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Fixed Term Contract Expired but still working

  • 06-11-2017 7:52pm
    #1
    SATSUMA
    Registered Users, Registered Users 2 Posts: 706 ✭✭✭


    An employee has been employed for three years on three successive yearly fixed term contracts...

    The contract expired 31 October and no new contract was provided but the employee keeps working as normal.... so, there is no contract of employment.

    What rights does the employee have now there is no contract in place?

    (assume the employer does not want to provide a permanent contract and recently employed a new member of staff for the same role and another 6 months prior to that).

    I can find information on fixed term contracts i just cant determine what type of contract exists beyond the expirary of it.

    Any ideas folks?


Comments

  • #2
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    SATSUMA wrote: »
    An employee has been employed for three years on three successive yearly fixed term contracts...

    The contract expired 31 October and no new contract was provided but the employee keeps working as normal.... so, there is no contract of employment.

    What rights does the employee have now there is no contract in place?

    (assume the employer does not want to provide a permanent contract and recently employed a new member of staff for the same role and another 6 months prior to that).

    I can find information on fixed term contracts i just cant determine what type of contract exists beyond the expirary of it.

    Any ideas folks?

    You're not entitled to a permanent contract. Until you've four years continuous service

    Talk to your manager about a new contract


  • #3
    SATSUMA
    Registered Users, Registered Users 2 Posts: 706 ✭✭✭SATSUMA


    Stheno wrote: »
    You're not entitled to a permanent contract. Until you've four years continuous service

    Talk to your manager about a new contract

    Im asking what rights exist for the employee now they have no contract in place?


  • #4
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    SATSUMA wrote: »
    Im asking what rights exist for the employee now they have no contract in place?

    It tends to be seen as per the previous contract


  • #5
    LucBetton
    Registered Users, Registered Users 2 Posts: 77 ✭✭LucBetton


    Stheno wrote: »
    It tends to be seen as per the previous contract

    That's not right at all. The Fixed-Term Act places an onus upon employers to inform an employee if the fixed term contract is being renewed. If it is, they have to give an objective justification for why a CID isn't being offered.
    If an employer doesn't renew the contract and the employee just comes into work the next day, he becomes a permanent employee. So to answer the OP, as of November 1 you have a CID and are a permanent employee


  • #6
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    LucBetton wrote: »
    That's not right at all. The Fixed-Term Act places an onus upon employers to inform an employee if the fixed term contract is being renewed. If it is, they have to give an objective justification for why a CID isn't being offered.
    If an employer doesn't renew the contract and the employee just comes into work the next day, he becomes a permanent employee. So to answer the OP, as of November 1 you have a CID and are a permanent employee

    Not in my experience tbh. You've to be there four years to get a cid

    http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/contracts_of_employment/fixed_term_or_specified_purpose_contracts.html


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