Post not Advertised

Mandog

Have been working on a contract position for past two months, my Contract ends end of January. Today a new guy was introduced to us as being my replacement, i was not notified that there is going to be an opening once my contract ends no was i aware that my post had been advertised. Two weeks ago we had a permanent position filled in the department by someone who was on contract, this was advertised and everyone new of the job developments. Is the company right to just fill my post without telling me.

Tzardine

Sounds like the employer did not want to renew your contract for whatever reason.

Once they have fulfilled their obligations as set out in your contract then their relationship can end with you.

Sure, its a poxy thing to do but it sounds like they want whoever this replacement is more than you.

Sorry for the AH type reply . Hope you find something else soon.

Mandog

I get it that they no longer need me, But as a contract worker am entitled to know of any new posts in the company, as the permanent workers are entitled to be informed of any new posts

stevenmu

Mandog wrote: »

But as a contract worker am entitled to know of any new posts in the company, as the permanent workers are entitled to be informed of any new posts

In general, no. As a contract worker the company is effectively your customer not your employer, and their obligations to you are mostly limited to just paying you for your time.

Unless your contract with them, or their own policies, specifies something different, then you're probably not entitled to have been told anything.

Mrs OBumble

Ahh, I'm not sure it's that clear cut.

I think that there's something about agency workers being entitled to get the same vacancy information as company staff get. (No links though).

However unless it's public sector, there's no requirement for the company to advertise vacancies even to their own staff.

Mandog

Thanks Mrs OBumble i just searched on the net and i got this

Employers must inform fixed-term employees of vacancies for
permanent positions. They can do this by means of a general
announcement.

So am not sure what to do next, it is sour grapes but its just hard getting a new job.

stevenmu

Ah, I was thinking you are a self employed contractor, if you're a fixed-term employee that is different.

Mrs OBumble

Yah, if you're a fixed term employee it's different. But there is still potentially more to the story. Do you know for sure that the new guy is permanent? Are you employed by the company or thru an agency? Etc.

All that said - yes it sucks ... but you could waste a lot of energy getting bitter, or you could just put it behind you.

hallo dare

Mandog wrote: »

Have been working on a contract position for past two months, my Contract ends end of January. Today a new guy was introduced to us as being my replacement, i was not notified that there is going to be an opening once my contract ends no was i aware that my post had been advertised. Two weeks ago we had a permanent position filled in the department by someone who was on contract, this was advertised and everyone new of the job developments. Is the company right to just fill my post without telling me.

Would the new employee have any family members with a bit of pull in the company?

dearg lady

Are you quite sure that it wasn't advertised? On the staff intranet or something, and you just missed it?

Mandog

dearg lady wrote: »

Are you quite sure that it wasn't advertised? On the staff intranet or something, and you just missed it?

I can safely say they kept it from me, When i got the contract they expressly told me there was no way my contract was going to be extended. And we normally had week Monday meetings where departmental issues including filling of posts is openly discussed, When the permanent job arose it was discussed and everyone new of it. But for this one we only knew of it when we got an email introducing the new guy and staying he was starting the following day.

Mandog

hallo dare wrote: »

Would the new employee have any family members with a bit of pull in the company?

Not sure if he is connected to my manage, otherwise its a big multinational company.

Mandog

Mrs OBumble wrote: »

Yah, if you're a fixed term employee it's different. But there is still potentially more to the story. Do you know for sure that the new guy is permanent? Are you employed by the company or thru an agency? Etc.

All that said - yes it sucks ... but you could waste a lot of energy getting bitter, or you could just put it behind you.

i was employed by the company and this would have been my 4th contract with them. The new guy is on a 6 month contract

davo10

Mandog wrote: »

i was employed by the company and this would have been my 4th contract with them. The new guy is on a 6 month contract

So this is not a permanent position after all. As you already stated, employers are obliged to inform fixed-term employees of vacancies for PERMANENT positions. This may be done by means of a general announcement.

