Regulations, 2009

L.N. 376 of 2009

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

Contracts of Service for a Fixed Term (Amendment)

Regulations, 2009

IN exercise of the powers conferred by article 34 of the

Employment and Industrial Relations Act, the Minister for Social

Policy has made the following regulations –

The title of these regulations is the Contracts of Service Title.

for a Fixed Term (Amendment) Regulations, 2009, and they shall

be read and construed as one with the Contracts of Service for a

Fixed Term Regulations, 2007, hereinafter referred to as “the L.N. 51 of 2007.

principal regulations”.

Paragraph (d) of sub-regulation (2) of regulation 3 of the

principal regulations shall be deleted.

Immediately after sub-regulation (9) of regulation 7 of

the principal regulations, there shall be added the following new

sub-regulation (10) as follows

“(10) Nothing in these regulations shall confer a

right to employment on an indefinite contract under these

regulations when a person is in an employment relationship

in the public service or in the public sector which has not

been made in accordance with the Constitution or with any

law which applies to employment in the public service or the

public sector.

Provided that if such an employment relationship

in the public service or in the public sector is terminated

after it has lasted for a period in excess of four years on the

grounds that it had not been made in accordance with the

Constitution or with any law which applies to employment

in the public service or the public sector, the employee whose

employment has been so terminated may claim compensation

from his former employer and may for this purpose refer his

case to the Industrial Tribunal, within four months from the

date of the said termination, and if the Tribunal is satisfied

that the reason for the termination of the employment was

that the employment was not made in accordance with the

Constitution or with any other law referred to above, it shall

grant an award of compensation which is, in the opinion of

the Tribunal, sufficiently effective and constitutes a deterrent

against abuse in the recruitment process and, in any case, such

compensation shall be calculated as one month’s wages for

each year in employment, provided that this amount shall not

be less than an amount equivalent to the total wages payable

to such a person for a six month period of employment.”

€0.19