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
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 basis are agreed between an employee and employer and are confirmed in writing. If an employee is
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Back to Q&A's This article is correct at 02/09/2015
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