An employee is covering maternity leave on a fixed term contract and then applies for another fixed term contract and another, so 3 in total. Can they continue to apply for these?

Posted in : First Tuesday Q&A ROI on 7 January 2014
Zelda Cunningham
Arthur Cox
Issues covered:

While it is open to a fixed term employee to apply for further fixed-term positions in the Company, the employer should be aware that fixed term employees on successive contracts of employment may be entitled to contracts of indefinite duration in certain circumstances.

Under the Protection of Employment (Fixed Term Work) Act 2003, employees may not be employed on a series of fixed-term contracts indefinitely. Where an employee has been employed on two or more continuous fixed-term contracts, the total duration of those contracts may not exceed 4 years.

After this, if the employer wishes to renew the employee’s contract, the employee must be provided with an open-ended contract of

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

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Zelda Cunningham
Arthur Cox

The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email

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