Seanad debates
Thursday, 29 May 2003
Protection of Employees (Fixed-Term Work) Bill 2003: Second Stage.
The Bill refers to objective reasons that an employee should be offered a fixed-term, as opposed to a full-time, contract. What are objective criteria? As matters stand, the drafting of this provision is not a bad effort. However, the exact meaning of the term "objective criteria" needs to be expanded further. One man's objective criterion is not necessarily another's in terms of justification for a short-term contract. For example, it is clear that the use of a fixed-term contract in the case of a person specifically employed in the information technology sector several years ago, for the purpose of sorting out problems anticipated in the context of the changeover to the new millennium, could be objectively justified. However, there are many examples of cases in which this is not clear. I question whether the "objective criteria" requirement and imposition of an obligation to provide a written explanation where persons are not given full-time contracts offers a sufficiently strong guarantee to ensure that there will not be significant abuse.
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