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WHV 6 month rule

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  • 15-11-2012 12:57pm
    #1
    The_Hustler
    Registered Users Posts: 1,191 ✭✭✭


    My contract with my employer is ending on Dec 21st, and they have asked me to come back in the new year on a new contract.

    The company is actually closed from Dec 21st so even if my original contract was longer, I would not have been working the days between contracts.

    It is only about a week and a half where I won't be employed by the company but I'm wondering will that time be included as part of the 6 months?

    I have searched for the answer unsuccessfully. If I was on a 6 month contract originally, this period would be included. These are 2 3 month contracts which I know is essentially the same, but this hasn't been done in an attempt to get around the rules. They have only just asked me back and it is a different role also.

    Thanks for any help you can offer


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    #2
    hussey
    Registered Users Posts: 6,240 ✭✭✭hussey


    What start and end dates do they have if 1 had 1/10 - 31/12 (3months) then 2nd started 10/1 - 9/4 then you should be fine.


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    #3
    Batgurl
    Registered Users Posts: 1,208 ✭✭✭Batgurl


    If you're not getting paid for the dates in between then I can't see how it would count.

    You're best bet, as always, is to ring IMMI and find out for sure.


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    #4
    The_Hustler
    Registered Users Posts: 1,191 ✭✭✭The_Hustler


    Thanks, the contract dates do split like your example Hussey.

    Batgurl, as I am a contractor, I don't get paid for days off, so if the business is closed for that period over Christmas and my contract was for a continuous 6 months, I would not have been paid anyway.


    I am sure the week and a half of Christmas closure would have counted if my contract was originally for 6 months and would have made no difference to whether I was paid over this period, so this splitting of contracts is basically unintentionally allowing me to work an extra 1.5 weeks for this company. I think I better make sure with IMMI


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