Page 40 - Workplace Relations Guide to Employment Law

Employees on fixed-term her in relation to relevant vacancies which
contracts occur in the undertaking. This information
may be provided by means of a general
announcement at a suitable place in the
Once a fixed-term contract employee employee’s place of employment. However,
completes or has completed 3 years as regards access by a fixed-term employee
continuous employment with his or her to appropriate training opportunities, the Act
employer or associated employer, the provides that such access shall be provided
employer may renew the contract for a fixed by an employer as far as practicable.
term on one further occasion only and that
renewal may be for a period of no longer
than 1 year.
Information about fixed-term
Where such an employee is employed by his working
or her employer or associated employer on 2
or more continuous fixed-term contracts, the The Act provides that employers shall,
aggregate duration of those contracts may as far as practicable consider informing
not exceed 4 years. employees’ representatives about fixed-
term work in the undertaking.
Where a term of an employment contract
purports to limit the term of the employment
contract of either category of employee Complaints
mentioned above, in contravention of the
above rules, that term shall be void and of The 2003 Act provides a right of complaint
no effect and the contract concerned shall be to the Workplace Relations Commission
deemed to be one of indefinite duration – i.e. (WRC) where an employee believes that a
a permanent contract. contravention of the Protection of Employees
(Fixed-Time Work) Act 2003 has occurred.
The above-mentioned rules do not apply The relevant complaint form is available on
where there are objective grounds justifying www.workplacerelations.ie or by contacting
the renewal of a contract of employment for the Commission’s Information and Customer
a fixed term only. Services on 1890 80 80 90. There is a right
of appeal by either party to the Labour Court
The First Schedule to the Minimum Notice from a decision of a WRC Adjudication Officer.
and Terms of Employment Act 1973 -relating
to continuous employment - determines
whether employment on fixed-term Additional Information
contracts is continuous or not.
See the Explanatory Booklet on the
Vacancies and training Protection of Employees (Fixed-Term Work)
Act 2003, a copy of which is available
opportunities on request, or downloadable from
www.workplacerelations.ie.
The 2003 Act provides that in order for a fixed-
term employee to have the same opportunity
as other employees to secure a permanent
position, an employer shall inform him or

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