How long can a full time employee be in a temporary position before they have rights to that said position? For example if they were working in a temporary position (secondment) with an increased salary, how long would it be before they could, or could they, claim to have “rights” to that position?

Posted in : First Tuesday Q&A ROI on 4 May 2013
Elaine Mettler
Arthur Cox

For the purposes of responding to this question, we have assumed that the relevant worker is not an agency worker on placement in the Company and is an “employee”, as opposed to a consultant, independent contractor or service provider.

In the context of a secondment or temporary “acting up” arrangement, there is no length of time in law which triggers legal rights to that position, save in respect of fixed-term employees (see below).

In respect of contractual rights, it is preferable that any changes to terms and conditions of employment (such as pay, job title/function) even on a temporary

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Back to Q&A's This article is correct at 02/09/2015
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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.

Elaine Mettler
Arthur Cox

The main content of this article was provided by Elaine Mettler. Contact telephone number is +353 1 618 0000 or email elaine.mettler@arthurcox.com

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