Temporary Contract

ex_fox_now_a_dragon

I was taken on as a retail assistant on a temporary contract for the Christmas period. Luckily, I was kept on after Christmas, again on a temp. contract. I'm now on my 4th temp contract and just wondered if there was a limit to how many temp contracts you can sign up to ie should I have been offered a permanent contract by now.

scooby088

There is no need to offer you a permanent contract as you can be temporary for years. It also depends on your employers policy with regards to making temporary workers permanent, best i could advise is ask you manager or supervisor if you would be taken on permanent.

Emplawyer

scooby088 wrote: »

There is no need to offer you a permanent contract as you can be temporary for years. It also depends on your employers policy with regards to making temporary workers permanent, best i could advise is ask you manager or supervisor if you would be taken on permanent.

You can keep signing as many temporary contracts as you like, but you have little or no security. Four years continuous employment on temporary (or fixed term) contracts is the maxiumum. After that the contract is deemed to be permanent. But an employer can easily get round that by having a gap between contracts which breaks continuity.

KiKi

OP - this depends on whether your temp contract is with the employer (which the previous post assumes) or an agency (which the second post assumes) - surprised no-one has asked to clarify this.

With an agency, you have no rights to a permanent contract. With a fixed-term contract direct with an employer, you have to be made permanent after four years' continuous service.

However, what the above poster said about no protection on fixed-term contracts is incorrect. Even you *are* on a fixed-term 'temp' contract, if you have more than one year's continuous service, you have the same employment rights, the same protection, the same access to unfair dismissal, redundancy procedures etc. So the fact that you're on a fixed-term contract doesn't matter too much after one year - you're not in a worse position than permanent staff (other than you're clear on your end date - but even then, the company has to follow redundancy procedures).

However, as I said, if you're temp through an agency, none of this applies, and you have no employment rights as far as the company and employment protection is concerned.

HTH
KiKi

Emplawyer

KiKi wrote: »

OP - this depends on whether your temp contract is with the employer (which the previous post assumes) or an agency (which the second post assumes) - surprised no-one has asked to clarify this.

With an agency, you have no rights to a permanent contract. With a fixed-term contract direct with an employer, you have to be made permanent after four years' continuous service.

However, what the above poster said about no protection on fixed-term contracts is incorrect. Even you *are* on a fixed-term 'temp' contract, if you have more than one year's continuous service, you have the same employment rights, the same protection, the same access to unfair dismissal, redundancy procedures etc. So the fact that you're on a fixed-term contract doesn't matter too much after one year - you're not in a worse position than permanent staff (other than you're clear on your end date - but even then, the company has to follow redundancy procedures).

However, as I said, if you're temp through an agency, none of this applies, and you have no employment rights as far as the company and employment protection is concerned.

HTH
KiKi

But the employer can still terminate the contract fairly by allowing it to end naturally, with appropriate notice, so their position is hardly "the same" as permanent staff.

LittleVoice

Emplawyer wrote: »

But the employer can still terminate the contract fairly by allowing it to end naturally, with appropriate notice, so their position is hardly "the same" as permanent staff.

I note you mention "appropriate notice". A permanent employee can be terminated with appropriate notice. The "naturally" still requires notice. Wherein lies the difference?

Emplawyer

LittleVoice wrote: »

I note you mention "appropriate notice". A permanent employee can be terminated with appropriate notice. The "naturally" still requires notice. Wherein lies the difference?

A permanent employee can only dismissed with notice for one of the fair reasons, eg conduct, capability, redundancy or 'some other substantial reason'.

An employee on a fixed term contract can be dismissed for these reasons and also the reason that their fixed term contract has expired.

fedster

KiKi wrote: »

However, as I said, if you're temp through an agency, none of this applies, and you have no employment rights as far as the company and employment protection is concerned.

Will this not change when the new Agency regulations come into force in October?

My understanding from October if you have worked 12 weeks, you have to be offered a permnant contract, is that right?

katerinasol

fedster wrote: »

Will this not change when the new Agency regulations come into force in October?

My understanding from October if you have worked 12 weeks, you have to be offered a permnant contract, is that right?

Just 12 weeks? That doesn't sound right... what about maternity cover etc?

chuckley

cheaper to keep u as a temp as ur on less money and have zero rights and the 'new contract' erases any holiday accrued.

so they'll make u sign a new 1 every 3 months... a day over and HO class u as perm regardless, but the shop will give u a new contract anyway to make u 'think' ur still a temp.

LittleVoice

fedster wrote: »

Will this not change when the new Agency regulations come into force in October?

My understanding from October if you have worked 12 weeks, you have to be offered a permnant contract, is that right?

No that's not right.

After 12 weeks (so no earlier than 12 weeks from 1 October 2011 for those working as an agency worker before then), you need to have same conditions as a permanent employee in respect of pay and holiday - but not pension. You do not have to be offered a permanent position.

From day one, you are to have access to staff facilities (like rest rooms and car parking) on the same basis as permanent staff and to be notified of job vacancies.