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Part Time Workers

6 Claims Part Time or Fixed Term Workers Can Bring to the WRC

part time worker

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

  1. 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

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.