Is This Legal?

Le Rack

Hi, so having some issues with my wages. Work with a large national company. Started with them in late October/early November. When I started I cleared with my manager that I was going away for a week in January and that I could have the week off, that was no problem. The week before said trip I checked the roster only to discover I was down for hours that week. I went to my dept. manager who I originally cleared it with as well as two other managers, who said it would be sorted. I had no word, all that week so I went directly to the woman in charge of rosters, wages etc. who said I wasn't allowed two weeks paid holidays as I hadn't been working there long enough. I said that I hadn't asked for two weeks off, let alone to be paid, and that I had cleared it in November with one manager and another two managers that week. The day before I was due to head off my dept. manager said it was fine, I had the week off.

Pay day of my week off came and I got paid, hadn't expected to at all but didn't complain, guessed I had gotten holiday pay for some reason. However pay day rolled around last week and I didn't get paid. Went to my managers who left word to get it sorted. Human resources woman came after me today and asked me what was wrong, I just said I hadn't been paid and was wondering why. She looked at me like I was stupid and her exact words were "yeah that's 'cause you weren't here" I went on to explain that I had gotten paid the week I was off but not this week, so was just wondering, she continued with "yeah well you weren't here, you can't get paid for not working, you shouldn't have been paid last week, that was <dept. managers name>'s fcuk up"

So I'm just wondering does anyone know if that's allowed? As far as I was aware they can't give me money, whether I work or not, then realise oh no, and not give me money for hours I HAVE worked, and basically take it back.

And to top that off, over christmas/new year a number of staff left so we were all given extra hours, and there was a problem with clocking due to all this and I only recieved wages for 11hrs when I worked 40+hrs that week. This happened to other staff and when they brought this issue to human resources (same woman) she told them that the extra wages had been added to their forthcoming wages, however this was not done. I don't know how much short my colleagues were but I was at least €400 short...

Any help much appreciated!

AARRRGH

Well, first of all, everyone is entitled to holiday pay. How many hours have you worked for this company?

Le Rack

altogether? lord! emm...a lot...basically full time since november

they say though that you gotta be working for them for six months before you're entitled to even ask for holiday, let alone to get paid holiday time

Dirk Gently

you get one day and a half for every month you work.

Le Rack

holiday time?

it's not even that though, it's the fact that as far as I can see I'm short €600-€700...

AARRRGH

Le Rack wrote: »

altogether? lord! emm...a lot...basically full time since november

they say though that you gotta be working for them for six months before you're entitled to even ask for holiday, let alone to get paid holiday time

Employers are allowed choose (within reason) when you can take your holidays, but by claiming you don't qualify for holidays for six months - that's illegal.

A rough guide for calculating your holidays is 8% of the hours you've worked.

You can make a complaint to the Rights Commissioner using this form: http://www.lrc.ie/documents/work/newforms/OrgWorkingTimeAct.pdf

What company do you work for?

Le Rack

Dunnes...didn't know if I could mention names...

I don't mind so much about the holidays, I got mine, and they're pretty good with organising days off when you need them as long as you give them notice, it's the pay thats really bothering me...trying to contact NERA, but my gmail refuses to open for some reason, anyone else having trouble with it tonight? :rolleyes:

AARRRGH

You should get paid for your holidays. The HR person is useless (surprise, surprise). Could you e-mail your case to her manager?

Le Rack

Don't need to email her manager, I get on great with nearly all the managers in it, I'll speak to whoever I can tomorrow, if not all of them.

thank you

Sherifu

Le Rack wrote: »

.......but my gmail refuses to open for some reason, anyone else having trouble with it tonight? :rolleyes:

/off topic
There was another post in comp&tech about someone not being able to access their gmail, could be a gmail problem.

/on topic
Looks like you're sorted. Give 'em hell!

Le Rack

Lol cool thank you!

Just worked out all my hours up till the week off, 321hrs and at roughly 8% as said above for the time off, I would have been entitled to 25.68 hours off so that was roughly a week, and since I incorporated my two days a week off into that week anyway, it was just right...I think...

dudara

You're entitled to 8% holiday time which you can take as cash or as time off in lieu.

Read here for more information and quote it to the payroll person (who sounds as if they don't know their job)