Locum Holiday Pay

ActilEater

Hi All,

I am new here and looking for some help. I was wondering if anyone could clarify a few points for me. In 2010 I worked about 90 days as a locum pharmacist in the Dublin area for various shops with about half the jobs sourced through agencies and the rest direct. I am not self employed. My accountant says that because all the work was done on a fixed hourly rate that I am entitled to holiday pay for each hour I worked. This is calculated at 8%. A rough guess means I am owed about €1,500 in holiday pay before tax. This would cover a lot of travel and phone bills incurred in getting the work in the first place.

Some shops are telling me that I am not entitled to it as I am not a full time member of staff. One agency says that holiday money is included in the “hourly rate” while another paid it to me on top of my monthly wage. Who is right? My accountant says holiday pay cannot be included in normal pay and has to be treated as a separate payment and shown separately on a payslip. It is a nuisance having to contact every place I did a locum for. So – would anybody know an easy way of doing this? What is the legality of saying it is included in the hourly rate? How do you claim or process yours? I know when we were treated as self employed we were not entitled to it but if I am now being treated as an employee I want what I am legally entitled to. I could use a holiday too – lol.

locum-motion

A couple of observations:

1. Your accountant is a professional person who is qualified to offer you financial advice. Strangers who read a Health Sciences forum on the internet probably aren't.
2. The IPU exists to answer such questions for its members.
3. As far as I know (and remember, I'm not an accountant, in fact I'm another locum pharmacist), your accountant is completely correct. Below are the answers to your questions as I understand them. However, you should talk to your accountant again.

Some shops are telling me that I am not entitled to it as I am not a full time member of staff.

They are wrong.

One agency says that holiday money is included in the “hourly rate”

They cannot do that.

another paid it to me on top of my monthly wage.

This is what should be done.

RobFowl

Your rights and entitlements are outlined here
http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/annual_leave_public_holidays.html

ZYX

ActilEater wrote: »

Hi All,

I am new here and looking for some help. I was wondering if anyone could clarify a few points for me. In 2010 I worked about 90 days as a locum pharmacist in the Dublin area for various shops with about half the jobs sourced through agencies and the rest direct. I am not self employed..

I don't quite understand this. Surely you are self employed.

angeldelight

ZYX wrote: »

I don't quite understand this. Surely you are self employed.

Haha we don't understand it either! But Revenue takes the unyielding position that locum pharmacists may not be classed as self-employed and we have to register with each pharmacy we work in as an employee of that pharmacy, or work through an agency where we are seen as an employee of that agency.
Which in reality means we are emergency taxed for most of the time

RobFowl

angeldelight wrote: »

Haha we don't understand it either! But Revenue takes the unyielding position that locum pharmacists may not be classed as self-employed and we have to register with each pharmacy we work in as an employee of that pharmacy, or work through an agency where we are seen as an employee of that agency.
Which in reality means we are emergency taxed for most of the time

They take the same line with locum GP's now and insist they are "employed" even if only covering a 3 hour shift!!

ActilEater

I am no longer being treated as self employed. I was wondering how other Locums get their holiday pay. I mean if I am to be taxed as an employee of the shop or agency I want the holiday pay that I have earned. Do you get it from the Dept. of Social Welfare or from the Revenue? Do you get a payslip? Do I have to chase each employer up every time?

I checked again with my accountant. She says I am definitely entitled to 8% holiday pay for every hour worked, even if I worked for a hundred different shops in the year. Are the shops keeping this money for themselves or are agencies charging for it and not paying us? I will ring the IPU next week and see what they say. There must be an easy way to sort this out. I can handle the emergency tax – just about!! At least I can get that sorted out relatively easily with the Revenue but I am not working so employers can keep my holiday money to pay for their own holiday.

ActilEater

locum-motion wrote: »

A couple of observations:

1. Your accountant is a professional person who is qualified to offer you financial advice. Strangers who read a Health Sciences forum on the internet probably aren't.
2. The IPU exists to answer such questions for its members.
3. As far as I know (and remember, I'm not an accountant, in fact I'm another locum pharmacist), your accountant is completely correct. Below are the answers to your questions as I understand them. However, you should talk to your accountant again.



They are wrong.




They cannot do that.



This is what should be done.

Thanks - I checked with my accountant and you are right on each of the 3 points.

protium

Hi
Just to add, i too locumed in various pharmacies in 2010. i had to register as an employee with every pharmacy, and i am entitled to claim holiday pay off the individual employers.
one pharmacy i did work for, very kindly posted me out my holiday pay - almost 500 euros at the start of the year, without me asking.
i plan to request it off the other pharmacies i worked in (only those i did a significant amount of days for though ).
i took plenty of holidays myself throughout the year and i feel, why shouldn't we locums get some sort of holiday pay too, which we are legally entitled to.
the pay rate has decreased significantly, so i feel it is worthwhile requesting it off your employer(s).And what's more, we shouldn't feel guilty about asking for it. Best of luck!