Introduction

A fixed-term employee is employed under a contract which contains a specific start and end date, or who is employed to carry out a specific task or project, or the continuity of whose contract is contingent on a particular event such as the availability of continued funding from an external source.

Employees cannot remain on a series of fixed-term contracts indefinitely.

If an employee who commenced employment on a fixed-term basis on or after 14th July 2003 has had two or more fixed term contracts, the combined duration of the contracts shall not exceed four years. After this, if the employer wishes the employee to continue, it must be with a contract of indefinite duration.

An employer must inform a fixed-term worker of any vacancies which become available to ensure that he/she has the same opportunity to secure a permanent position as other employee.

An employer cannot penalise a fixed-term employee –

(a) for invoking any right of the employee to be treated, in respect of the employee’s conditions of employment, in the manner provided for by this Part,
(b) for having in good faith opposed by lawful means an act which is unlawful under this Act,
(c) for giving evidence in any proceeding under this Act or for giving notice of his or her intention to do so, or
(d) by dismissing the employee from his or her employment if the dismissal is wholly or partly for or connected with the purpose of the avoidance of a fixed-term contract being deemed to be a contract of indefinite duration.

Further information

For further information please email Barry Crushell of Aperture Partners Advisory at bcrushell@aperturepartners.ie or call 01-9053503.

Please note that the material contained herein is for general information purposes only and does not constitute legal or other professional advice. Reference accurate at time of publication but subject to change.