Irish Employment Law - question

btkm8unsl0w5r4

Quick question for those in the know?

If an employee works Tuesday to Saturday as a normal working week, are they entitles to days in lue for Bank holiday Mondays?

Advice appreciated:D

seamus

Yes. You are entitled to any of the following;

* 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

http://www.citizensinformation.ie/categories/employment/employment-rights-and-conditions/leave-and-holidays/public-holidays-in-ireland

btkm8unsl0w5r4

But that does not specifically address the issue that a working week from tuesday to saturday gives every monday off as it not a working day.....my questions is are such employees entitled to and extra working day off for these public holidays.....

seamus

It does really.

See the section at the bottom on public holidays falling on a weekend. That's the guideline you can use for workers whose "weekend" is not traditional.

All workers are entitled to some form of compensation for public holidays, regardless of whether or not you would ordinarily be working on that day.

You're not automatically entitled to a different day off, your employer can choose to pay you in lieu of the day off.

The actual law is:

(1) Subject to the provisions of this section, an employee shall, in respect of a public holiday, be entitled to whichever one of the following his or her employer determines, namely—
(a) a paid day off on that day,
(b) a paid day off within a month of that day,
(c) an additional day of annual leave,
(d) an additional day's pay

...

(6) For the avoidance of doubt, the reference in the proviso to subsection (1) to a day on which the employee is entitled to a paid day off includes a reference to any day on which he or she is not required to work, the pay to which he or she is entitled in respect of a week or other period being regarded, for this purpose, as receivable by him or her in respect of the day or days in that period on which he or she is not required to work as well as the day or days in that period on which he or she is required to work.

All workers regardless of job, age, working hours or holiday arrangements are entitled to be paid for bank holidays. Unless you've worked less than 8 hours/week in the previous 5. Though I think you would then be entitled to some form of welfare.

Absolam

But that then begs the question of 'what is a day off?' Where I work the paid day off on the public holiday is one fifth of an average working week (calculated over 17 weeks). So that way the part timers are getting a pro rata equivalent of the full timers.