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Holiday pay question

  • 27-08-2010 3:44pm
    #1
    Tusky
    Registered Users, Registered Users 2 Posts: 17,080 ✭✭✭✭


    I have been working full time with a company for 3 months. I have just handed in my notice with said company. I have never taken any holidays and am just curious am I entitled to any holiday pay ?

    The contract states "All employees are entitled to 4 weeks annual leave per annum, once 1,365 hours have been worked. Where less hours have been worked, you are entitled to 8% of all hours worked, subject to a maximum of 4 working weeks. Your annual leave must be taken within the holiday year, which runs from 1 January to 31 December. The leave must be taken at such times as are convenient to the Organization. You may be required to set aside a number of days each year to cover periods of Organization shut down, for which you will get a minimum of 1 month notice.

    If on the date of termination of this contract, the annual leave taken is in excess of the annual leave entitlement at that date, the Organization will deduct the overpayment from your final pay cheque    "

    Any ideas ?


Comments

  • #2
    Pythia
    Registered Users, Registered Users 2 Posts: 7,469 ✭✭✭Pythia


    You'll get 8% of hours worked in pay.


  • #3
    donkey balls
    Registered Users, Registered Users 2 Posts: 3,555 ✭✭✭donkey balls


    normally it is 1.8 days per full month worked


  • #4
    Tusky
    Registered Users, Registered Users 2 Posts: 17,080 ✭✭✭✭Tusky


    Pythia wrote: »
    You'll get 8% of hours worked in pay.

    Thats what I thought but I just wanted to double check before I went asking for it. It doesnt matter that I was only there for 3 months ? I know the company will try shaft me and not pay. Do they have to or is it discretionary ?


  • #5
    Clauric
    Registered Users, Registered Users 2 Posts: 610 ✭✭✭Clauric


    You get one of three, whichever is better for the employee.

    1) 4 full weeks if you work more than 1365 hours in a year

    2) 1.75 days if you have worked 117 hours in that month

    3) 8% of hours worked, if you have worked less than 117 hours in a month.

    Check here to see a complete explanation, including calculations.


  • #6
    Pythia
    Registered Users, Registered Users 2 Posts: 7,469 ✭✭✭Pythia


    Tusky wrote: »
    Thats what I thought but I just wanted to double check before I went asking for it. It doesnt matter that I was only there for 3 months ? I know the company will try shaft me and not pay. Do they have to or is it discretionary ?

    They have to pay you 8%. Anything over 8% is discretionary. It doesn't matter that you were only there a short while.


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  • #7
    Tusky
    Registered Users, Registered Users 2 Posts: 17,080 ✭✭✭✭Tusky


    Ok, cheers. Last question - it never mentions in the contract that the annual leave is paid. Will that matter? Or is it assumed that it's paid?

    I just know the company are gonna make it hard for me.

    So if I've worked 40 hours per week for 3 months I should be due roughly 38 hours holiday pay?


  • #8
    Pythia
    Registered Users, Registered Users 2 Posts: 7,469 ✭✭✭Pythia


    Well then can either give you a week off (well 38 hours off) and pay you for it as if you had worked it before you go, or they can pay you for those 38 hours and not give you any time off. They have to do one or the other. If you gave a month's notice, they might let you leave after 3 weeks but pay you for the forth even though you are not working.

    You are guaranteed to either get a paid week off between now and your end date, or get an extra week's pay in your final pay cheque. Anything else is illegal.


  • #9
    D.McC
    Closed Accounts Posts: 180 ✭✭D.McC


    Tusky wrote: »
    I have been working full time with a company for 3 months. I have just handed in my notice with said company. I have never taken any holidays and am just curious am I entitled to any holiday pay ?

    Yes,
    Tusky wrote: »
    The contract states "All employees are entitled to 4 weeks annual leave per annum, once 1,365 hours have been worked. Where less hours have been worked, you are entitled to 8% of all hours worked, subject to a maximum of 4 working weeks.

    3mths = about 4 days pay at the basic rate of pay. In other words if you get allowances of any kind they are not paid as a holiday pay.
    Tusky wrote: »
    Your annual leave must be taken within the holiday year, which runs from 1 January to 31 December. The leave must be taken at such times as are convenient to the Organization. You may be required to set aside a number of days each year to cover periods of Organization shut down, for which you will get a minimum of 1 month notice.

    If on the date of termination of this contract, the annual leave taken is in excess of the annual leave entitlement at that date, the Organization will deduct the overpayment from your final pay cheque"

    Any ideas ?

    Just means the leave years starts and finishes on those dates. You have to take leave if the company is closed, like barstaff have to take leave when the pub shuts over Xmas.

    The last bit just means if you were over paid, they will mug you before you get out the door on your last day. :D


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