Mandog

davo10 wrote: »

So this is not a permanent position after all. As you already stated, employers are obliged to inform fixed-term employees of vacancies for PERMANENT positions. This may be done by means of a general announcement.

The Act provides that employers shall, as far as practicable consider informing employees’
representatives about fixed-term work in the undertaking.

Mandog

Just discovered there is a form i can fill in to lodge a complaint, for anyone else who might need it in the future here is the link.
www.lrc.ie/documents/work/newforms/FixedTermWorkAct.pdf‎

Stheno

Mandog wrote: »

i was employed by the company and this would have been my 4th contract with them. The new guy is on a 6 month contract

How long are you working tnere in total?

Gone West

Why are you bothered about this?
To be blunt, if they wanted you to stay on, they would have offered you the job.
Don't worry about it, don't stress and don't obsess on it.
Just get a new contract somewhere else.
Sounds like you are in IT? Lots of good jobs on the go, good money and good conditions mostly.
Move on and don't worry, you have a few weeks to get another job without skipping a beat once your current contract runs out.

davo10

Mandog wrote: »

The Act provides that employers shall, as far as practicable consider informing employees’
representatives about fixed-term work in the undertaking.

"Consider"?, not "required". Could you post a link to where you gleamed the statement above from. Employers are required to advise you of permanent positions that arise for the job you are being contracted to do, I have never read a clause that required them to tell you about other fixed term contract positions.

I'd agree with Fuzzy, if they wanted to keep you on, they would have. You'll probably get a good reference. The new position is not a permanent one, the new guy may have a new job description for a new task and as a fixed term contractor they have the right to let you go (provided contracts are less than 4 years). Make a complaint and the reference may not be forthcoming, they can tell future employers that your contract was not renewed because they felt you were not up to the job.

Horrible position but it may be time to move on.

Evan DietrichSmith

I would agree with most of the advice given here- time to move on.

However people seem to think 'moving on' even in IT is a piece of cake.

There may be commute times,crèche issues if children involved,lifestyle and accommodation issues etc.

For some even though jobs are available, it may not be as easy as it may seem.

Just sayin.

davo10

Evan DietrichSmith wrote: »

I would agree with most of the advice given here- time to move on.

However people seem to think 'moving on' even in IT is a piece of cake.

There may be commute times,crèche issues if children involved,lifestyle and accommodation issues etc.

For some even though jobs are available, it may not be as easy as it may seem.

Just sayin.

Makes a good reference all the more important.

Mandog

Thanks for the advise guys will surely take it. It just hurts to go to work and teach the new guy, he seems not to know the system and just feel used. I have started looking for a new job.

Eoin

Mandog wrote: »

I can safely say they kept it from me, When i got the contract they expressly told me there was no way my contract was going to be extended. And we normally had week Monday meetings where departmental issues including filling of posts is openly discussed, When the permanent job arose it was discussed and everyone new of it. But for this one we only knew of it when we got an email introducing the new guy and staying he was starting the following day.

This is going to sound corny, but think about what's the most useful thing for your career that you can do about it. An official complaint (if it merits one) might make you feel better temporarily, but it's probably unlikely to benefit you.

Maybe the new guy doesn't know the systems, but perhaps he has a different skill-set that they want to bring to the role that you don't have.

If you're sure that they deliberately didn't consider you, then try and find out why - in a non-confrontational way. I'd have loved to have had the chance for an interview / really like working here / interesting role / where can I improve in case something similar comes up in the future? etc etc.

You might just get fobbed off, or you might get some useful feedback.

Stheno

I actually thought of a couple of scenarios where you mightn't be eligible here.

1. If it's public sector, sometimes posts that are permanent are restricted, I wanted to apply for a council job, but those who could were restricted.
2. If you are coming up to your fourth consecutive year on contracts, that means after four years you have certain rights, and need a contract of indefinite duration so the company can choose not to have you in the role but to start afresh