Page 6 - IMO Consultant Guide

The Consultant Guide

If you are taking up a new role and wish for your contract to be reviewed please contact the IMO
Member Advisory Team.
Fixed-Term / Specified Purpose Contracts
Fixed-term contracts are issued with a specified end date. Workers on fixed-term or contracts are
protected by the Protection of Employees (Fixed Term Workers) Act 2003. Employees on a fixed term
contract should not receive less-favourable treatment than permanent employees and should receive
the same benefits and working conditions as permanent employees unless differential conditions can
be justified.

In general, the non-renewal of a contract is not considered unfavourable treatment. Fixed-term
workers also have the right to receive information regarding training and promotions.

Workers on a specified purpose contract have the same protections and entitlement as those on a
fixed-term contract. If you have received the offer of a specified purpose contract, the determination
of the duration of the contract typically depends on the occurrence of a specific event or completion
of a specific task. Your employer must provide you with this reason in writing before commencing
employment.

Contract of Indefinite Duration
When an employee on a fixed-term contract completes their third year of continuous employment,
they may only be offered one more fixed-term contract, and its duration may be for no longer than
one year. Otherwise, they may be entitled to a contract of indefinite duration. Alternatively, if you
have been employed on two or more fixed-term contracts with aggregate duration being over 4 years
you may also be entitled to a contract of indefinite duration.

A contract of indefinite duration is one that comes to an end upon the giving of a notice and must be
identical in terms to the fixed-term contract from which it derived, bar the duration.

There is no automatic entitlement to a contract of in definite duration. Your employer may, on what
are called objective grounds, justify the renewal of a fixed-term contract.

Changing Contract Type
This section sets out the procedure to follow for those who wish to apply to change their contract
type. Some changes in contract type were made specifically in the context of Consultants who wished
to change their contract type for the duration of the COVID – 19 pandemic. For queries on contract
changes made during this period please contact the IMO.

Applications to change contract type may be made once in a five year period. The application
procedure requires an application form and supporting document to be submitted to management.
The Consultant must be able to demonstrate to the satisfaction of the HSE Consultant Application
Advisory Committee that the change is consistent with the public health interest and there is a
demonstratable benefit to the public health system. There is a specific application form and process
for those applying to change to a Type C contract.

If your request to change contract type is denied you may appeal the decision. The appeals are heard
by an independent appeal panel consisting of an independent chair, employer representative and
employee representative.

If your request is to change to a Type C contract, this is directed to a specific Type C Committee after
local consideration.

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