PLEASE REFER TO THE ACCOMPANYING CHECKLIST TO ASSIST WITH THE COMPLETION OF THIS CONTRACT AS WELL AS THE GUIDANCE NOTE REGARDING GENERAL EMPLOYMENT ISSUES
CONTRACT OF EMPLOYMENT OF TEACHER-FIXED TERM [UPDATED JULY 2016]
THIS AGREEMENT is made on the day of [INSERT DATE] 20 [INSERT YEAR]
BETWEEN
(1) THE BOARD OF MANAGEMENT OF [INSERT NAME OF SCHOOL] of [INSERT ADDRESS OF SCHOOL AND ROLL NO.] (the “Employer”)
AND
(2) [INSERT NAME OF FIXED TERM EMPLOYEE] of [INSERT ADDRESS OF FIXED TERM EMPLOYEE] (“the Employee”)
IT IS HEREBY AGREED AS FOLLOWS:-
1.00 POSITION AND DUTIES
1.01 The Employer agrees to employ the Employee as a FULL TIME/PART TIME (DELETE AS APPROPRIATE. IF PART TIME INSERT THE NUMBER OF HOURS) fixed term teacher.
1.02 The Employee will report to the School Principal or to a person delegated by the School Principal/Board of Management as appropriate. The Employee will initially be employed as fixed term teacher with initial duties as [INSERT TITLE – a CLASSROOM/EAL/RESOURCE/LEARNING SUPPORT ETC TEACHER – DELETE AS APPROPRIATE]. The Employee’s duties will include those specified in the job description attached hereto [ENSURE JOB DESCRIPTION IS ATTACHED-SEE APPENDIX]. The specified duties are not an exhaustive or exclusive list of the Employee’s duties. The Employer reserves the right in its sole discretion to vary, amend or add to the duties as required. The Employee must be prepared to undertake such other related work as may be assigned by the Employer from time to time. Such work may be outside the area of the Employee’s normal duties. The Employee will perform his/her duties and responsibilities in accordance with law, the policies of the Employer, the Rules for National Schools and Department of Education and Skills Circulars & guidelines. The Employee acknowledges that s/he has been informed that the School has a Catholic ethos and that it is the duty of the Employee to uphold, and be accountable to the Employer for so upholding, the Catholic ethos of the School, as determined by the Patron of the School.
1.03 The Employee further agrees to undergo/participate in any training (including but not limited to professional development/in-service) as may be required from time to time by the Employer.
2.00 Date of Commencement and Term of Contract
2.01 The Employee’s employment with the Employer will commence on [INSERT DATE]. The Employee is engaged on a Fixed Term Contract which will expire on [INSERT DATE UPON WHICH THE FIXED TERM WILL EXPIRE. IF THE TEACHER IS EMPLOYED AFTER THE 1ST WORKING DAY IN NOVEMBER IT IS VITAL TO ENSURE THAT THE TERMINATION DATE IS THE LAST SCHOOL DAY IN JUNE (IF NOT SOONER) AS OTHERWISE THE BOARD OF MANAGEMENT MAY BE LIABLE TO PAY FOR THE MONTHS OF JULY AND AUGUST OUT OF ITS OWN FUNDS. WHERE THE TEACHER IS EMPLOYED ON OR BEFORE THE 1st WORKING DAY IN NOVEMBER AND PROVIDED THE CONTRACT IS FOR A FULL SCHOOL YEAR THE TERMINATION DATE IS THE DAY BEFORE THE SUBSEQUENT SCHOOL YEAR BEGINS I.E. THE DAY IN AUGUST BEFORE RE-OPENING FOR THE NEW SCHOOL YEAR]
(IF IT IS PROPOSED TO ALSO MAKE PROVISION FOR OTHER EVENTUALITIES E.G. THE TEACHER WHO IS BEING REPLACED BEING RECALLED TO THE SCHOOL DURING THE SCHOOL YEAR, THE FOLLOWING CAN BE INSERTED “This Fixed Term contract will expire on [INSERT DATE] or when (the teacher that you are replacing is recalled to the school) whichever happens the sooner unless otherwise terminated in accordance with the provisions of this Fixed Term Contract”).
2.02 Further, the Employee agrees that the provisions of the Unfair Dismissals Acts 1977 -2007 shall not apply to termination of the Employee’s employment where such termination occurs by reason only of the expiry of the fixed term/specified purpose as provided for herein.
