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Not Getting Payed For Public/Bank Holidays

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  • 13-04-2015 11:50pm
    #1
    thierry14
    Closed Accounts Posts: 1,480 ✭✭✭


    Hi.

    It has come to my attention that my wife doesn't get payed for the 9 public holidays we have per year.

    She doesn't get extra holidays for it either, nothing that I can see.

    She works in a private nursing that is open 24/7 all year, she is there 7 years, works full time 40hours+ per week and gets 20 days holiday per year.

    If she doesn't work the public holiday she doesn't get payed for that day, eg last bank holiday week she worked Tues - Fri and didn't get payed for Monday she was off.

    When she does work bank holidays she gets payed her 8 hours, plus another 8 hours eg double time, it should be triple time as in 8 + 8 + 8

    How can I solve this without getting her in trouble, she's begging me not to ring NERA, as she thinks they will know it's her and she will be in trouble in work.

    Is what they doing illegal?

    Will she get back dated pay if NERA get involved?

    Or is it not worth the hassle?

    Thanks for any advice.


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    #2
    dan786
    Registered Users Posts: 3,307 ✭✭✭dan786


    thierry14 wrote: »
    Hi.



    When she does work bank holidays she gets payed her 8 hours, plus another 8 hours eg double time, it should be triple time as in 8 + 8 + 8

    So she is getting double time for the bank holiday she works. Why should she get triple time?


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    #3
    thierry14
    Closed Accounts Posts: 1,480 ✭✭✭thierry14


    dan786 wrote: »
    So she is getting double time for the bank holiday she works. Why should she get triple time?

    Well yeah she doesn't have to get payed triple time.

    Most places pay you double time, plus pay you for the bank holiday eg triple time.

    She should get payed for the bank holiday even if she doesn't work, is my gripe.

    Do you have an answer for that one?


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    #4
    jjpep
    Closed Accounts Posts: 658 ✭✭✭jjpep


    So she gets paid double time if she works a bank holiday and if she doesn't work it she just gets her normal weeks wages? Correct?

    If that's the case, its kinda hard to see what the issue is. Or is it something else?


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    #5
    marco_polo
    Moderators, Science, Health & Environment Moderators Posts: 10,076 Mod ✭✭✭✭marco_polo


    This suggests it is most definitely not lega
    http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/public_holidays_in_ireland.html


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    #6
    thierry14
    Closed Accounts Posts: 1,480 ✭✭✭thierry14


    jjpep wrote: »
    So she gets paid double time if she works a bank holiday and if she doesn't work it she just gets her normal weeks wages? Correct?

    If that's the case, its kinda hard to see what the issue is. Or is it something else?

    If she works a bank holiday she gets payed double time.

    If she doesn't work a bank holiday,she gets nothing.

    Last week she didn't work Monday and didn't get payed.


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  • Options
    #7
    jjpep
    Closed Accounts Posts: 658 ✭✭✭jjpep


    Ok, so if she works the bank holiday she gets 6 days pay for that week but if she doesn't she gets 4? And no paid time off in lieu or similar?

    Doesn't sound right if that's the case then - the link above to the CI site looks a good starting place.


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    #8
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 51,687 Mod ✭✭✭✭Stheno


    thierry14 wrote: »
    If she works a bank holiday she gets payed double time.

    If she doesn't work a bank holiday,she gets nothing.

    Last week she didn't work Monday and didn't get payed.

    Double time is fine if she works it, but im not sure if she is entitled to be paid if she doesn't given the nature of her contract


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    #9
    thierry14
    Closed Accounts Posts: 1,480 ✭✭✭thierry14


    Stheno wrote: »
    Double time is fine if she works it, but im not sure if she is entitled to be paid if she doesn't given the nature of her contract

    That's what I am looking to find out.

    I thought it was law for full time workers to get payed bank holidays in Ireland.


  • Options
    #10
    toadfly
    Registered Users Posts: 3,412 ✭✭✭toadfly


    Please stop saying payed, it's paid.

    She is entitled to payment for the bank holiday if she doesn't work it. Contact NERA for advice, don't give the employers name if you dont want at first. Just ask generally.


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    #11
    [Deleted User]
    Posts: 50,630 ✭✭✭✭ [Deleted User]


    Is her wage lower on a week which has a bank holiday than on a week which does that have a bank holiday?


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    #12
    thierry14
    Closed Accounts Posts: 1,480 ✭✭✭thierry14


    Deleted User wrote: »
    Is her wage lower on a week which has a bank holiday than on a week which does that have a bank holiday?

    If she's not working the bank holiday it is.

    Her boss keeps staff to a minimum on bank holidays.

    Last week she worked 4 days ( Tues - Fri ) and got paid for those 4 days.

    I have contacted Nera and awaiting a reply.


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    #13
    ohbygod
    Registered Users Posts: 187 ✭✭ohbygod


    If you work full time hours 5 weeks previous to the bank holiday you have to get paid for it if you dont work it. Its the law. You can request an inspector to come in and check the wages. You dont have to give your name


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    #14
    ibarelycare
    Registered Users Posts: 58,456 ✭✭✭✭ibarelycare


    She's definitely entitled to get paid a full day for the public holiday.

    Even when a public holiday falls on a day on which you're not usually scheduled to work, you're entitled to get paid 1/5 of your normal working week for that day e.g. if you work Tuesday - Wednesday earning €300 for the three days, and a public holiday falls on a Monday, you're entitled to an extra €60 for that week.


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    #15
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    If you don't have fixed working hours, you're entitled to be paid for a bank holiday as one-fifth of your average weekly pay over the last 13 weeks.


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