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Holiday Pay Question

  • 05-11-2006 9:01pm
    #1
    Closed Accounts Posts: 10


    I've just been made redundant from a part-time job which I had since May 2005, and am confused about how to go about getting my holiday pay. My problem is that I have absolutely no idea how many hours I've worked because my timetable changed dramatically from week to week, but it's definitely more than the 40-hour-a-month minimum required for holiday pay.

    Obviously, I'd go to my employer and trust them to calculate it, if they weren't dodgy people who I strongly suspect would try to do me out of money if they could. I don't believe they have accurate records of my hours either, since they tend not to do things by the book...

    I wonder if anyone might be able to advise me on the problem... thanks.


Comments

  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Your are entitled to 8% of your gross pay as holidays.


  • Registered Users, Registered Users 2 Posts: 25,038 ✭✭✭✭Wishbone Ash


    ray900 wrote:
    I don't believe they have accurate records of my hours either, since they tend not to do things by the book
    They are legally obliged to keep records. If they don't, it gives you an opportunity to generously estimate what you are owed. They will not be in a position to contradict it without their records. Remind them of their responsibilities under The Organisation of Working Time Act 1997.




    The introduction of Organisation of Working Time (Records) (Prescribed Form and Exemptions) Regulations, 2001 means that all employers are required to keep detailed records of start and finishing times, hours worked each day and each week and leave granted to employees. This legislation is part of the Organisation of Working Time Act, 1997.

    The new legislation requires employers who do not have a way of recording employee working hours electronically (i.e., using a clock-in system) to complete a special form called the OWT1 on a daily and weekly basis. Employers must also keep a copy of the statement provided to each employee under the Terms of Employment (Information) Act, 1994 to 2001. Under the new legislation (subject to certain conditions), employers will be exempted from recording details of rest breaks and rest periods of employees, under the Organisation of Working Time Act, 1997.

    Employers who fail to keep records under these Regulations are guilty of an offence and are liable on summary conviction to a fine not exceeding 1,900 euro.


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