Section 46: Fixed-term work: Northern Ireland
115.This section is similar to section 45 in that it introduces a power requiring the Department for Employment and Learning in Northern Ireland to make regulations preventing less favourable treatment of fixed term employees and preventing abuse arising from the use of successive periods of fixed term employment.
116.The section requires the Department for Employment and Learning to make regulations in respect of fixed term employees. These regulations will implement directive 1999/70/EC and prevent pay and pensions discrimination against those in fixed term employment. In particular, these regulations may:
Prevent less favourable treatment of fixed term employees as compared to permanent employees
Specify circumstances in which fixed term employment is to have effect as permanent employment
Specify circumstances in which fixed term contracts are to be taken to be successive
Specify classes of person taken to be fixed term and permanent employees
Specify circumstances in which fixed term employees are taken to be, or not to be, treated less favourably than permanent employees
Amend provisions in specified enactments of primary legislation that allow for some or all fixed term employees to be treated less favourably than permanent employees.
117.This power is taken at the request of the Minister for Employment and Learning in Northern Ireland, and with the agreement of the Northern Ireland Executive. Although employment law is a transferred matter under the Northern Ireland Act 1998, an enabling section could not be included in a corresponding Northern Ireland Assembly Act, as Fixed Term Work Regulations are required to be made in Northern Ireland by 2002, and this leaves insufficient time for the passage of a Northern Ireland Employment Act with its own enabling section.
