Working public holidays over Christmas

Eoin

This might be asked a few times - here's some info about working public holidays and what your entitlements are. Please let me know if there are any other useful links and I'll update this post.

From the Working Time Act (PDF):

The Organisation of Working Time Act provides the following nine public holidays:

a) Christmas Day,
b) St. Stephen’s Day,
c) St. Patrick’s Day,
d) Easter Monday, the first Monday in May, the first Monday in June and the first Monday in August,
e) the last Monday in October,
f) the 1st of January.

In respect of each public holiday, an employee is entitled to either:

(a) a paid day off on the holiday or

(b) a paid day off within a month or

(c) an extra day’s annual leave or

(d) an extra day’s pay

as the employer may decide.

If the public holiday falls on a day on which the employee normally works, the employee is entitled to a paid day off for the day.

If the public holiday falls on a day on which the employee does not normally work, the employee is entitled to one fifth of his/her normal weekly wage for the day or to either (b) or (c) above as the employer may decide.

If the employee is asked to work on the public holiday, the employee is entitled to (b) (c) or (d) above as the employer may decide.

There is no service requirement in respect of public holidays for whole time employees. Part time employees qualify for public holidays entitlement provided they have worked at least 40 hours during the five weeks ending on the day before a public holiday.

(Note this Act refers to “public holidays” not “bank holidays”. Not every official bank holiday is a public holiday though in practice most of them coincide).

Wishbone Ash

2 questions that appear to be causing confusion at work:

1. Half of our employees are rostered to work on Saturday 25th December and Monday 27th December.

These employees will receive premium payment for Christmas Day. Are they also entitled to premium payment on Monday 27th as it is a public holiday? Many believe they are but I don't think so.

2. The other half are rostered to work on Sunday 26th December and Tuesday 28th December.

These employees will receive premium payment for St Stephen's Day but many argue that they are also entitled to an additional premium payment for Tuesday as they would have received a normal Sunday premium for the 26th anyway. I think they have a point here.

(My employers guidelines are a bit vague and, as usual, have been drawn up by someone who has difficulty thinking outside of the normal "office hours" type of environment.)

Thanks.

xxlauraxxox

im workin all over xmas till the 2nd of jan so be happy least ye get days off

Eoin

Wishbone Ash wrote: »

2 questions that appear to be causing confusion at work:

1. Half of our employees are rostered to work on Saturday 25th December and Monday 27th December.

These employees will receive premium payment for Christmas Day. Are they also entitled to premium payment on Monday 27th as it is a public holiday? Many believe they are but I don't think so.

There's a bit of info on the SIPTU website which might help:

http://www.siptu.ie/YourRights/TUFGuideToLabourLaw/HoursHolidaysGeneralConditions/OrganisationOfWorkingTimeAct1997AnnualLe/

timmywex

xxlauraxxox wrote: »

im workin all over xmas till the 2nd of jan so be happy least ye get days off

Same, working eveery night except new years from 11pm to 7am, thank god for my stockpile of movies :P

cherryghost

Thanks for that information. Turns out I was underpaid for the Christmas period

je55ie

Just a question regarding part time employees. If you havent worked 40 hours in the previous 5 weeks, but have got paid 2 days holidays per week in the previous 5 weeks before the bank holiday, would this count as a hours worked? and then give you the right to be paid the bank holiday