Terence Flanagan (Dublin North East, Renua Ireland)
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203. To ask the Minister for Jobs, Enterprise and Innovation if he will address a matter (details supplied) regarding permanent contracts; and if he will make a statement on the matter. [4173/16]

Gerald Nash (Louth, Labour)
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The Deputy will appreciate that I cannot provide legal advice in relation to an individual’s employment rights situation but I can provide general information that I hope will be of assistance. The Protection of Employees (Fixed-Term Work) Act 2003 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. 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 contracts again on a fixed-term basis.

The terms of the 2003 Act are applicable in both the private and the public sectors with the exception, in the case of the public sector, of a small number of categories of employees. If a fixed-term employee feels that he or she is being treated less favourably as regards conditions of employment, or if 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 by way of complaint to the Director General of the Workplace Relations Commission (WRC) for adjudication. I am satisfied that the protections afforded employees under the terms of the 2003 Act remain relevant.

The WRC is an independent, statutory body which was established on 1 October 2015 under the Workplace Relations Act 2015 (No. 16 of 2015). It assumes the roles and functions previously carried out by the National Employment Rights Authority (NERA), Equality Tribunal, Labour Relations Commission, Rights Commissioners Service, and the first-instance (Complaints and Referrals) functions of the Employment Appeals Tribunal. The Workplace Relations Customer Service and Information Unit provides information on employment, equality and industrial relations legislation, and can be contacted at Lo-call 1890 80 80 90 or via its website . A complaint may be made using the Workplace Relations e-Complaint Form available on the website.