To be a fixed-term worker, two conditions must apply: if an employer wishes to continue the employee`s employment after the expiry of his fixed-term contract, problems may arise in relation to his conditions of employment. Therefore, if a fixed-term worker is employed continuously for 4 years, the employer should proceed with his dismissal in the same way as a permanent employee. Less favourable treatment of fixed-term workers is allowed if your employer can prove that there is a valid reason to do so. This is called “objective justification.” 4. The use of successive fixed-term employment contracts shall maintain the flexibility of a fixed-term employment relationship for an indefinite period and avoid the recruitment of permanent workers. The only exception is when the employer can justify the need to maintain them on a fixed-term contract. The pretext of terminating the contract prematurely without having a corresponding right under the contract would amount to a breach of contract which would give the employee the right to be exempted from any restriction after dismissal. (3) The expiry of a fixed-term employment contract shall not constitute dismissal. To avoid wrongful dismissal requests, the non-renewal must be due to a potentially valid reason, which includes: If your employer fires employees in the type of work you perform, it could mean that you were fired as a result of a dismissal. If you work continuously as a fixed-term employee for two years or more, you have the same dismissal rights as permanent employees.
You can do this either by issuing a new fixed-term contract (taking care to acknowledge the ongoing service the person has already provided) or by simply writing a letter extending the contract to a new termination date. For example, an employer may choose to offer better pay to fixed-term workers rather than pension rights. What happens depends on the terms of the contract. If he says: Sometimes the work done by a temporary employee must first be covered for a certain period of time, but then, for some reason, it becomes clear that the need continues now. In this case, you can convert the appointment to permanent status. You can do this either with a new contract (recognition of continuity of service) or with a letter amending the terms of the fixed-term contract. An employee may be retained for a period of four years on successive fixed-term contracts. If your contract is renewed after that, you will be employed permanently unless the employer can prove a good reason why you should stay on a fixed-term contract. Since it is not necessary for employers to set a notice period for terminating a fixed-term contract on its expiry date, sometimes no other termination provision is included in the contract – employers sometimes simply remove their normal notice clause and replace it with the end date of the limited duration. When a fixed-term contract expires, you need to make sure your employee has access to the vacancies in your company so that they have the opportunity to apply for a permanent job (or other temporary position), if applicable. If you are offered an extended contract on less favourable terms than the original contract, you can refuse to accept it.
You can then try to negotiate with your employer. If they do not change the terms, you must choose to accept the amended contract or treat the contract as terminated. In some companies, fixed-term employees are paid more than permanent employees, either because of their special abilities or to compensate for the temporary nature of the work. However, employers must act fairly and reasonably when dismissing fixed-term workers; Therefore, it is recommended that you follow the procedures set out in the Code. Note that if you renew a fixed-term contract and the employee reaches four years of uninterrupted service, he automatically becomes a permanent employee. An early dismissal clause may provide for a contractual notice period to which the fixed-term worker is entitled in this situation. Termination of a fixed-term employment relationship by non-renewal is equivalent to dismissal under UK labour law. Fixed-term contracts usually end automatically when they reach the agreed end point, so your employer doesn`t have to terminate you. However, your employer must still act fairly and, if necessary, follow a dismissal procedure. Fixed-term contracts usually end automatically when they reach the agreed end date. The employer is not required to give notice of dismissal.
Your employer should consider whether it is possible to offer fixed-term workers certain benefits commensurate with the period during which they will work (also called “pro rata”). .