Can the phrase, ‘subject to funding’ be included in a fixed term contract? The person has over 9 years’ service and funding has never been withdrawn, so far.Posted in : First Tuesday Q&A ROI on 9 January 2013
|In general, a ‘subject to funding’ clause can be included in a fixed-term employment contract, however an employer needs to be very careful when contemplating the subsequent renewal of such a fixed-term contract. |
Section 9 of the Protection of Employees (Fixed-Term Work) Act 2003, obliges employers to provide contracts of indefinite duration to fixed-term employees who have accrued more than four continuous years service on two or more fixed-term contracts, unless there are objective grounds to justify further renewals of the fixed-term arrangement.
In these circumstances where the employee has over 9 years’ service and where there has been a constant stream of funding to date, a
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Back to Q&A's This article is correct at 03/09/2015
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