If a person works for a company as an agency worker and is then given a fixed-term contract with the company, is the period of service as an agency worker taken into account in determining entitlement to CID?

Posted in : First Tuesday Q&A ROI on 5 January 2016
Zelda Cunningham
Arthur Cox
Issues covered:

The Protection of Employment (Fixed Term Work) Act 2003 (the “Act") provides that fixed term employees are entitled to a contract of indefinite duration where they have been employed on two or more continuous fixed term contracts with a duration of four or more years, unless there are objective grounds justifying the failure to provide a contract of indefinite duration.

The Act applies to direct employees of an employer. An agency worker is usually an employee of an employment agency, and assigned on a temporary basis to an end-user. The employment relationship is therefore between the temporary agency worker and the employment agency, and not between the agency worker and the end user.


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Back to Q&A's This article is correct at 05/01/2016

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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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