Beverley Flynn (Mayo, Independent)
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Question 437: To ask the Minister for Enterprise, Trade and Employment if a person employed for a three and a half year period with no break of service is entitled to be made permanent under current employment legislation (details supplied). [38554/06]

Tony Killeen (Clare, Fianna Fail)
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The Protection of Employees (Fixed-Term Work) Act 2003 provides in relation to an employee who enters on a fixed-term contract of employment before the commencement of the Act on 14 July 2003 that if that employee is employed continuously on such a contract of employment for three continuous years, his or her contract of employment can only be renewed one more time on a fixed-term basis for up to one year and that if it is renewed again after that, it is deemed to be a contract of indefinite duration (a permanent contract) unless the employer has objective grounds for renewing the contract of employment again on a fixed-term basis.

In addition, the 2003 Act provides in relation to an employee who enters on a fixed-term contract of employment after the commencement of the Act, that if that employee is employed on such a contract of employment for four continuous years and the contract is renewed again after that, then it is deemed to be one of indefinite duration (a permanent contract) unless the employer has objective grounds for renewing the contract of employment again on a fixed-term basis.

Under the 2003 Act, a ground shall not be regarded as an objective ground for the purposes of the Act, unless it is based on considerations other than the status of the employee concerned as a fixed-term employee, and the less favourable treatment which it involves for that employee, is for the purpose of achieving a legitimate objective of the employer, and such treatment is appropriate and necessary for that purpose.

Any dispute between an employer and a fixed-term employee about whether a contract of employment should be deemed to be one of indefinite duration may be referred to a Rights Commissioner for a decision, under the 2003 Act.