Holiday Pay

jamser89

Hi, been refused holidaypay all summer.
The Shop accountant is refusing to pay holiday pay saying it's up to the owner of the shop whether he pays or not. Even after I brought in the Organisation of Working Time Act, which the Citizens advice centre had given me, he refused to pay. I work part-time in this shop at weekends and during the summer and other holidays from college. None of the part time staff in the shop have a contract and since a few people asked for holiday pay they stopped paying us for breaks, instead paying us 45 minutes holiday pay for the break! Any advice??

wmpdd3

Be sure of your rights 1st, take a month for instance and write down what you worked, what breaks you should have been paid and what holidays you should have gotten, then under that write what you were paid. Put this in writing to your boss and see what she has to say.

If you get nowhere, contact nera, but I hear they are really bogged down so it could be a while before anything happens.

If your really lucky they will audit your boss but its ages since ive heard of them doing anything like this.

Also, are you paying the correct tax (or any) of not get in touch with the revenue, as 2 places on her back rather then 1 is always better.

Make sure you have every payslip you are evey given, if you lose 1 photocopy the rota or make a note for yourself. If someone does investigate you will have to have your facts in order.

angelfire9

By law you are entitled to holiday pay for part time employment your holiday entitlement is equal to 8% of hours worked over the year

http://www.employmentrights.ie/en/media/holidays%20txt.pdf

The legislation in question is the Organisation Of Working Times Act 1997

The employer does not have a choice in the matter and you can report them to NERA and/or consult a solicitor in relation to this

You are also entitled to a copy of your terms & conditions of employment which should state something about holiday entitlements but even if it doesn't the law of the land supersedes anything that is written down by your employer

You are not entitled to pay for breaks so if they are paying you for breaks is it stated on your payslip that this is holiday pay???

The other thing I would say is that there is no obligation on the employer to provide you with a written contract, your contract of employment can be a verbal arrangement made between employee and employer
This does not affect your statutory rights

wmpdd3

angelfire9 wrote: »

By law you are entitled to holiday pay for part time employment your holiday entitlement is equal to 8% of hours worked over the year

http://www.employmentrights.ie/en/media/holidays%20txt.pdf

The legislation in question is the Organisation Of Working Times Act 1997

The employer does not have a choice in the matter and you can report them to NERA and/or consult a solicitor in relation to this

You are also entitled to a copy of your terms & conditions of employment which should state something about holiday entitlements but even if it doesn't the law of the land supersedes anything that is written down by your employer

You are not entitled to pay for breaks so if they are paying you for breaks is it stated on your payslip that this is holiday pay???

The other thing I would say is that there is no obligation on the employer to provide you with a written contract, your contract of employment can be a verbal arrangement made between employee and employer
This does not affect your statutory rights

You are entitled to a 15 min paid break per shift lasting more than 4hrs.

'• Rest breaks - 15 minutes where up to 4½ hours have been
worked; 30 minutes where up to 6 hours have been worked
which may include the first break.'

from working time directive act 1997

angelfire9

wmpdd3 wrote: »

You are entitled to a 15 min paid break per shift lasting more than 4hrs.

'• Rest breaks - 15 minutes where up to 4½ hours have been
worked; 30 minutes where up to 6 hours have been worked
which may include the first break.'

from working time directive act 1997

Yes you are entitled to breaks
BUT YOU ARE NOT ENTITLED to pay for those breaks!!

jamser89

Thanks for the replies. NERA have been contacted so hopefully there'll be an inspection soon. We used to get paid for breaks, only in the last two months have they taken 45 minutes basic pay out of the 8 hour shift and have labelled this as our holiday pay on the payslip.