Is extra pay on Sundays and Bank Holidays an entitlement?

Scarinae

I'm just wondering if anybody knows whether extra pay on Sundays and Bank Holidays is an entitlement or not? I work part time in a shop, I am on minimum wage and don't get extra pay for anything. It was brought up as an issue about a year ago, and the manager said that it is not company policy to give extra pay (the company is not a franchise, all the shops in the UK and Ireland are run from a base in the UK) Some of my friends who work in other shop chains get double pay on those days, and were fairly appalled when they found out that I don't.

I am just wondering if anybody knows what the official position on this in Ireland is, I have tried googling it but am very confused. I know it is probably based on a number of different factors, such as the amount of hours worked etc, but if anyone knows or can point me in the direction of a website that explains this without too much jargon I would appreciate it! Some of the other staff want to bring it up again, and I thought that it would be better to know what employment laws actually are before doing that

StopNotWorking

I always thought overtime is overtime. And that you have to have over 40 hours to be entitled to time and a half or more for sundays and bank holidays.

Nody

Sunday can be negotiated away, bank holiday I'd say no as you should get 1/5th of the weekly hours. Have a look at www.citizeninformation.ie and for the legal text go over here.

seamus

Fishie wrote: »

I'm just wondering if anybody knows whether extra pay on Sundays and Bank Holidays is an entitlement or not? I work part time in a shop, I am on minimum wage and don't get extra pay for anything. It was brought up as an issue about a year ago, and the manager said that it is not company policy to give extra pay (the company is not a franchise, all the shops in the UK and Ireland are run from a base in the UK) Some of my friends who work in other shop chains get double pay on those days, and were fairly appalled when they found out that I don't.

If you work Sunday, you're entitled to some form of compensation, but this doesn't necessarily mean monetary, it can be as simple as having a different day off in lieu. So if you work (for example) Wednesday - Sunday each week, then you're not entitled to anything more because you already get Monday and Tuesday off. The Sunday thing is weird because the legislation is a little behind and seems to assume that you've already worked Monday-Friday *as well* as working Sunday. However, it could just as easily be applied to mean that any Sunday working requires extra pay or extra time off.

Bank Holidays are non-negotiable from your employer's point of view. Basically, your employer is required to pay you for a bank holiday, whether you're working or not. If you're not working, you get paid a full day's wages (or 1/5th of a week's wages, if you're part time) for your bank holiday. If you are working, you get paid for the time you work, *plus* your employer can do one of two things:
1. They can pay you again for the bank holiday
2. They can give you a different day off, paid.

Either way, you get paid for the bank holiday *and* you get paid for the hours that you've worked on that bank holiday.

ScouseMouse

What kind of a shop?

Cleopatra12

• New Year's Day (1 January)
• St. Patrick's Day (17 March)
• Easter Monday
• First Monday in May, June, August
• Last Monday in October
• Christmas Day (25 December)
• St. Stephen's Day (26 December)

Above are all public holodays
Good Friday is not a public holiday.

Your entitlement to public holidays is set out in the Organisation of Working Time Act 1997. Most employees are entitled to paid leave on public holidays. One exception is part-time employees who have not worked for their employer at least 40 hours in total in the 5 weeks before the public holiday.
Employees who qualify will be entitled to either the public holiday off as paid leave or one of the following alternatives:

• A paid day off within a month of the public holiday
• An additional day of annual leave
• An additional day's pay
• The nearest church holiday to the public holiday as a paid day off

The Organisation of Working Time Act provides that you may ask your employer at least 21 days before a public holiday, which of the alternatives will apply. If your employer fails to respond at least 14 days before the public holiday, you are entitled to take the actual public holiday as a paid day off.
Part-time employees

If you have worked for your employer at least 40 hours in the 5 weeks before the public holiday and you are due to work on a public holiday you are entitled to that day off as paid leave or one of the alternatives as listed above. If you are not required to work on that particular day you should receive one-fifth of your weekly pay instead of the actual day's leave. Even if you may never be rostered to work on a public holiday you are entitled to one-fifth of your weekly pay as compensation for the public holiday.

Is an employee who does Sunday work entitled to any extra payment?

In the first place, this is a matter for agreement between the employee and the employer. If there is no agreement, then the Organisation of Working Time Act 1997 requires that the employee is given one or more of the following:

• A reasonable allowance
• A reasonable pay increase
• Reasonable paid time off work.

What is reasonable depends on all the circumstances. It is a matter for negotiation between the employer and the employee and, where applicable, their trade unions. Some guidance may be obtained by referring, where possible, to an agreement applying to comparable employees elsewhere in similar employment.

All of the above information was obtained from http://www.citizensinformationboard.ie

Cleopatra12

StopNotWorking wrote: »

I always thought overtime is overtime. And that you have to have over 40 hours to be entitled to time and a half or more for sundays and bank holidays.

depends on how many hours you have signed up to work in your contract. Your employer cannot make you work more than 48 hours per week. You may if you wish, but if you refuse it cannot be to your detriment.