Forced holidays!

taram

We're forced to take our holidays in terms of seasons, so I have a winter week to take before the end of this month, and have been told to take it, or I will just be given a week off with pay. The problem is I work 30 hours/week (and have for 6 months without fail, often 5 hours more/week) but will only get paid 10 hours, as my contract says I am on minimum hours of 10 hours. I have a loan to pay off, I can't afford to take a week off and loose a minimum of 20 hours pay! What can I do?

mikemac

http://www.citizensinformation.ie/categories/employment/employment-rights-and-conditions/leave-and-holidays/annual_leave_public_holidays/?searchterm=holiday

Holiday pay: Pay in respect of annual leave is paid in advance at the normal weekly rate. If your pay varies because, for example, of commission or bonus payments, your pay for your holidays is the average of your pay over the 13 weeks before you take holidays.

This might apply to you.
So you are contracted to work 10 hours but you always work 30-35 hours this might be your new average.

That link also gives you options so you calculate which is the fairest for you

There are 3 different ways of calculating your annual leave entitlement:

Based on the employee's working hours during what is called the leave year, which runs from April to March. An employee who has worked at least 1,365 hours in the leave year (that is, an average working week of 26.25 hours) is entitled to the maximum of 4 weeks' annual leave. Many employers use the calendar year (January-December) instead of the official leave year to calculate entitlement
By allowing 1/3 of a working week for each calendar month in which the employee has worked at least 117 hours
8% of the hours worked in the leave year, subject to a maximum of 4 weeks
An employee may use whichever of these methods gives the greater entitlement.

I can't say for sure how much you'll many hours you'll get per week.
But remember, you cannot keep working indefinitly and if you don't take your holidays you will loose them.
And yes, your employer can specify when you take your holidays, much like "builders holidays"

gerrycollins

ask your employer how many hours holidays have you built up. if you have worked 30hrs per week without fail for 6 months you are entitled to roughly 2x 30 hr week holiday. the two weeks holidays are to be taken within the next 6 months ie 1 in winter and 1 in spring.

More than likely your company prevents you from taking paid holidays in the first 6 months of employment.

sounds like you work for a grocery retailer.

ps if you dont take your holidays you will be a wreck in another 6 months.

taram

Work changed my contract to 12 hours week before last, and in the same afternoon told me I'd be on holidays the week after. Just got paid holiday pay, only got 12 hours, it covered loan and food, but not all my rent, so now looking for a new job.

AARRRGH

...and employers can decide when you take your holidays.

mdebets

taram wrote: »

and in the same afternoon told me I'd be on holidays the week after.(

They can't do that. They can tell you when to take your holidays, but they have to give you 4 weeks notice.

gerrycollins

AARRRGH wrote: »

...and employers can decide when you take your holidays.

in fairness that would depend on the situation.

Some places just close shop at certain times of the year and thats when you take holidays etc,

If the employee has holidays remaining from a year an employer is obliged to offer him holidays within 6 months otherwise the employee loses the holiday and related pay and best practise is to jsut send the employee on holidays.

I would think this OP works in retail as it sounds very familiar and yes the contract states that holidays will be divided amongst the year depending on the seasons however they do allow for adjustments for births and weddigns etc.

From what the OP says however sounds like his employer is taking the preverbal. Normally you are paid based on the hours worked in the previous number of weeks/months however this changing of contract is totally wrong.

AARRRGH

gerrycollins wrote: »

in fairness that would depend on the situation.

In fairness it doesn't. Employer's decide when you can take your holidays. They have to give four weeks notice though.

Force majeure and compassionate leave are not holidays.

Ginger83

mdebets wrote: »

They can't do that. They can tell you when to take your holidays, but they have to give you 4 weeks notice.

Your workplace must be v.fair.
I could go into work on say a thursday and be told no work friday take the day off as a holiday. I complain that I dont want a days holiday and I'm told tough, no work. If I request the day off at my own expense they put the days pay through anyway. In the current situation you say nothing keep your head down and keep pulling the wages.
I'd love to be working in your place where the rules are abided by.