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Rights advice for contractor

  • 19-08-2004 9:55am
    #1
    Krusty
    Closed Accounts Posts: 75 ✭✭


    Hi folks,
    Apologies if this isn't posted in the right place, thought 'Work' was most relevant. Tiz a bit long winded aswell, but if anyone was in a similar situation and can gimmie some advice, please please do.

    I am currently contracting for a company in the west of Oireland. My situation is a bit complicated, but basically I'm here working for company X, on contract through a UK company, but getting paid through an intermediary(sp?) in Dublin.

    I've been here over 4 months, and I have had holidays booked since I started.
    I recently enquired of my uk employer, as to whether I would be paid for said holidays. They said to ask intermediary in Dublin, as technically, they are my 'employer' as I get paid from them.

    So I rang the chaps in Dublin and asked them, but was told that no, I wouldn't be paid for holidays as "we hold no monies back from you. You get every cent that we receive on your behalf, minus our little cut. It's not as if we're putting away 'holiday money' for you. Sorry.'

    Now me being a bit un-informed, I accepted this but later same day spoke to colleague at work and explained the story to them.

    Turns out this person is quite informed on rights etc., and told me that what I was told by crowd in Dublin is a load of crap, and that I am legally entitled to holiday pay.

    I rang the chap in Dublin back and politely asked him is he sure he has his facts right, as I heard that I should be paid for holidays. To be honest, I pussy-footed on the whole thing and the conversation ended as the previous one did. I'm not in this job long, am well paid and really like it here. Didn't want to jepardise it as I still wasn't 100% convinced I had my facts right.

    I spoke with the Citizens Info Bureau and was told the same(i should be paid for holidays), but they referred me to Employee Rights Org. I explained the story to them and got the official spiel : Working Time Act 1977, etc etc etc.

    So legally I AM entitled to holiday pay. Obviously it won't be a huge amount of days as I'm only in this job a couple of months, but as I've just bought a gaff, every cent counts, and this would help an awfull lot.

    My current position is I've printed all the relevant acts, laws etc, and am just building up the courage to ring yer man back again and sort this out.

    Obviously, biting the hand that feeds you isn't good for the job, so I rang the UK company that I actually 'work' for and told my boss the full story(sound lad). He totally agreed with me and told me that there isn't a hope in hell I'd be fired for pushing for what I'm legally entitled to, and if I needed, he'd get onto their legal dept. for assistance.

    This took nearly all the presure off me as my main concern was getting the boot, since the Employee Rights crowd told me that since I'm only in the job a few months, if I WAS fired, I couldn't get them for wrongfull dismissal.


    So before I bite the bullet and ring yer man in Dublin back:
    Has anyone been in this position before? If so, how was the resolution process? Any advice attal?

    Many thanks in advance.

    K.


Comments

  • #2
    Kernel32
    Registered Users, Registered Users 2 Posts: 640 ✭✭✭Kernel32


    I am a little confused, what do you mean you are on contract? Are you a sole trader? An LLC or an employee? If an employee then who is with holding your taxes for you? I assume you have a written contract, what does it say?


  • #3
    Krusty
    Closed Accounts Posts: 75 ✭✭Krusty


    Hey Kernel32,
    Thanks for the reply. When I say I'm a contractor, I mean I am a full-time, fixed term employee. I'm not a sole trader r anything fancy. This intermediary company in Dublin I'm waffling about take care of all things monitary - i.e. pay me, take care of taxes etc. I'm a bog-standard PAYE employee at the end of the day.

    The only contract I have was for the initial first month. It has been extended around 3 times since then. This was agreed verbally over the phone, and no new contract was sent out or mentioned. In this initial contract, it DOES state "The contractor will only be paid for time worked by the personnel and will not be paid for sickness or holidays or any other absence".

    This contract is from/for the company in the UK that I'm working for.

    Hope this clears it up a bit.


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