LEArNiNG ObjEcTivEs MANAGING FIXED-TERM EMPLOYEES · annual leave – all employees are entitled to...

ManaGinG FiXed-terM eMPLoYees

LEArNiNG ObjEcTivEs

at the end of this module participants will:

understand the nature of fixed-term employment »

understand their role in ensuring that fixed-term employees »receive equal treatment in all aspects of employment

Be able to draw up and issue the correct contract »

Be able to renew fixed-term contracts correctly »

understand the meaning of the term “contract of indefinite »duration”

understand how a fixed-term contract becomes a contract of »indefinite duration.

TiME

15.15 to 16.30

PrOcEss

introduce the module as per this guide and communicate your expectations of the participants. Follow the steps in the dVd and use the Leader’s Guide to steer the group through the interactive phases. explain the learning objectives and the legal framework. refer as appropriate to the reference Book to allow for interaction and to make notes.

MATEriALs NEEdEd

dVd »

reference Book »

Flip Chart »

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ModuLe 7 – tHe ManaGeMent oF FiXed-terM eMPLoYees

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iNTrOducTiON

show slide 1:

show slide 2:


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LEArNiNG ObjEcTivEs ANd LEGAL FrAMEwOrk

show slide 3:

show slide 4:

say something like:

When you have completed this module you will be able to:

describe the legal framework »

understand your role in ensuring that fixed-term employees receive equal »treatment in all aspects of employment

Be able to draw up and issue the correct contract »

and you will also understand how a fixed-term contract becomes a contract of »indefinite duration.


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show slide 5:

show slide 6:

Make the following key point:the legislation underpinning the employment of fixed-term employees is the Protection of employee (Fixed-term Work) act and the unfair Dismissals acts.


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show slide 7:

Make the following key point:the first piece of legislation is the Protection of employee (Fixed-term Work) act. this regulates the employment of fixed-term employees. Later in this module we will look at the provisions of this act in detail.

show slide 8:

Make the following key point:the unfair Dismissals acts 1977 to 2007 protect employees with 1 year’s service from unfair dismissal. therefore temporary employees cannot be let go merely because of their temporary status and the termination must be in line with the provisions of the unfair dismissals acts.


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show and read slide 9:

show slide 10:

say something like:

all contracts of employment issued to temporary employees should either have a specific termination date or state the specific event which will bring about their termination.

in essence fixed-term employees are employed for a limited period of time, e.g. from the 1st january to the 31st december of a given year; or they might be employed for a specific purpose, e.g. to work under a specific initiative or to fill a post pending its permanent holder returning from his/her career break/sick leave/maternity leave.


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171

MANAGiNG FixEd-TErM EMPLOyEEs

show slide 12:

show slide 13:

say something like:

there are two aspects to the management of fixed-term employees:

ensuring equality of treatment and performance of fixed-term employees »

Managing the contracts of employment of fixed-term employees. »

How should fixed-term staff be treated by the organisation?

Brainstorm with the group how fixed-term employees should be treated in the organisation. Write on to the flip chart.


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ENsuriNG EquALiTy OF TrEATMENT ANd PErFOrMANcE

show slide 14:

say something like:in the past employers sometimes paid less attention to the employment of fixed-term (temporary) employees due to the mistaken belief that they did not have the same legal entitlements as permanent employees. some common attitudes were:

He/she was only “temporary” so we did not feel that it was worth the effort »

He/she was only “temporary” so we knew that we could let him/her go when »the right opportunity presented itself

everyone knew he/she wasn’t suitable but nobody felt it was their responsibility »to warn or counsel him/her.

show slide 15:

say something like:Because of these attitudes some managers might not have paid the same attention to the performance of temporary employees. these employees may not even have had a proper induction, or been made aware that they were not performing to the required standards.


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show slide 16:

Make the following key points:

the Protection of employees (Fixed-term Work) act provides that employees »on fixed-term contracts are entitled to the same terms and conditions of employment as their permanent counterparts

it also provides that these employees are entitled to be treated in the same »manner as comparable permanent employees, unless the difference in treatment can be objectively justified

this means that you should also apply the same standards to the management »of your fixed-term staff as you do to your permanent staff.


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show slide 17:

say something like:

so what does this mean for us as managers? Let’s go through some examples of how you can apply the same standards of management to your fixed-term employees:

Where practicable, they should undergo the full rigours of the recruitment »process to ensure that a suitably qualified candidate is selected

they should be provided with an opportunity to undertake the organisation’s »induction programme

they should have their performance monitored at the beginning of their »employment in the same manner as permanent staff undergoing probationary periods. this allows you to establish the employee’s suitability for the position and help you deal with any deficiencies that may arise

they should undergo performance management review procedures in the »same way as permanent employees

they should have the same conditions of employment as permanent »employees.


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show slide 18: Louise Playlet, segment 1

show slide 19:

say something like:

What could have prevented this situation from happening?

show slide 20: Louise Playlet, segment 2

Louise is a Clinical nurse Manager. she took on Clare as a temporary Healthcare assistant. on the day Clare started, Louise was busy so Clare went straight to the ward. Later Louise saw Clare giving a patient medication from her handbag to relieve a toothache.

Louise realises that she was partly responsible, because she did not arrange for Clare to go through the induction process when she started. this may have prevented the situation.


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show slide 21:

say something like:

examples of conditions of employment which should apply equally to fixed-term employees include:

annual leave – all employees are entitled to the same amount of annual leave. »if a fixed-term employee is employed for less than an annual leave year they are entitled to the annual leave on a pro-rata basis to their permanent counterpart; e.g. employees on a six-month fixed-term contract are entitled to half the annual leave entitlement of comparable permanent employees.