2.03 For the purposes of Section 8 of the Protection of Employees (Fixed Term Work) Act, 2003, the Employer affirms that it cannot offer a contract of indefinite duration and therefore the Employee is offered this Fixed Term Contract/this further Fixed Term Contract (DELETE AS APPROPRIATE) on the following objective grounds:
This Fixed Term contract (DELETE THE FOLLOWING THAT ARE NOT APPROPRIATE)
2.03.1 is required to replace an employee who is on authorised leave for a fixed term period and whose post cannot be filled on a permanent/ contract of indefinite duration basis in his/her absence
OR
2.03.1 is required to facilitate a job-share arrangement for a fixed term period between two employees in the School and whose posts cannot be filled on a permanent/ contract of indefinite duration basis
OR
2.03.1 derives from the creation of a fixed term post to cater for certain pupils (e.g. special class, language support post etc.)
(IF THE OBJECTIVE GROUND IS NOT CONTAINED IN THE ABOVE EXAMPLES INSERT THE CORRECT OBJECTIVE GROUND AND DELETE ALL THE EXAMPLES ABOVE)
2.04 The Employee accepts the objective grounds and agrees that the contract offered is on a fixed term basis that cannot be offered as a contract of indefinite duration.
2.05 The Employer agrees to notify the Employee of any vacancies that become available for a permanent teaching post during the course of this contract. Notification shall be given by way of (INSERT MANNER IN WHICH EMPLOYER WILL NOTIFY FIXED TERM TEACHERS OF VACANCIES FOR A PERMANENT TEACHING POST)
2.06 (INSERT OR DELETE THIS CLAUSE AS APPROPRIATE- THIS CLAUSE SHOULD BE INSERTED WHERE THE POSITION ARISES FROM HOURS THAT ARE TEMPORARY (FULL TIME/PART TIME). THIS CLAUSE SHOULD BE BROUGHT TO THE SPECIFIC ATTENTION OF THE FIXED TERM TEACHER)
This Fixed Term position derives from the allocation by the Department of Education and Skills/National Council for Special Education of hours on a temporary basis to cater for certain pupils:-
2.06.01. If during the term of this Fixed Term contract the hours allocated to the school are increased so as to create an entitlement to a permanent post, this Fixed Term contract will thereupon terminate and the Employee will be entitled to receive notice in accordance with the provisions of the Minimum Notice and Terms of Employment Acts 1973 - 2001.
2.06.02. If during the term of this Fixed Term contract the hours allocated to the school are reduced, the Employee’s working hours and salary will be reduced accordingly.
2.06.03. If during the term of this Fixed Term contract the hours allocated to the school are withdrawn, this Fixed Term contract will thereupon terminate and the Employee will be entitled to receive notice in accordance with the provisions of the Minimum Notice and Terms of Employment Acts 1973 - 2001.
2.06.04 If during the term of this Fixed Term contract additional (DELETE REFERENCE TO “ADDITIONAL” IF NOT APPROPRIATE) hours are allocated to the employee after the first working day in November and such hours are exhausted, reduced or withdrawn prior to the end of the school year, the said additional (DELETE REFERENCE TO “ADDITIONAL” IF NOT APPROPRIATE) hours and salary will be reduced accordingly.
3.00 PLACE OF WORK
3.01 The normal place of work will ordinarily be the School. The Employee may be required from time to time to work and/or travel outside of the normal place of work. In such circumstances, the Employer will endeavour to give the Employee as much notice as is reasonably possible. However, there may be occasions when it is not possible to give the Employee such notice.
4.00 HOURS OF WORK
4.01 The Employee’s hours of work will be in accordance with the Rules for National Schools and Circulars issued from time to time by the Department of Education and Skills.
4.02 The Employee is entitled to unpaid rest breaks in accordance with the Organisation of Working Time Act 1997.
4.03 The rostering of the hours of work/supervision may be changed at the discretion of the Employer.
4.04 The Employee hereby agrees to fully co-operate in assisting the Employer to maintain accurate records of his/her working hours for the purposes of the Organisation of Working Time (Records) (Prescribed Form and Exemptions) Regulations 2001. It will be necessary for the Employee to sign an attendance sheet when arriving at and leaving work. The Employer must be notified of all external work. Any external work engaged in must not be such as to interfere with the fulfilling of the Employee’s duties and responsibilities to the Employer. The contract may be terminated in the event that the Employee’s work, when calculated in the aggregate, exceeds the limits provided by the Organisation of Working Time Act.
