Holiday pay. Help!

nicklauski

Hiya lads/lassies.
Said I'd post this here because I'm getting no answer on the phone in the Welfare Office/Citizens Advice/NERA.
(Will try after lunch, when there not as busy)

My problem is this :
Im heading off on holidays for 3 weeks soon enough.
I was put on a 3 day week in work last year, BUT have been working FULL TIME for the past 16 weeks, will be 18 weeks before I go.
When I asked about holiday pay in the job a while ago, I was told I would be only entitled to 9 days holidays pay (i.e 3 weeks x 3 days). Is this correct?
Am I not entitled to my full holidays now, 5 days x 3 weeks.
Any help would be greatly appreciated because there is a bit of a difference in 9 days pay and 15 days pay.
Also there is no sign off work easing up so could be on full time for a while when I come back as well.

Thanks.

donkey balls

for every month that you work your entitled to 1.8 days pay so since you have been working the last 16 weeks(full time) you would be entitled to just under 8 days pay.
for that period you were working on a 3 day week that should be done pro rata basis,just say the average person works 20 days a month(4x5days).
your days off should be calculated at 3 days per week over a 6/7 week period this would give you the entitlement to 1.8 days of per month.

RedXIV

Do you have a contract? how many days a week does it say you're working?

nicklauski

RedXIV wrote: »

Do you have a contract? how many days a week does it say you're working?

My original contract stated that I would be working 5 days, rate of pay etc.
But I thought since we were put on a three day week, then that contract was out the window. You see, this job doesnt exactly do everything for you.
I'm here 2 & half years, and after my original contract (12 months) expired, i had to ASK them for a new contract 3 months after it had expired.

RedXIV

Well if your new contract is still valid then I'd recommend checking that for your holiday entitlements?

donkey balls

just because the company put you on a 3 day week it does not mean that your old contract is null& void,

nicklauski

RedXIV wrote: »

Well if your new contract is still valid then I'd recommend checking that for your holiday entitlements?

That's what I was thinking about.

donkey balls wrote: »

just because the company put you on a 3 day week it does not mean that your old contract is null& void,

The reason I said that I thought that contract was out the window is becuase, the contract stated 5 days a week, but the company wasnt giving me 5 days a week work. Do you know what I mean?

Thanks for the replys so far lads.

nicklauski

Also just to note, when I first enquired about holidays (when i was on a 3 day week) I was told I was entitled to 12 days. 4 weeks x 3 days. So does the extra time I have worked, the 16 weeks, add on to that holidays then.

Sorry, I know it's confusing, because it has my head wrecked.

eejoynt

go to this link

http://www.unionconnect.ie/rights/4/

you are entitled to the most favourable method of calculation
hope it works out

wmpdd3

Another way of working out your holiday pay is 8% of total hours worked since start of holiday year.

This is bases of if you originally had 20 days holidays per holiday year.

So is you worked a few weeks at 5 days per week this would bump up your allowence.


See here:

http://www.employmentrights.ie/en/media/Workingtimeact.pdf


(a) 4 working weeks in a leave year in which the employee
works at least 1,365 hours (unless it is a leave year in
which he or she changes employment).
(b) 1/ 3 of a working week per calendar month that the
employee works at least 117 hours.
(c) 8% of the hours an employee works in a leave year (but
subject to a maximum of 4 working weeks).