Regina Doherty (Meath East, Fine Gael) | Oireachtas source

I am aware that Deputy Boyd Barrett knows this but I will read my Department's reply for the benefit of those who do not. A fixed-term employee means a person who has entered into a contract of employment where the end of the contract is determined by an objective condition such as arriving at a specific date, completing a specific task or the occurrence of a specific event. An employee continuously employed on fixed-term contracts for a period in excess of four years can claim a contract of indefinite duration. However, the Act does not apply in circumstances where an employee is not re-employed by an employer following completion of a fixed-term contract.

In the formulation and development of labour law, there was a clear focus on finding the appropriate balance between the security which employees require on the one hand and the flexibility required by employers on the other, in terms of organisation of work, particularly in situations where that work may be of a short or fixed duration.

The Protection of Employees (Fixed-Term Workers) Act 2003 is not discriminatory. It does not apply only to certain industries. It applies to every single industry in this country that uses fixed-term contracts. That legislation provides for the improvement of the quality of fixed-term work by ensuring the application of the principle of non-discrimination, that is, that fixed-term workers cannot and will not be treated less favourably than comparable permanent workers. The Act also provides for the removal of discrimination against fixed-term workers where such exists and the establishment of a framework to prevent abuse arising from the use of successive fixed-term employment contracts in order to suit employers. Deputy Boyd Barrett obviously has a specific case in mind, the details of which I am very keen to hear. He should note that where individuals believe they are being deprived of employment rights they may refer a complaint to the WRC where the matter can be dealt with by way of mediation or adjudication leading to a decision that is enforceable through the District Court. WRC inspectors can also be asked to investigate breaches of the legislation or complaints arising. Individuals can submit complaints online. The Deputy can submit complaints to me, on which I will be very happy to help. The Deputy suggested that he has examples of blacklisting which is absolutely against the law. It is not and will not be tolerated and I am happy to help the Deputy to deal with that.

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