IE
(LRC Revised)
Statutory Text (1 Articles)
Number 29 of 2003
PROTECTION OF EMPLOYEES (FIXED-TERM WORK) ACT 2003
REVISED
Updated to 16 December 2022
Changes to legislation
as of 10 July 2026, this Act is up to date with all changes known to be in force.
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
PART 1
Preliminary and General
Section
1.
Short title.
2.
Interpretation.
3.
Regulations and orders.
4.
Expenses.
PART 2
Fixed-Term Work and Rights of Fixed-Term Employees
5.
Comparable permanent employee.
6.
Conditions of employment for fixed-term employees.
7.
Objective grounds for less favourable treatment.
8.
Written statements of employer.
9.
Successive fixed-term contracts.
9A.
Probation periods.
10.
Information on employment and training opportunities.
11.
Information and consultation.
12.
Voidance of certain provisions.
13.
Prohibition of penalisation of employee by employer.
PART 3
Enforcement
14.
Decision
of adjudication officer under section 41 of Workplace Relations Act
2015.
15.
Decision
of Labour Court on appeal from decision referred to in section
14.
16.
Enforcement of determinations of Labour Court.
(Repealed)
PART 4
Exclusions and other Provisions
17.
Exclusion of certain types of contracts.
18.
Limitation on relief.
19.
Amendment of Employment Agency Act 1971, Organisation of Working Time Act 1997 and
Protection of Employees (Part-Time Work) Act 2001.
Acts Referred to
Carer's Leave Act 2001
2001, No. 19
Civil Service Regulation Act 1956
1956, No. 46
Courts Act 1981
1981, No. 11
Employment Agency Act 1971
1971, No. 27
Local Government Act 2001
2001, No. 37
Minimum Notice and Terms of Employment Acts 1973 to 2001
Nurses Act 1985
1985, No. 18
Organisation of Working Time Act 1997
1997, No. 20
Parental Leave Act 1998
1998, No. 30
Protection of Employees (Part-Time Work) Act 2001
2001, No. 45
Protection of Persons Reporting Child Abuse Act 1998
1998, No. 49
Redundancy Payments Act 1967
1967, No. 21
Transnational Information and Consultation of Employees Act 1996
1996, No. 20
Unfair Dismissals Acts 1977 to 2001
Worker Protection (Regular Part-Time Employees) Act 1991
1991, No. 5
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. [14
th 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.
...
SCHEDULE 3
Transfer of Functions and
References to Functional Areas
...
52. Protection of Employees
(Fixed-Term Work) Act 2003
...
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.
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.
...
SCHEDULE 3
Transfer of Functions and
References to Functional Areas
...
52. Protection of Employees
(Fixed-Term Work) Act 2003
...
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.
Section
1.
Short title.
2.
Interpretation.
3.
Regulations and orders.
4.
Expenses.
PART 2
Fixed-Term Work and Rights of Fixed-Term Employees
5.
Comparable permanent employee.
6.
Conditions of employment for fixed-term employees.
7.
Objective grounds for less favourable treatment.
8.
Written statements of employer.
9.
Successive fixed-term contracts.
9A.
Probation periods.
10.
Information on employment and training opportunities.
11.
Information and consultation.
12.
Voidance of certain provisions.
13.
Prohibition of penalisation of employee by employer.
PART 3
Enforcement
14.
Decision
of adjudication officer under section 41 of Workplace Relations Act
2015.
15.
Decision
of Labour Court on appeal from decision referred to in section
14.
16.
Enforcement of determinations of Labour Court.
(Repealed)
PART 4
Exclusions and other Provisions
17.
Exclusion of certain types of contracts.
18.
Limitation on relief.
19.
Amendment of Employment Agency Act 1971, Organisation of Working Time Act 1997 and
Protection of Employees (Part-Time Work) Act 2001.
Number
29
of
2003