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New rules on CIDs?

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Comments

  • Registered Users, Registered Users 2 Posts: 15,388 ✭✭✭✭rainbowtrout


    Janey B wrote: »
    I started year 1 of an RPT contract last September. I understand with the new circular that the hours have to be advertised and interviews arranged etc. and am fine with that. However, today I received a letter stating that due to the new circular my contract will expire at the end of the school year on May 29th!! This was news to me, no pay during the summer!!! I checked my contract and the termination date states August 31st. Does this new circular 24/2015 now mean that all teachers who started RPT contracts last September now won't get paid during the summer, contrary to what is stated in the their employment contract??? Surely this can not be. I have had contracts in schools before this and have always been paid during the summer. Do people realise the new circular will affect them in this way? I was so upset to learn I won't be getting paid this summer. Unbelievable!



    I wasn't aware of that. Just looked at the circular.
    (6) Termination of First Fixed-Term Contracts
    All first fixed-term contracts must be terminated at the end of the school year and if the
    employment is continuing for the following year, it must be automatically re-advertised by the
    employer and a new recruitment process undertaken for the filling of the post for the second
    year. Therefore, the employer must terminate the contract and cannot provide a new fixed term
    contract to any teacher unless it advertises and interviews first.

    I understand the contract termination, but I don't understand why a teacher can't be paid for the summer holidays in the first year.


  • Closed Accounts Posts: 6,751 ✭✭✭mirrorwall14


    I wasn't aware of that. Just looked at the circular.



    I understand the contract termination, but I don't understand why a teacher can't be paid for the summer holidays in the first year.

    Ya the wording definitely suggests all first time contracts are to be terminated at the end of the school year but man that is hard on part timers. A huge saving to the dept though if true and legal. Surely someone will challenge that ?


    I'd get onto the union tbh!


  • Registered Users, Registered Users 2 Posts: 15,388 ✭✭✭✭rainbowtrout


    Ya the wording definitely suggests all first time contracts are to be terminated at the end of the school year but man that is hard on part timers. A huge saving to the dept though if true and legal. Surely someone will challenge that ?


    I'd get onto the union tbh!

    Particularly if the contract was issued to run to 31st August, like the example above. It should be honoured, even if the OP does have to re-interview.


  • Registered Users Posts: 14 Janey B


    My difficulty is I don't want to ruffle any feathers before re-interviewing!! But, it is a lot of money not to be getting especially without much notice!


  • Closed Accounts Posts: 6,751 ✭✭✭mirrorwall14


    Particularly if the contract was issued to run to 31st August, like the example above. It should be honoured, even if the OP does have to re-interview.

    I agree. However in the case like I originally posted there's four jobs rolling into one in our school this summer for example. They should all have their contracts honoured for the summer and the new larger one kick in at the end of August like always


  • Registered Users, Registered Users 2 Posts: 286 ✭✭awny


    Was the letter sent by the Department or an ETB?


  • Registered Users, Registered Users 2 Posts: 1,451 ✭✭✭wolfyboy555


    Does anyone have any experience of not getting their contracts by this stage of the year? It happens every year with our ETB but usually we get them just after Easter. I think the Ward report has meant they are getting their ducks in a row before they give our contracts but aren't we supposed to have had our contracts last November?


  • Registered Users, Registered Users 2 Posts: 356 ✭✭Bobsammy


    I've just double checked the letter I got from my ETB and it says something along the lines of in accordance will circular number whatever . . . the contract will be terminated on August 31st and advised me of the closing date for applications.


  • Closed Accounts Posts: 6,751 ✭✭✭mirrorwall14


    Does anyone have any experience of not getting their contracts by this stage of the year? It happens every year with our ETB but usually we get them just after Easter. I think the Ward report has meant they are getting their ducks in a row before they give our contracts but aren't we supposed to have had our contracts last November?

    Our ETB didn't issue contracts until we were back at school last year!


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  • Registered Users Posts: 40 inatissy


    As far as I remember, legally its 8% that everyone is entitled to for summer pay. Had an issue once with a summer job and they're weren't paying it to me, but they had to in the end.


  • Registered Users, Registered Users 2 Posts: 3,937 ✭✭✭implausible


    powera24 wrote: »
    Her story is that she is working 4 continuous years for the ETB (few more years previously in VEC). the last 3 years in the ETB have been in the same school on a contract covering secondment(the teacher went to do home school liaison). Each year she has received a new contract stating she was covering seconment - all 3 contracts were the same except the amount of hours she was contracted for.

    So when the recent circular 0024/15 came about she applied for her CID thinking she would get it no problem but was told this week that she was refused because the positon of home school liaison was not a secondment position.

    To me it seems very unfair that the ETB will not honor the fact that she was given a contract thats states she is covering secondment - but are now saying - actually its not a secondment position. She is considering going legal and i'm looking to see if there is any stand out reasons why the CTB is right in this situation.

    She might have grounds there. Technically, the ETB are right, HSCL is still an objective ground and not covered by the new circular. However, the ETB have made a boo boo (in my opinion) by putting 'secondment' on the contract. Does she know anyone else in the same boat who would tell her the wording on his/her contract? If she does and the other person has HSCL on the contract, she might have a case or if the other person has 'secondment' on it, then the ETB may still have to honour the CID as they used the wrong term for the objective. The new rules specify that objective grounds now have to be quite specific, so ETBs can't play silly beggars with language.

    It's a technicality, but one that may get her her CID.


  • Registered Users, Registered Users 2 Posts: 1,018 ✭✭✭man_no_plan


    I'd say she should get over whatever happened with the union before and let them pursue it. they know this inside out and are very adept at sorting it out.

    A solicitor will know little of the nuances of the education sector and will be given the run around by the employer. The union will kget their facts, know who to ring and get the job done.

    My advice, swallow your pride, get your contract.


  • Registered Users, Registered Users 2 Posts: 1,685 ✭✭✭smallgarden


    I think the school is misinterpreting the date for the end of the school year. The school year runs from September 1st till 31st August and your contract must terminate then. Get on to post primary payroll and they should be able to clarify this. Ask them for any info in writing, i.e a letter or email and pass it on to your school. Go to union if have no luck with them


  • Registered Users Posts: 14 Janey B


    Thanks Smallgsarden, will do that and update once I do


  • Registered Users, Registered Users 2 Posts: 967 ✭✭✭highly1111


    Janey B wrote: »
    Thanks Smallgsarden, will do that and update once I do

    Good luck Janey B. That sounds bloody awful.


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  • Registered Users, Registered Users 2 Posts: 1,451 ✭✭✭wolfyboy555


    Where do these new rules leave teachers who are in their 3rd year teaching at the minute? Do they still wait and get a CID next year or should they be due on this year with the new rules?


  • Registered Users, Registered Users 2 Posts: 1,018 ✭✭✭man_no_plan


    Where do these new rules leave teachers who are in their 3rd year teaching at the minute? Do they still wait and get a CID next year or should they be due on this year with the new rules?

    Is it with the same employer?


  • Registered Users, Registered Users 2 Posts: 1,451 ✭✭✭wolfyboy555


    Is it with the same employer?

    Yeah in my 3rd year with same ETB!


  • Registered Users, Registered Users 2 Posts: 1,018 ✭✭✭man_no_plan


    Yeah in my 3rd year with same ETB!

    Then under the HRA you should get a CID based on your hours this year, unless there is an objective ground.

    What did your principal say?


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