Q: What happens when a fixed-term contract is being continuously renewed?
A: Employers usually use this tactic to deny employees of their rights because many employment rights and benefits require continuous employment for a certain amount of years. In Trinidad and Tobago, the government is the main offender. If this was a criminal offence, the government of Trinidad and Tobago would be public enemy #1.
However, despite this blatant attempt to deny rights of employees, employees will automatically achieve these rights in certain circumstances.
Extension (rolling-over) of contracts for a certain amount of times translates into what is called the right of expectation, which means that the employee will become a permanent employee - contract or not - and will begin to enjoy the rights as permanent employees. While there is not yet a set amount, it will usually begin after 4 years or the 4th renewal, whichever is sooner depending on contract lengths.
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While on this topic, I should also mention some things on the termination of fixed-term contracts. There is a popular belief, that employment AUTOMATICALLY ends when the contract expires, but this is NOT true. Usually, a fixed-term contract is used when there is a set piece of work to do. If that set piece of work has come to an end, the reason for non-renewal is likely to be redundancy, on the basis that the requirement for an employee to do the work has ceased or diminished.
However, if that is not the case, the dismissal can potentially be unfair if the employee has been hired for 12 months or more. Despite the contract "expiring", the reason for non-renewal MUST be a fair reason, and especially not due to an automatically unfair reason like pregnancy.
So everyone in T&T who did not have their contracts renewed when there was a change in government has a claim for unfair dismissal. I have heard that this is common practice in the country. Very sad. Very despicable.
A: Employers usually use this tactic to deny employees of their rights because many employment rights and benefits require continuous employment for a certain amount of years. In Trinidad and Tobago, the government is the main offender. If this was a criminal offence, the government of Trinidad and Tobago would be public enemy #1.
However, despite this blatant attempt to deny rights of employees, employees will automatically achieve these rights in certain circumstances.
Extension (rolling-over) of contracts for a certain amount of times translates into what is called the right of expectation, which means that the employee will become a permanent employee - contract or not - and will begin to enjoy the rights as permanent employees. While there is not yet a set amount, it will usually begin after 4 years or the 4th renewal, whichever is sooner depending on contract lengths.
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While on this topic, I should also mention some things on the termination of fixed-term contracts. There is a popular belief, that employment AUTOMATICALLY ends when the contract expires, but this is NOT true. Usually, a fixed-term contract is used when there is a set piece of work to do. If that set piece of work has come to an end, the reason for non-renewal is likely to be redundancy, on the basis that the requirement for an employee to do the work has ceased or diminished.
However, if that is not the case, the dismissal can potentially be unfair if the employee has been hired for 12 months or more. Despite the contract "expiring", the reason for non-renewal MUST be a fair reason, and especially not due to an automatically unfair reason like pregnancy.
So everyone in T&T who did not have their contracts renewed when there was a change in government has a claim for unfair dismissal. I have heard that this is common practice in the country. Very sad. Very despicable.
