grounds for only giving you another fixed term contract- however, the grounds have to sufficiently objective, that if it is appealed to the EAT, it will stand.

    Case attached relates to a lady in the public sector who was given 2 one year fixed term contracts- whose employment was then terminated- however, the reason for termination of the second fixed term contract was determined to have been done purely to comply with the act, and not because of any change in the employment (such as a body of work being completed, or permanent staff recruited through open competition), that justified the temporary position being terminated.


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