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    temp contract, when am i permenant?

    Hi there,
    anybody know anythink about employment law? Im in a job temporary. I have been for almost two years. when is the job legally mine? It used to be two years, then i heard it was 18 months, can anybody help, ive tried googling it, but im getting too much information.

    16 Comments

    In their eyes it is temporary until they offer you a permanent contract.

    In the eyes of the law I believe it is one year.

    I think it depends on whether you work directly for the company or work for them through a agency.
    If its the 1st one then it should state this on the contract of your employment, or if you dont have one then speak to the personnel department, its usually 3 months or 12 weeks but this can be longer dependant on the company.
    If you work through an agency then you will always be a temporary staff member as techincally you work for the agency, if this is the case then speak to your manager at your work and ask them if they would be willing to take you on as a permanent staff
    HTH

    Banned

    I worked somewhere temporarily for over 5 years. Then they finally decided I was there to stay. :roll:

    starsparkle2311;5331026

    i would imagine it's yours when you get a contract saying it is:thumbsup:



    +1:-D

    do you work for an agency or the actual company,that is the key

    Original Poster

    no there is a legal period of time whereby the job is yours and you are automatically made permenant. The argument is " if you have been continuiously employed without a break in contract for ??? years then you are deemed fit to do the job and the job is yours". Thats how i got my last permenant job, i had been there for two years and the job was mine, no interview. that was five years ago.

    Original Poster

    i work for the nhs, im covering a post

    craig guy;5331097

    i work for the nhs, im covering a post



    you are directly employed by them? they pay you directly?

    Thought it was still 2 years...try CAB they will be able to help

    Supermod

    You need to look at the following. To determine whether someone is in a contract of service or a contract for services there is a threefold test.

    1. Control - how much control does the employer have over you? Do they tell you when and how to work?
    2. Organisation - are you part of an organisation such as a hospital.
    3. Multiple - this concerns all other facts (such as whether you use your own car for the business and had it painted in business colours etc.

    There are probably underlying reasons as to why you are not sure. For instance, you could be a secondment for someone on maternity leave etc.

    Original Poster

    craig guy;5331082

    no there is a legal period of time whereby the job is yours and you are … no there is a legal period of time whereby the job is yours and you are automatically made permenant. The argument is " if you have been continuiously employed without a break in contract for ??? years then you are deemed fit to do the job and the job is yours". Thats how i got my last permenant job, i had been there for two years and the job was mine, no interview. that was five years ago.



    boothy;5331127

    you are directly employed by them? they pay you directly?Thought it was … you are directly employed by them? they pay you directly?Thought it was still 2 years...try CAB they will be able to help



    can i ask what CAB is ?

    Supermod

    boothy;5331068

    do you work for an agency or the actual company,that is the key



    No it isnt. When you have a moment look up the case of Dacas v Brook Street Bureau.

    magicjay1986;5331152

    No it isnt. When you have a moment look up the case of Dacas v Brook … No it isnt. When you have a moment look up the case of Dacas v Brook Street Bureau.



    Thanks but I have a life,Op advised to contact CAB

    Supermod

    boothy;5331165

    Thanks but I have a life,Op advised to contact CAB



    You have a life which consists of giving ill advised advice on a forum. Some life you have :thumbsup:

    Original Poster

    Thank You All So Much, Im Going To Call Cab Right Now.

    magicjay1986;5331170

    You have a life which consists of giving ill advised advice on a forum. … You have a life which consists of giving ill advised advice on a forum. Some life you have :thumbsup:



    what bad advice did I give,as far as I am aware the only actual advice was to call CAB...

    craig guy;5331173

    Thank You All So Much, Im Going To Call Cab Right Now.



    all the best,hope you get the result you want
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