Breaking your service at work

martineire

Can one please tell me why some organisations are breaking there employees service before they have worked a full year and then rehiring them a month later. I know it's got to do with entitlements etc but can any expand more on that?

thanks

Stheno

After four years continual service you are entitled to a contract of indefinite duration.

Having one months break between contract removes this right.

Ronin247

Also after 2 years you are entitled to statutory redundancy payments

fatherted1969

What about if you were given contracts of different duration but there was no break. Had this debate in work a while ago, my coworker reckoned that you had to have 4 12 month contracts before you got one of indefinite employment. I wasn't too bothered cos it'll be a while before it'll affect me

martineire

Then what is the the hole issue with the organisation having to break the employees service before they have one full year employment completed?

Stheno

martineire wrote: »

Then what is the the hole issue with the organisation having to break the employees service before they have one full year employment completed?

It's an easy way to split the four year thing, and tbh there is a bit of tradition in it imo

Mrs OBumble

After one year, certain rights regarding unfair dismissal start to apply.

Up to one year, you are still on probation, and can be let go for no reason, with minimal notice.

There was a hotel in Galway that several times in a row "closed" for a month, after trading for 11 months. Running joke that it was a way to share the work among the locals.

Old diesel

So are we saying you could something like this

Work 11 months year one - 1 month off the payroll

Work another 11 months - in year 2 (22 months total) one month off payroll

back on payroll for 11 months (33 months total) - 1 month off

Work 11 months again - (44 months total) - and a month off total.

You could work all the above for one company - but after 4 years you have only 11 months service

Is that correct

Stheno

you'd only be classed as having 11 months continuous service

brightspark

From

http://employmentrightsireland.com/category/the-employment-contract/

The Rights Commissioner service and the Labour Court have held that breaks of up to 3 months were not sufficient to break an employee continuous service.

Maybe some employers haven't heard, or else they hope the workers don't know!

somefeen

The fact that companies are actually doing this is the reason the country's ****ed

cerastes

brightspark wrote: »

From

http://employmentrightsireland.com/category/the-employment-contract/




Maybe some employers haven't heard, or else they hope the workers don't know!

I woudn't have thought such a thing was done for more than a 2 year period or that it was legal at all,but indefinitely.