Are you a part time worker?
Or are you on a fixed term contract? Set out below you will find 6 complaints which can be brought to the Workplace Relations Commission, depending on whether you are a part timer, or fixed termer, or both.
The purpose of the legislation-Protection of Employees (Part Time Work) Act, 2001 and Protection of Employees (Fixed Term Work), 2003-is to provide protection to workers like you.
Part-Time Work
- Are you a part-time employee and have, in respect of your conditions of employment been treated less favourably than a comparable full-time employee?
Section 9(1) of the Protection of Employees (Part-Time Work) Act 2001 states that a part-time employee shall not be treated in a less favourable manner than a comparable full-time employee.
Fixed-Term Work
- Are you a fixed-term employee and have, in respect of your conditions of employment, been treated less favourably than a comparable permanent employee?
Section 6(1) of the Protection of Employees (Fixed-Term Work) Act 2003 that a fixed-term employee shall not be treated in a less favourable manner than a comparable permanent employee.
- Did your employer fail to offer a written statement setting out the objective grounds justifying the renewal of a fixed-term contract and the failure to offer a contract of indefinite duration?
Section 8 of the Protection of Employees (Fixed-Term Work) Act 2003 provides that where an employer proposes to renew a fixed-term contract, the employee must be informed in writing by the employer of the objective grounds justifying the renewal of the fixed-term contract and the failure to offer a contract of indefinite duration at the latest by the date of the renewal.
- Has your employer contravened the legal provisions in relation to the number of successive fixed-term contracts that can be issued to you?
Section 9 of the Protection of Employees (Fixed-Term Work) Act 2003 states that when a fixed-term employee has completed 3 years of continuous employment with the employer the contract may only be renewed on one further occasion and cannot exceed a term of 1 year.
- Has your employer failed to inform you (a fixed-term employee) of opportunities for
(a) permanent employment, or
(b) appropriate training opportunities
Section 10 (1) of the Protection of Employees (Fixed-Term Work) Act 2003 states that an employer must inform fixed-term employees of relevant vacancies which become available to ensure that they have the same opportunity to secure a permanent position as other employees
The employer must also facilitate access of fixed-term employees to appropriate training opportunities to enhance their skills.
- Did your employer fail to provide to your representative information about fixed-term work?
Section 11(2) of the Protection of Employees (Fixed-Term Work) Act 2003 states that as far as practicable, employers shall consider providing information to employees’ representatives about fixed-term work in the undertaking.