5.00 REMUNERATION
5.01 The Employee’s salary and emoluments shall be paid by the Department of Education and Skills as determined by the Minister for Education and Skills and/or in accordance with the Rules for National Schools and/or the Department of Education and Skills Circulars as appropriate and is subject to all necessary payroll deductions. The method and frequency of payment shall be on the same basis. The Employee hereby acknowledges that in the event that the Department of Education and Skills ceases paying the Employee this Agreement shall terminate automatically, this shall not however affect the Employee’s entitlement to avail of unpaid statutory leave.
5.02 Overtime is not payable.
6.00 BENEFITS
6.01 Pension arrangements shall be in accordance with the rules and regulations of the Department of Education and Skills as are determined by the Minister for Education and Skills and/or in accordance with the Rules for National Schools and/or Department of Education and Skills Circulars as appropriate.
7.00 HOLIDAYS
7.01 The Employee’s holiday entitlements shall be as determined by the Minister for Education and Skills and/or in accordance with the Rules for National Schools and/or the Department of Education and Skills Circulars as appropriate.
7.02 The Employee will be entitled to the benefit of statutory public holidays in accordance with the Organisation of Working Time Act, 1997.
8.00 LEAVE
8.01 The provisions regarding leave entitlements and obligations including those relating to sick leave shall be as determined by the Minister for Education and Skills from time to time and/or in accordance with the Rules for National Schools and/or the Department of Education and Skills Circulars and/or as agreed between the Minister for Education and Skills, the Management Bodies and the Unions as appropriate.
8.02 There is an occupational health service scheme for teachers operated by the Department of Education and Skills. The Employee agrees and undertakes to co-operate fully with this scheme. In addition, the Employer, to satisfy itself of the Employee’s fitness for work, reserves the right to have the Employee examined by a medical practitioner or specialist nominated by the Employer, at the Employers expense, and the Employee agrees and undertakes to co-operate fully with any such request. The Employee hereby authorizes such medical practitioner or specialist to disclose the results of his/her examinations to the Department of Education and Skills and the Employer.
8.03 If the Employee is absent from work for any reason the School Principal should be informed within thirty minutes of the Employee’s start time, on the first day of absence and each day thereafter. If absent from work on sick leave for more than 3 consecutive school days, an acceptable medical certificate (as per the Department of Education and Skills sick leave scheme for registered teachers in primary and post primary schools) must be furnished to the School Principal.
9.00 REGISTRATION WITH THE TEACHING COUNCIL
9.01 The Employee’s employment is subject to and conditional on:-
(INSERT WHICHEVER ONE OF THE FOLLOWING APPLIES:-
Where a teacher is registered with the Teaching Council insert “continued appropriate registration with the Teaching Council. Failure to maintain the appropriate registration, removal and/or suspension from the Teaching Council Register will result in the immediate termination of this Fixed Term contract which termination shall be no later than the date of expiry, removal or suspension from the Teaching Council Register. The Employee will be entitled to notice in accordance with the provisions of the Minimum Notice and Terms of Employment Acts 1973 - 2001. Without prejudice to the above the employment contract will terminate upon the expiry of the fixed term/specified purpose as provided for herein for which the Employee was employed.”
Or
Where a teacher is conditionally registered with the Teaching Council insert “This contract is conditional on the Employee obtaining unconditional registration with the Teaching Council. The Employee is appointed on a provisional basis pending obtaining same. It is agreed between the parties and understood that this Fixed Term contract of employment shall be terminated by the Employer where the Employee does not obtain unconditional registration within the original period specified by the Teaching Council. Failure to maintain unconditional appropriate registration, removal and/or suspension from the Teaching Council Register will result in the immediate termination of this Fixed Term contract which termination shall be no later than the date of expiry, removal or suspension from the Teaching Council Register. The Employee will be entitled to notice in accordance with the provisions of the Minimum Notice and Terms of Employment Acts 1973 - 2001. Without prejudice to the above the employment contract will terminate upon the expiry of the fixed term/specified purpose as provided for herein for which the Employee was employed.”