We have a number of employees on continuous temporary contracts of employment, dating back from March 2009. They are all on the Company head count (not Agency). Their hourly rate of pay is €4 less than our permanent employees. All other terms and conditions are equal. Are we legally obliged to pay a similar rate of pay to the permanent employees, based on the terms of the Protection of Employees (Fixed Term Work) Act 2003?Posted in : First Tuesday Q&A ROI on 5 January 2011
The Protection of Employment (Fixed Term Work) Act 2003 provides that fixed term workers should receive no less favourable treatment than a comparable permanent employee in respect of their terms and conditions of employment, which includes their remuneration.
A comparable permanent employee is one who generally performs the same work, or similar work, or work of equal value. Therefore, if the fixed term workers can point to an appropriate permanent comparator they may be able to justify a claim under the 2003 Act unless the difference in rate of pay can be objectively justified. A defence of
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.
We help you to understand the ramifications of each important case from Ireland and Europe.
We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.
You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.
You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.