Page 37 - Workplace Relations Guide to Employment Law

Workplace Relations Commission -
Guide to Employment, Labour and Equality Law

6 Fixed-Term Workers

General such an employee completed his or her
third year of continuous employment
The Protection of Employees (Fixed-Term with his or her employer or associated
Work) Act 2003 provides that employer, then his or her fixed-term
contract could only be renewed by that
(i) A fixed-term employee (as defined employer on a fixed-term basis on one
below) cannot be treated in a further occasion and for a term of no
less favourable manner than a longer than one year, after which, if
comparable permanent employee in the contract was renewed again, it was
relation to conditions of employment. deemed to be a contract of indefinite
(ii) All employee protection legislation, duration, unless the employer had
other than unfair dismissal in certain objective grounds for renewing the
circumstances, applies to a fixed- contract again on a fixed-term basis.
term employee in the same manner
as it already applies to a permanent The Act also provides that
employee. Any qualifying conditions
applying to permanent employees in (i) A fixed-term employee may be treated
any of that legislation, also apply to a in a less favourable manner than a
fixed-term employee, comparable permanent employee where
such treatment can be justified on
(iii) In the case of a fixed-term employee objective grounds (see definition below).
recruited after the enactment of the
Act, where he or she is employed by his (ii) A fixed-term employee may be treated
or her employer or associated employer less favourably than a comparable
on two or more continuous fixed-term permanent employee in relation to
contracts, the aggregate duration of any pension scheme or arrangement
such contracts shall not exceed four when his/her normal hours of work
years, after which, if the contract is constitute less than 20 per cent of
renewed again, it is deemed to be a the normal hours of work of the
contract of indefinite duration, unless comparable permanent employee.
the employer has objective grounds for This provision does not prevent an
renewing the contract again on a fixed- employer and a fixed-term employee
term basis. In the case of a fixed-term from entering into an agreement
employee recruited before the passing whereby that employee may receive
of the Act, the Act provided that where the same pension benefits as a
comparable permanent employee.

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