Holiday pay/bank holidays/contract problems, really need help

ShadowHearth

Hey guys, i got some problems with mine holiday pay, bak holidays and work contract alltogether. Can you give me a hand in all this mess plz.

1. Mine Contract says i am a casuall staff, but i am allways doing atleast 35h+, and when its busy i am ending up doing 60h per weak. Should i not be a full time staff? What are they cutting me down on with this?

2. Mine holiday pay, They giving us 4 weaks of holidays, and we get payed 8% of our worked hours. Now they say that this includes bank holidays aswell... So we work on bank holidays and newer get payed double or had an extra payed day off. Is that right?

Maybe that should be 4 holiday weaks + bank holidays?

3. Question about holidays alltogether, all places i worked i got payed 40h holiday weak. And here i get that 8% thing. And i end up with really small holiday pay somehow.

i found this:

1) 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

2) By allowing 1/3 of a working week for each calendar month in which the employee has worked at least 117 hours

3) 8% of the hours worked in the leave year, subject to a maximum of 4 weeks

On this first option ( 1 ) it says you get 4 weaks holidays for working 26+ hours, but how much you get payed for it? 8% aswell?

Thanks for all help in advance. Sorry for bad spelling, english is not mine native languadge .

Nody

1) Never I'd guess, as they want to be able to reduce your hours on the fly.
2) No, it has to be in additon.
3) You're not allowed to get your holidays paid, they have to be taken short of you leaving the company.

ShadowHearth

okay... But can they do that? Casual staff is a person who works about 5hours per weak when needed. Like waitress for functions etc. How they can call a Chef who works 35h++ a weak a casuall staff?

Now could you explain me on 3. more plz. If i work 26.5h+ i get 40 weaks. And how much i get payed? That is one of options if i understand correct.

gerrycollins

it all depends on your contract.

at a basic level if your casual/part time it doesnt matter what hours you do its up to the company to make you full time. Hours of work dont automatically entitle you to be called a full timer.

Your title as casual means the company can reduce/increase your hours when they want, your contract might have a minimum number of set hours.

as a part timer your holidays etc are calculated based on the hours you do, as a full timer normally the holiday hours are set regardless of hours worked, however a full timer will have a set minimum hours to complete ie 40hrs. any overtime a full timer does will not caclulate into extra holiday pay etc.any overtime a casual work does will help a little.

The average(that i know) bank holidays are paid at flat rate however a bank holiday entitlement is also paid based on working a min 40 hrs in the previous 5 weeks.

you can also get a paid day off or an extra days holiday.

For your actual holiday pay.
an example of such is your where you get 8% of hours worked as holiday. to get 40 hrs paid holiday week(approx) you would have to work at least 3 months(12 weeks) at 40 hours per week.how long have you worked there and when did you take any holidays?

Steo46

All the information you need can be found at the link below. Have a good read, You might find you are entitled to a lot more things that your employer is not giving you.

http://www.employmentrights.ie/en/informationforemployees/