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mossy
27-08-2012, 11:34 PM
My work contract expired a month ago but I've been asked to keep working with no definitive dates. Is this legal?

Qld IR Consultant
28-08-2012, 12:46 PM
Common law contract or purely a letter of offer backed by an agreement or award?

Moz
28-08-2012, 01:23 PM
There is nothing "illegal" about it and it's a very common scenario when working through recruitment companies on a contract basis. Indeed most contracts would have a clause allowing the arrangement to continue after the expiry of a fixed term.

There are many thousands of people in the workforce in this situation.

However, whether you are working through an agency or direct with an employer, it is usually in the interests of both parties to understand and agree on what terms the employment is continuing, because certain terms of the fixed term contract may no longer apply, it's no longer fixed term for a start!

Tiger
29-08-2012, 02:58 PM
I imagine Mossy wants to know if he/she still has a job.. what is happening longer term? This kind of lapse in fixed term contracts kind of leaves the fixed termer in no man's land.

What's the reason for the fixed term contract in the first place?
a) Was it to cover an absentee employee (eg parental leave) or
b) you were legally only able to work for a restricted time frame due to a working visa
c) or was it to try you out (try before they buy scenario) or
d) was it they don't have a permanent head count so got around temporarily filling the job by appointing you as a fixed termer or
e) was it for a special project with a limited time span????

Depending on reason is how I'd approach this one.
For a) retaining you is dependent on when the job owner is returning to work (she could, in reality be gone for up to two years).
For b) N/A if you are an Aussie
IF c) or d) - I would go to your HR Dept and point out that your contract has expired and ask what they plan to do about it?
e) if project not finished that could be a reason?
If you can't get a straight response from them, I would tell them then that it is obvious you need to start looking for another job - that might get their attention if they were intending to keep you.

From an employer's point of view, I think this employer is a bit slack - it could of course merely be an oversight and they're overlooked this, in which case will appreciate being reminded. But are you still being paid (assuming you've been hired direct (not thru an agency)? Payrolls normally cut people off once the fixed term date is reached.

Very odd indeed - you definitely need to make yourself known and get answers if you want to stay on there. If not, starting looking and move on.

Moz
29-08-2012, 11:35 PM
Very odd indeed

Tiger, I can assure you this is not odd, it is very common.

Certainly from an agency perspective. I used to run a recruitment company with around 150 contractors and it was rare for a person to actually finish up at the end of the fixed term. In the vast majority of cases our contractors were kept on way beyond their original fixed term.

Sometimes they would go permanent, but even then it was rarely at the end of the fixed term. We had people who we put into a contract for a 2-3 weeks and they were still there 2 years later.

The reasons for this varied, often it was lack of permanent headcount.

I would be very surprised if it is not the same with temp/contract staff who are employed directly.

Sure, there are some employers that are on top of it and would not let it happen, but there are many who routinely employ contractors past their initial fixed term.

Tasman McManis
30-08-2012, 02:02 PM
Hi Tiger,

I'm with Moz. Having been personally involved with these types of arrangements for many years, there is usually plenty of flexibility. Most arrangements have something like a week's notice (could be 1 month if it is a fixed term contract) and they can be extended or shortened depending on the cirucmstances.

Where the contract period has expired the person should approach the relevant manager to findout what is happening. It is usally better to approach the person 4-6 weeks before the period is due to expire. There have been occasions where the relevant manager is so use to you being around, they have forgotten that you are not a permanent employee and that your contract is due to end.

As with most people matters you are better off controlling your own destiny and addressing the issue early and not after the fact when the contract term has expired.