Protection of Employees (Fixed-Term Work) Act 2003
Number 29 of 2003
PROTECTION OF EMPLOYEES (FIXED-TERM WORK) ACT 2003
REVISED
Updated to 16 December 2022
This Revised Act is an administrative consolidation of the Protection of Employees (Fixed-Term Work) Act 2003. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Appropriation Act 2022 (45/2022), enacted 16 December 2022, and all statutory instruments up to and including the European Union (Transparent and Predictable Working Conditions) Regulations 2022 (S.I. No. 686 of 2022), made 16 December 2022, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 29 of 2003
PROTECTION OF EMPLOYEES (FIXED-TERM WORK) ACT 2003
REVISED
Updated to 16 December 2022
ARRANGEMENT OF SECTIONS
Preliminary and General
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Section |
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1. |
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2. |
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3. |
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4. |
Fixed-Term Work and Rights of Fixed-Term Employees
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5. |
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6. |
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7. |
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8. |
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9. |
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9A. |
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10. |
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11. |
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12. |
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13. |
Enforcement
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14. |
Decision of adjudication officer under section 41 of Workplace Relations Act 2015. |
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15. |
Decision of Labour Court on appeal from decision referred to in section 14. |
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16. |
Exclusions and other Provisions
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17. |
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18. |
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19. |
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Acts Referred to |
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Carer's Leave Act 2001 |
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Civil Service Regulation Act 1956 |
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Courts Act 1981 |
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Employment Agency Act 1971 |
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Local Government Act 2001 |
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Minimum Notice and Terms of Employment Acts 1973 to 2001 |
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Nurses Act 1985 |
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Organisation of Working Time Act 1997 |
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Parental Leave Act 1998 |
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Protection of Employees (Part-Time Work) Act 2001 |
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Protection of Persons Reporting Child Abuse Act 1998 |
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Redundancy Payments Act 1967 |
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Transnational Information and Consultation of Employees Act 1996 |
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Unfair Dismissals Acts 1977 to 2001 |
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Worker Protection (Regular Part-Time Employees) Act 1991 |
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Number 29 of 2003
PROTECTION OF EMPLOYEES (FIXED-TERM WORK) ACT 2003
REVISED
Updated to 16 December 2022
AN ACT TO PROVIDE FOR THE IMPLEMENTATION OF DIRECTIVE NO. 1999/70/EC OF 28 JUNE 1999, OF THE COUNCIL OF THE EUROPEAN COMMUNITIES CONCERNING THE FRAMEWORK AGREEMENT ON FIXED-TERM WORK CONCLUDED BY ETUC, UNICE AND CEEP, TO AMEND THE EMPLOYMENT AGENCY ACT 1971, THE ORGANISATION OF WORKING TIME ACT 1997 AND THE PROTECTION OF EMPLOYEES (PART-TIME WORK) ACT 2001 AND TO PROVIDE FOR RELATED MATTERS. [14th July, 2003]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Functions transferred and references construed (14.10.2020) by Employment Affairs and Employment Law (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 438 of 2020), arts. 2, 3(1)(a), (2) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.
2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Business, Enterprise and Innovation.
(2) References to the Department of Employment Affairs and Social Protection contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Business, Enterprise and Innovation.
3. (1) The functions vested in the Minister for Employment Affairs and Social Protection -
(a) by or under the Acts specified in Part 1 of the Schedule and the provisions of the Acts specified in Part 2 of the Schedule, and
...
are transferred to the Minister for Business, Enterprise and Innovation.
...
(2) References to the Minister for Employment Affairs and Social Protection contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Business, Enterprise and Innovation.
SCHEDULE 1
PART 1
ACTS OF THE OIREACHTAS
...
Protection of Employees (Fixed-Term Work) Act 2003 (No. 29 of 2003)
...
C2
Functions transferred to Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), s. 59 and sch. 3 item 52, S.I. No. 887 of 2004.
Transfer of functions of specified bodies to Executive.
59.—(1) The functions that, immediately before the establishment day, were the functions of a specified body under or in connection with the enactments referred to in Schedule 3 are, by this Act, transferred to the Executive on that day.
