Fixed term contract benefits

neokenzo

I have a fixed term contract with a company. I dont get any benefits but the company does pay their permanent staff flex benefits. A friend of mine said I am entitled to flex benefits or any other benefits that the permanent staff gets. The person who worked before me was a fixed term contract as well but they fired him. There's rumours that he went and sue them for this and settled out of court.
Reading on www.entemp.ie I think it does say that a fixed term employee should not be treated less favourable to a permanent employee. Does this relate to my situation?
Anyone have been in this situation?

samo

I'm sorry I have no advice on this as I'm in the same position but part time so I'd like to know the answer too,

I did have a quick look at the www.oasis.gov website and it does seem to back up your position that ayou cannot be treated less favourably but having said that in my previous job a stack of agency workers were bought in that didnt have any of the benefits that we were entitled to so obviously there are loopholes around this.

Gilgamesh

are your contracts by any chance outsourced to a 3rd party, ie. Kelly services for example, if thye are then your contract with have different arrangements in, to what you are entitled.

Look at the contract and possibly contact a solicitor for further advise

neokenzo

I'm not with any agency. I was employed directly by my employer. In my contract obviously it doesnt say I am entitled to any benefits. I think the main question here is what does "treated less favourably" means in this context. Is in financially or work wise or both?

leeroybrown

I'm not aware of the legalities but I do know that I had a fixed term contract upgraded eariler this year to include similar benefits given to permenant employees. The reason the HR representative cited while going through the paperwork for the contract enhancement was changes in legislation.

EnTEmp have a number you can ring with queries regarding working conditions, etc. I found them very good to deal with on one occasion I rang them.

neokenzo

Called entemp today and they do say that fixed term employees can not be treated "less favorably" than permanent employees. Only problem is the act doesnt specify what "less favorably" mean. Therefore its a grey area. Basically, if your employer doesnt pay flex benefits to fixed term employees, all you can do is complain to entemp and they will investigate. Thats about it. Why bring out an act that doesnt have a clear definition. Its still the same as before then.

katkin

:)Hi, Can anyone help me with this. I had a series of six fixed term contracts with a local authority over the last two and a half years with no breaks in between. Only my last two 6 month contracts stated "objective grounds for renewal of contract" info, also a guy working with me was given the exact same reason which was the return of one single person. Anyway I was notified my letter two weeks before contract was due to expire that my contract wasn't going to be renewed due to budgetary constraints and necessity to make 3 per cent cut in payroll costs. Am I entitled to claim redundancy? The reason my contract ended was not that stated on the contract but the reason stated on the letter I received. I know it wouldn't be much money, but anything would help at the moment as I am struggling. Any advice or info would be greatly appreciated. Thanks