Dan Boyle (Cork South Central, Green Party)
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Question 741: To ask the Minister for Enterprise, Trade and Employment the Government policy on indefinite duration contracts; and the measures which can be put in place to offer greater job security to persons who are employed under such contracts. [1375/06]

Tony Killeen (Clare, Fianna Fail)
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Government policy on indefinite duration contracts is dictated by the Protection of Employee (Fixed-Term Work) Act 2003. The Act provides that a fixed-term contract employee shall not be treated less favourably than a comparable permanent employee in respect of conditions of employment including pay and pensions. To invoke the anti-discrimination provisions in the Act, the fixed-term employee must find a permanent comparator with (a) the same or associated employer (b) as specified in a collective agreement or (c) in the same sector or industry. In the case of (a) and (c), the fixed-term employee and the comparable permanent employee must perform the same or similar work or work of greater or equal value.

The Act also provides that where a fixed-term employee whose contract of employment commenced before the commencement of the 2003 Act on 14 July 2003 completes or has completed three years of continuous employment with his or her employer or associated employer, the fixed-term contract may only be renewed once more by the employer for a period of no longer than one year and if it is renewed again after that it is deemed to be a contract of indefinite duration unless the employer has objective grounds for renewing the contract again on a fixed-term basis.

In addition, the Act provides that , in the case of a fixed-term employee recruited after the enactment of the Act, if he or she is employed by his or her employer or associated employer on two or more continuous fixed-term contracts the aggregate duration of such contracts shall not exceed four years after which if the contract is renewed again it is deemed to be a contract of indefinite duration unless the employer has objective grounds for renewing the contract again on a fixed-term basis. Under the Act, a ground would be considered as an objective ground for treatment in a less favourable manner, including the renewal of a fixed-term employee's contract for a further fixed term, if it is based on considerations other than the status of the employee as a fixed-term employee and the less favourable treatment is for the purpose of achieving a legitimate objective of the employer and such treatment is necessary for that purpose. If a fixed-term employee feels that he or she is being treated less favourably as regards conditions of employment including pay and pensions than a permanent comparator or if he or she considers that he or she is entitled to a contract of indefinite duration and if his or her employer refuses to concede this, it is open to him or her to refer the matter to a rights commissioner for adjudication.