The Act has two main objectives:
- to improve the quality of fixed-term work by ensuring the application of the principle of non-discrimination;
- to establish a framework to prevent abuses arising from the use of successive fixed-term employment contracts or relationships.
The Act covers all fixed-term workers who have a contract of employment directly with an employer, where the end of the contract of employment is determined by an objective condition such as:
- the arrival of a specific date;
- the completion of a specific task;
- the occurrence of a specific event.
It excludes employees in initial vocational training relationships or apprentices’ schemes, and employees with a contract of employment that has been concluded within the framework of a specific public or publicly supported training, integration or vocational retraining programme.
The Act also excludes:
- members of the Defence Forces;
- trainees within the meaning of the Garda Síochána Regulations 1988;
- nurses in training within the meaning of Parts III and IV of the Nurses Act 1985;
- temporary agency workers.
Conditions of employment include:
- conditions in respect of remuneration (such as health insurance and sick pay); and
- matters relating to any pension scheme or arrangement, including conditions for membership of the scheme, entitlement to rights and conditions related to the making of contributions to the scheme.
Contract of employment means:
- a contract of service, whether express or implied, oral or in writing, but shall not include a contract entered into under the Employment Agency Act 1971; therefore agency workers are excluded from this Act.
- any consideration, whether in cash or in kind, which the employee receives, directly or indirectly, from the employer in respect of the employment; and
- any amounts the employee will be entitled to receive on foot of any pension scheme or arrangement.
Renewal includes extension of an existing fixed-term contract.
For more detailed information to ensure compliance with the legislation, log in with your username and password.