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3 day week and Bank Holiday

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  • 27-04-2011 2:17pm
    #1
    LJL
    Registered Users Posts: 83 ✭✭


    Hi,
    Im looking for advice or entitlements on the following. I work a 3 day week Monday - Wednesday. For the bank holiday my boss wants me to still work a 3 day week because he is paying me for the 3 days. So this week I will work Tues - Thurs. I am paid a monthly salary and not by the hour.
    Is this right? or should i just work the two days?


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    #2
    RedXIV
    Registered Users Posts: 8,417 ✭✭✭RedXIV


    Unless its specifically stated you work Mon-Wed, if you're down for a 3 day week, your employer can choose the 3 days. Sorry, I know it sucks :(


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    #3
    LJL
    Registered Users Posts: 83 ✭✭LJL


    Thanks for the reply. No he was the one that wanted me to work the Monday - Wednesday, and it has never changed. Thanks tho!


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    #4
    Newaglish
    Registered Users Posts: 2,734 ✭✭✭Newaglish


    You should get a reward for working the bank holiday though:
    Your entitlement to public holidays is set out in the Organisation of Working Time Act 1997. Most employees are entitled to paid leave on public holidays. One exception is part-time employees who have not worked for their employer at least 40 hours in total in the 5 weeks before the public holiday.

    Employees who qualify will be entitled to either the public holiday off as paid leave or one of the following alternatives:

    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
    The Organisation of Working Time Act provides that you may ask your employer at least 21 days before a public holiday, which of the alternatives will apply. If your employer fails to respond at least 14 days before the public holiday, you are entitled to take the actual public holiday as a paid day off.

    Part-time employees
    If you have worked for your employer at least 40 hours in the 5 weeks before the public holiday and you are due to work on a public holiday you are entitled to that day off as paid leave or one of the alternatives as listed above. If you are not required to work on that particular day you should receive one-fifth of your weekly pay instead of the actual day's leave. Even if you may never be rostered to work on a public holiday you are entitled to one-fifth of your weekly pay as compensation for the public holiday.

    (From Citizens Information)

    A lot of smaller organisations, shops etc. aren't really aware of the above and might not pay you accordingly. Make sure you point it out!


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    #5
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,208 Mod ✭✭✭✭godtabh


    You are entitled to the day off or 1/5 of your salary in leiu of the bank holiday.

    I've been in the position before


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    #6
    Pembily
    Registered Users Posts: 14,404 ✭✭✭✭Pembily


    If you normally work the Monday then you are entitled to be either paid or get an extra days holidays in lieu of the day. So if you don't this Monday - you should be paid for 4 days or get an extra day off!


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    #7
    mrsbyrne
    Closed Accounts Posts: 3,228 ✭✭✭mrsbyrne


    LJL wrote: »
    Hi,
    Im looking for advice or entitlements on the following. I work a 3 day week Monday - Wednesday. For the bank holiday my boss wants me to still work a 3 day week because he is paying me for the 3 days. So this week I will work Tues - Thurs. I am paid a monthly salary and not by the hour.
    Is this right? or should i just work the two days?
    ...and now he owes you for 4 days this week...


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    #8
    tenchi-fan
    Closed Accounts Posts: 3,339 ✭✭✭tenchi-fan


    Pembily wrote: »
    If you normally work the Monday then you are entitled to be either paid or get an extra days holidays in lieu of the day. So if you don't this Monday - you should be paid for 4 days or get an extra day off!
    mrsbyrne wrote: »
    ...and now he owes you for 4 days this week...

    Nope. He owes 3 days + 3/5 of a day.


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    #9
    Newaglish
    Registered Users Posts: 2,734 ✭✭✭Newaglish


    tenchi-fan wrote: »
    Nope. He owes 3 days + 3/5 of a day.

    How do you figure that? The 1/5 rule only applies if you're not rostered to work that day, otherwise you get a full day's pay (or at least that's how I always applied it)

    Edit: Sorry, you're right. Forgot the OP has changed days for the week.


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    #10
    LJL
    Registered Users Posts: 83 ✭✭LJL


    thanks guys..much appreciated.
    now how to tell him he owes me 3/5 of a day...!


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