Employment Legislation vs Public Sector Recruitment Moratorium

LegacyUser

Hi all,

Just wondering if anyone has any insight to this one...

I've been working for a public sector organisation for the last 4 years. My contract recently expired, but they've kept me on in the same role/conditions/salary, as the need for my job function is still there (and if anything, increasing).

However, they are saying that they cannot issue a CID (Contract of Indefinite Duration) - which my research on the NERA site etc tells me I'm entitled to at this point having been employed continuously by them for the last 4 years - because of the current recruitment freeze instigated by the government.

This then leaves me in a position where I could be let go at any time and have no idea where I stand.

So, am I entitled to "demand" (nicely of course!) my CID, or could it be argued that in fact I already have one as I'm now working into my 5th year with them?

Does anyone know if this cirrent recruitment embargo overrules the relevant legislation for this area, or has anyone (successfully or not) challenged it?

Thanks for any advice...

gerrycollins

your right kinda but I have a different take on the issue.

you are right that after 4 years continous service on contract you are entitled to a CID. However on the NERA link it refers to the Minimum Notice and Terms of Employment Act for defination of continous employment.

However in the Minimum Notice and Terms of Employment Act clearly states its definations of continous service as

6. The continuous of an employee in his employment shall not be broken by the dismissal of the employee by his employer followed by the immediate re-employment of the employee

as you are on a contract it can be deemed that you were not dismissed mearly your contract had finished as you were aware of its time frame. I can see its a thin line rest assured.

thats my take on it anyways. I can get a professional opnion on it for you if you want.

LegacyUser

If you could that'd be great - I've already sought professional advice that recommends I approach them and ask for my CID as they've continued to employ me (without interruption) since my contract expired (which would negate their now claiming the position no longer exists), but a second opinion never hurts!

Thanks for the reply.. much appreciated!

LegacyUser

Sorry, meant to add that for each of the 4 years I've been there so far, I've been given a fixed term contract so according to the NERA site:

Fixed Term Workers

A fixed term employee is someone who is employed under a contract which contains a specific start and end date or who is employed to carry out a specific task or project or the continuity of whose contract is contingent on a particular event such as the availability of continued funding from an external source.

Employees cannot remain on a series of fixed-term contract indefinitely. If an employee whose employment commenced prior to the 14 July 2003 accrues three years or continuous service as a fixed term employee, when that employee’s contract comes up for renewal on or after the 14 July 2003, the employee can only be offered one further fixed-term contract. This renewal on a further fixed-term basis cannot be for more than one year. After this, if the employer wishes the employee to continue, it must be with a contract of indefinite duration.

If an employee who commenced employment on a fixed-term basis on or after 14 July 2003 has had two or more fixed term contracts, the combined duration of the contracts shall not exceed four years. After this, if the employer wishes the employee to continue, it must be with a contract of indefinite duration.

So reading that then, I've done (now more) the 4 years and had 4 fixed term contracts, and as they do wish me to continue, it must be with a CID?

Thanks again!

gerrycollins

I will ask and PM you with their answer

Nightwish

If you are definitely on a Fixed Term Contract then the legislation whereby you are entitled to a Contract of Indefinite Duration should apply to you. I'm in a similar situation but I'm not entitled to a CID because I've got a Specified Purpose contract, which does not come under the Fixed Term Work Act. Oh just o let you know, recruitment moritoriums do not affect the issuing of CID's under the Act.

LegacyUser

Nightwish wrote:

If you are definitely on a Fixed Term Contract then the legislation whereby you are entitled to a Contract of Indefinite Duration should apply to you. I'm in a similar situation but I'm not entitled to a CID because I've got a Specified Purpose contract, which does not come under the Fixed Term Work Act. Oh just o let you know, recruitment moritoriums do not affect the issuing of CID's under the Act.

Ta for the reply

I was actually told the same when I queried this with HR, but I've since been told (as I mentioned previously, I have sought professional advice) that the contracts I have ARE Fixed Term Contracts and that they have been successive up until my last one.

How do you know though? What's the difference? I mean from the definition from NERA:

A fixed term employee is someone who is employed under a contract which contains a specific start and end date or who is employed to carry out a specific task or project or the continuity of whose contract is contingent on a particular event such as the availability of continued funding from an external source.

From what I've been told (verbally) by HR, all of these criteria apply to me, and this would back up the advice I've been given that I AM a Fixed-Term Contract worker?

Apologies if I'm going back and forth a bit here, but before I go rising rows I'm trying to be as sure of my facts as I can be.

Nightwish

If your contract is titled "Fixed Term Contract" and/or if your contract has a start and end date i.e. a fixed term.

LegacyUser

It's down as "Temporary Wholetime <position title> (Grade number)" with a start and end date under Duration?