Maternity leave – all fixed-term employees on maternity leave are entitled »to receive maternity pay, where it is paid to permanent employees. However should the fixed-term contract expire before the end of the maternity leave, maternity pay will not be paid beyond the expiry date of the contract (there are different arrangements for nCHds)

access to overtime »

access to weekend or night duty »

access to training »

access to promotion – all fixed-term service must be reckoned the same as »permanent service for the purpose of access to permanent competitions.


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show slide 22:

say something like:

While some benefits are standard contractual rights, other benefits serve to enhance the motivation, commitment and morale of employees. Certain benefits can help foster better performance levels and enable staff to achieve their career potential. these include:

Performance reviews »

Personal development planning or »

any other treatment which helps the employees to perform the job to the best »of their ability.

show slide 23:

say something like:

the rules covering statutory leave entitlements apply in the same manner to »fixed-term employees.

these statutory leave entitlements include maternity leave, parental leave, »adoptive leave, Force Majeure leave, annual leave and public holidays. they all have their own qualifying conditions.


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show slide 24:

say something like:

the legislation has specific provisions when it comes to the advertisement of job vacancies:

You are required to formally notify all fixed-term employees of any permanent »vacancies that arise. it is particularly important to inform fixed-term employees when permanent posts are advertised

this can be done by placing an advertisement in a suitable public location »

this obligation applies to promotional posts as well as posts at the same level »as the fixed-term employee.



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show slide 27:

Q. ask participants if they think equal treatment should apply in this case?

Q. What are the consequences of the decision not to send her on the training course?

You are trying to reach the conclusions that jane may feel:

de-motivated »

de-valued »

although she worked as hard as any of her permanent colleagues, this has not »been recognised.


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show slide 28:

say something like:

Managing fixed-term employees in the same manner as their permanent counterparts should enhance their

Motivation »

Commitment »

Morale »

However, an employer may be able to objectively justify different treatment of fixed-term staff.

Can you think of any times when it may be ok to treat your fixed-term employees differently?

run the Fixed-term Contracts activity.

set up an exercise with groups of about 4/5 people. Groups to brainstorm what they know about fixed-term contracts under the following headings

Purpose »

duration »

reasons for termination »

renewal »

Permanency. »

each group will use two flip chart pages and will report back sequentially. each consecutive group will report only exceptions to the previous groups to speed up the reports. trainer corrects where necessary. the following slides can be handled quickly if most of the learning has been done.


181

issuiNG FixEd-TErM cONTrAcTs

show slide 29:

say something like:

traditionally in the health services, fixed-term employees were issued with “temporary contracts” which gave no consideration to the purpose or expected duration of their employment. these contracts were frequently renewed on a number of occasions and resulted in situations where employees were unaware of how long they would be kept in their employment. the fixed-term work legislation aims to eliminate the abuse associated with this type of practice.

When issuing fixed-term contracts we must outline the purpose and duration of the contract.

show slide 30:

say something like:

the Proctection of employees (Fixed-term Work) act stipulates that very specific information must be communicated to employees in their contract of employment. this obligation extends to the initial contract and any subsequent renewals.


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show slide 31:

say something like:

We’ll firstly look at the initial fixed-term contract. the legislation now requires you to outline in a temporary employee’s contract what will bring about the termination of their employment.




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show slide 35:

say something like:

When a fixed-term employee is employed for a purpose where the length of time they will be needed is not known, a specific purpose contract should be used. this contract should outline the specific purpose for which they are being employed and the specific event that will bring about the contract’s termination.


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rENEwiNG cONTrAcTs


show slide 40:

say something like:to renew the fixed-term contract the employer must again specify the job as well as the grounds that will bring about the termination of the contract in writing. in addition the employer must advise the employee in writing of the:

objective reasons for the renewal of the fixed-term contract, for example »another employee has gone on parental leave

and the reason as to why the employee involved is not being offered a »permanent contract.

the requirement to state the objective reason justifying the renewal means that you can no longer simply renew on the basis that there is a continuing need for temporary employees. the specific reason for the renewal must be stated – for example, additional project funding has become available. this reason must be genuine rather than a mere assertion.


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show slide 42:

say something like:

You must satisfy yourself that you have no option but to renew the contract on a fixed-term basis and there are genuine reasons for not offering the employee a contract of indefinite duration.


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say something like:

Let’s have a look at a couple of exercises. Write down the details which must be inserted into the renewed fixed-term contracts in the following situations.


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191

AuTOMATic PErMANENcy

show slide 52:

say something like:

in essence the legislation provides that a fixed-term employee, who has at least one contract renewal, is entitled to a permanent contract once their employment exceeds 4 years.

For example, an employee whose two year initial fixed-term contract is subsequently renewed will be automatically deemed to have a contract of indefinite duration when a four year aggregate has been exceeded.

show slide 53:

say something like:

therefore if a person is kept on, for example to cover a long term sick leave, then covers a maternity leave, then covers a parental leave, etc, and their total employment exceeds 4 years, the fixed-term designation has no status and the employment contract concerned is now legally a permanent contract.


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show slide 54:

say something like:

it is frequently asked how the conversion takes place. the answer is that it happens automatically through the operation of the law. it cannot be made dependent on certain conditions by the employer, e.g. subject to satisfactory references or undergoing a medical assessment.

show slide 55:

say something like:

automatic permanency happens without regard to the employee’s work performance. the Line Manager, in reality, has no say in the conversion. this reinforces the requirement to monitor the performance of the fixed-term employee at the early stages of their employment, not after they have 4 years service.


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LEArNiNG ObjEcTivEs MANAGING FIXED-TERM EMPLOYEES · annual leave – all employees are entitled to...

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