Dáil Éireann Debate, Wednesday - 27 May 2026
79. Deputy Louis O'Hara asked the Minister for Education and Youth if her Department has assessed the number of teachers who remain in fixed-term employment contracts for five years or more; and if she will make a statement on the matter. [40359/26]
View answerAccording to information held by the Department, 264 teachers have been employed on fixed-term employment contracts for a period of five years or more. This data does not include teachers who are employed by ETBs.
As set out in an explanatory booklet published by the Department of Enterprise, Tourism and Employment, under the Protection of Employees (Fixed-Term Work) Act 2003, where an employee is employed by his or her employer or associated employer on two or more continuous fixed-term contracts, the aggregate duration of those contracts may not exceed 4 years.
Where a term of an employment contract purports to limit the term of the employment
contract of employees as set out in the legislation or the guidance document mentioned above, in contravention of the above rules set out in the legislation,
that term shall be void and of no effect and the contract concerned shall be deemed to be one
of indefinite duration – a permanent contract.
However, the above-mentioned rules do not apply where there are objective grounds justifying the renewal of a contract of employment for a fixed term only. An objective ground may, for example, be covering for a staff member absent on approved leave (with the exception of Career Breaks/Secondments).
It is a matter for each school/ETB as the employer to ensure that they are in compliance with the relevant legislation. In particular, schools/ETBs should ensure that any objective ground set out where a school/ETB has not offered a Contract of Indefinite Duration, is applied appropriately and in-line with the legislation.
As set out in Department Circulars 20/2026 and 21/2026, a teacher may qualify for the award of a CID on completion of one year of continuous service where the has satisfied the relevant criteria set out in the circular and the school has a viable post available.
