How long can an employer keep renewing a fixed contract?

M

malk33

Registered User
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My partner has been working in a factory for 1 yr and 9 months now and they keep renewing her contract every couple of months, with the hope that she might be made permanant the next time! I have already looked up the dept of employment website and it states that after 2003 if there have been more than 2 contracts, the length of these contracts must not exceed 4 years. Does this mean they can keep doing this every couple of months for 4 years? When can a worker be made permanant? It's an awful situation, you cant plan ahead for anything as you might be out of a job in 2 months.
 
The Fixed Term Work Act does provide that any employment started after 14 June 2003 can be governed by fixed term contracts for up to 4 years.

This is not ideal but generally most discussion around this act now suggests that contracts should be related to purpose more so than time.

Does your partner's contract mention a specific reason for their employment? She is entitled to this reason by law.

As to when a person can be made permanent, it is really up to the employer. As far as the Fixed Term Work Act is concerned, if your partner was to be employed on contract for longer than four years continuous service, they are entitled then to a contract of indefinite duration i.e a contract with no expiry which can often mean permanency.

Obviously she cannot be terminated by virtue of coming near the four-year mark either or, under the Act, she is entitled to an indefinite contract also.
 
I don't know the answer to the query OP but it seems to be pretty common.

The largest factory in our town has stopped making people permanent and permanent staff are eligable to health insurance, a pension scheme, share scheme and other benefits.

THey take on staff on 6 month contracts and every six months they let them go and make them reapply for their jobs. When you reapply the process is only a formality so you can be back working only days after being let go.

Seems pretty underhand to me seeing as it's a major US multi-national.
 
Thanks for your replys. I agree it seems a very underhand way of getting around an obviously inadequate regulation. Employers should not be allowed to operate in this way. It doesnt seem to matter any more if you are a loyal, hard-working employee a company will eventually let you go in favour of someone new rather than have to contribute to a pension fund or provide health cover etc. Its no wonder the "Celtic Tiger" is roaring, but at what expense?!
 
Join a union.

I worked for a long time in an industry where this was happening. After a few of the staff unionised, the attitude of managment changed and all manner of things like sick pay, contracts, etc. were introduced. Sadly, US multinationals often exploit local fears that they will up sticks and leave to foster an anti-union culture or policy in the workplace.

There is nothing to stop anyone at least enquiring about union membership. You can become a private member of most unions and have them represent you if others in your workplace are not interested.

Have a look at:

http://www.entemp.ie

for more information on the legal situation regarding fixed term contracts (edit: sorry, you already have)

and also at

http://www.siptu.ie

http://www.ictu.ie

to learn more about unions.
 
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