Annual Leave Entitlements

Wishbone Ash

Annual Leave Entitlements for a second Job

I am employed on a full time permanant basis and also have additional employment on a part-time/casual basis (approx 750 hrs PA). The two jobs are totally different and in no way connected with each other. My part-time job is not a 'cash-in-hand' type. It is totally above board and I pay income tax and PRSI on my earnings (with no tax free allowance obviously).

I always assumed that part-time employees were entitled to annual leave at the rate of 8% of the hours worked within that year. My second employer disputes this and says that it only applies to regular part-time workers and not to me, as I only work on a casual basis. AFAIK I am their only employee who works like this.

I do not have a signed contract but I do have a statement of the terms of employment - no mention is made about part-time /casual employees. It's no big deal as I consider it a hobby that i get paid for but I was just curious.

Any thoughts? Thanks.

quazzy

Yes, You are correct. You are intitled to 8% of hours worked as holidays. I worked on a similar basis myself during colleage and brought it to my eployers attention. He fobbed me off saying its only for full time permanent etc.... Bull Sh1t. So I rang and emailed the office of enterprise trade and employment and armed myself with the Working Time Act.

I think it here somewhere www.entemp.ie

oh wait here it is
http://www.entemp.ie/employment/rights_old/holidays.htm

Have a good read through and hopefully you can approach your employer about this.

Let us know how u get on?

Regards

Q

quazzy

What is my holiday entitlement?
Employees are entitled to four working weeks of paid holidays in a year. Holidays are earned on time worked by the employee.

************** This is Your Entitlement**********************
Employees who work less than 117 hours in a month earn their holidays at the rate of 8% of hours worked, up to a maximum of four working weeks in a year.
**************************************************
Employees who work more than 117 hours in a month earn their holidays at the rate of one third of a working week per month worked. For example an employee working five days per week earns 1.67(1 2/3) days holidays per month worked, similarly an employee working four days per week earns holidays at the rate of 1.33(1 1/3) days per month worked.

Wishbone Ash

Thanks quazzy,

My hours in the second job are very erratic: I could do 72 hours in one week and then not come in for a month, then do 12 hours, take a few more days off, then do 24 hours etc. The employment legislation does not appear to make any reference to averaging the hours accrued per week/month over the year. I think that this is what my employer is referring to.

I will contact the Department of Enterprise and Employment.

(I've being doing this for several years - anyone know if annual leave can be applied retrospectively. I would prefer to get paid in lieu but AFAIK that's illegal )

quazzy

Wishbone Ash wrote:

Thanks quazzy,

My hours in the second job are very erratic: I could do 72 hours in one week and then not come in for a month, then do 12 hours, take a few more days off, then do 24 hours etc. The employment legislation does not appear to make any reference to averaging the hours accrued per week/month over the year. I think that this is what my employer is referring to.

I will contact the Department of Enterprise and Employment.

(I've being doing this for several years - anyone know if annual leave can be applied retrospectively. I would prefer to get paid in lieu but AFAIK that's illegal )

This still falls under: "working less than 117 hours per month" as posted above.

If for example you work
Jan: 80 hrs
Feb: 40 hrs
Mar: 120 hrs

Then your entitlement is 8% of above hours worked
Jan: 6.4 hrs
Feb: 3.2 hrs
Mar: 9.6 hrs

Regardless of how eratic your hours worked are in any given month you still are entitled to the money.

Perhaps you should come to an arrangement every quarter and sum all the hours and get 8% and take cash or days off.

Regards,

Q