In a situation where an employer has failed to act after the expiry of a fixed term contract and the employee continues to work, will the employee automatically have a contract of fixed duration?
Posted in : First Tuesday Q&A ROI on 2 February 2016
Zelda Cunningham
Arthur Cox
We understand from the question that the employee in question has only been employed on one fixed term contract.
In the circumstances, it is the principles of common law rather than the Protection of Employees (Fixed-Term Work) Act, 2003 that apply in circumstances where a fixed-term contract has expired and the employee continues to work.
In the absence of agreeing another contract of employment with the employer, the employee is deemed to be an employee of indefinite duration under the same terms and conditions of employment which existed under his expired contract, with the exception of provisions relating to the employee’s fixed-term status.
If the employee has accrued one year’s
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Back to Q&A's This article is correct at 02/02/2016
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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 zelda.cunningham@arthurcox.com
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