If there are any specific topics you would like covered in this publication, please forward your suggestions to Adare Human Resources Management:
- Employment Case Law – each month we review a number of interesting employment law cases and consider their implications for organisations. This month we look at Key Considerations for Annual Leave & Public Holidays. Read more >>>
- Workplace Relations Commission (WRC) Decisions – each month we look at and review the decisions from the WRC. This provides a valuable insight into the types of discrimination cases before the WRC and the decisions that are issued. Read more >>>
- What to Keep an Eye Out For – what is new, changing, potentially changing or what you may have missed. Read more >>>
Fixed Term Contracts
A fixed term contract is a contract which is put in place for a temporary period and has a definite duration or purpose. Fixed-term contracts may only be used for a specific period of time, otherwise the Employee may become entitled to a contract of indefinite duration. The entitlement is dependent upon the date of commencement of employment.
- Employees who commenced on or after 14th July 2003, the Employer is only permitted to employ that person for a period of four years on two or more successive fixed-term contracts. Following four years of fixed-term employment, the Employee may seek to be made permanent, unless there are objective grounds justifying a further renewal of the contract and not offering a permanent post at that time.
- A fixed-term contract must specify the objective condition which brings the contract to a natural end. This may be a specified date, the completion of a specific task, or the occurrence of a specific event. Once this objective condition is satisfied, the natural expiry of the contract occurs.
- If an Organisation wishes to renew a fixed term contract, they must have objective grounds justifying the renewal and failure to offer a contract of indefinite duration at that time. The Act provides that where an Employer proposes to renew a fixed-term contract the Employee shall be informed in writing, not later than the date of renewal, of the objective grounds justifying the renewal of the fixed term contract and the failure to offer a contract of indefinite duration at that time. It further provides that the contracts given are admissible as evidence in any proceedings under the Act.
However, the above-mentioned rules do not apply where there are objective grounds justifying the renewal of a contract of employment for a fixed term only.