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SCHEDULE 3
Transfer of Functions and References to Functional Areas
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52. Protection of Employees (Fixed-Term Work) Act 2003
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C3
Application of Act potentially restricted by Employment Equality Act 1998 (21/1998), s. 101A as inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 43, commenced on enactment.
[Parallel claims.
101A.—Where the conduct of an employer constitutes both a contravention of Part III or IV and a contravention of either the Protection of Employees (Part-Time Work) Act 2001 or the Protection of Employees (Fixed-Term Work) Act 2003, relief may not be granted to the employee concerned in respect of the conduct under both this Act and either of the said Acts.]
C4
Application of Act potentially restricted by Pensions Act 1990, s. 81J and sch. 4 (as inserted (5.04.2004) by Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), s. 22, S.I. No. 141 of 2004), item 30A providing for alternative application of s. 101A as inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 66(3)(f)(vii), commenced on enactment.
[Parallel claims.
101A.—
Table heading: Words appearing in section of Employment Equality Act 1998
Where the conduct of an employer constitutes both a contravention of Part III or IV and a contravention of either the Protection of Employees (Part-Time Work) Act 2001 or the Protection of Employees (Fixed-Term Work) Act 2003, relief may not be granted to the employee concerned in respect of the conduct under both this Act and either of the said Acts.
Table heading: Substituted words for the purposes of Part VII
(2) Where the conduct of an employer constitutes both a contravention of Part VII of the Pensions Act 1990 and a contravention of either the Protection of Employees (Part-Time Work) Act 2001 or the Protection of Employees (Fixed-Term Work) Act 2003, relief may not be granted to the employee concerned in respect of the conduct under both this Act as it applies to Part VII of the Pensions Act 1990 and either of the said Acts.]
Editorial Notes:
E1
Redress and appeal procedures in respect of Act provided (1.10.2015) by Workplace Relations Act 2015 (16/2015), ss. 41, 44 and sch. 5 part 1 item 12, sch. 6 part 1 item 18, sch. 6 part 2 item 18, S.I. No. 410 of 2015.
E2
Act included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 2 and sch. 1 part 1 item 10, S.I. No. 338 of 2015, with the following effects:
• Authorised officers or inspectors under employment enactments deemed to be appointed under Workplace Relations Act 2015 (16/2015), s. 26(2) and subject to termination under s. 26(4).
• Powers of inspectors for purposes of relevant enactments defined in Workplace Relations Act 2015 (16/2015), s. 27.
• Workplace Relations Commission, an inspector or an adjudication officer authorised to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by Workplace Relations Act 2015 (16/2015) s. 31(5).
• Power of Workplace Relations Commission and official body to disclose information to each other concerning the commission of offence under relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 32.
• Power of Workplace Relations Commission and contracting authority to disclose information to each other concerning the commission of offence under employment enactment/ relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 33.
• Powers of Minister to prosecute under relevant enactments transferred to Workplace Relations Commission and references construed by Workplace Relations Act 2015 (16/2015), s. 37.
• Functions of EAT to hear claims under employment enactments transferred to Workplace Relations Commission and references to EAT construed by Workplace Relations Act 2015 (16/2015) s. 66(1), (2), not commenced as of date of revision.
E3
Minister empowered to make regulations in certain circumstances for the purpose of enabling any provision of this Act to have full effect by Pensions Act 1990 (25/1990), s. 5(5) as inserted (1.06.2002) by Pensions (Amendment) Act 2002 (18/2002), s. 10(b), S.I. No. 276 of 2002 and amended (5.04.2002) by Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), s. 23 and sch. 2 item 3, S.I. No. 141 of 2004.
E4
Previous affecting provision: functions transferred and “Minister for” and “Department of Jobs, Enterprise and Innovation” construed (1.09.2017) by Labour Affairs and Labour Law (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 361 of 2017), arts. 2, 3, 6-8, in effect as per art. 1(2), subject to transitional provisions in arts. 4, 5; superseded as per C-note above.