The Protection of Fixed term and part-time workers has been regulated by statute for some time now, however, the laws are complex and unwieldy. We are seeing more and more of these claims, particularly in the Public Sector.
There is a place for Fixed term contracts, however, as a fixed-term worker, you are entitled to be treated in the exact same manner as your permanent colleagues. Employers cannot use fixed-term contracts to avoid an employee’s right to an indefinite or permanent contract.
Similarly, part-time workers should not be treated differently simply because of their part-time status. Read on to find out more about your rights…
Protection of Fixed-Term and Part-Time Employees
Protection of Fixed-Term Employees
The Protection of Employees (Fixed Term Work) Act 2003 was introduced on the 14th of July 2003.
The main purpose of this Act is to ensure that fixed-term workers are not treated less favourably than comparable permanent workers.
This Act defines a fixed-term employee as a person who has entered into a contract of employment with an employer where the end of the contract is determined by an objective condition, such as arriving at a specific date or completing a specific task.
The Act provides that a fixed-term employee shall not be treated in a less favourable manner in respect of his/her conditions of employment than a comparable permanent employee. For example, overtime payments and holiday entitlements.
Fixed-term employees must be aware that under this Act, an employer cannot indefinitely employ an employee on a series of fixed-term contracts.
Once a fixed-term employee completes or has completed three years of continuous employment with the employer, the employer may only renew the contract for a fixed term on one occasion. That renewal may be for a period of no longer than one year.