Not working notice - lose holiday pay?

unreggd

I just finished up in another sham of a retail job

Gave my immediate notice to finish on Wed, which my boss accepted happily, but now he says hes checkin my entitlements for holiday pay since I dont have a contract

He doesnt realise that me not having a contract at all is a MAJOR legal failure on his part


Anyways, technically I should have given a weeks notice, but I didnt. However, I did quit on the grounds of not being paid on a regular basis, and pretty much every other aspect of the job is illegal


So, does anyone know if he has any right to refuse me the holiday pay I'm owed? As I had no contract, it should be the state rate of 8% of the hours I've worked, so it works out at about 36 hours

Also, Friday just gone was a payday, but now he says hes not paying me anything until the next pay-run. Am I not entitled to demand at least what I was due to paid on Friday, regardless of leaving / staying??



Thanks in advance!!

tenchi-fan

unreggd wrote: »

He doesnt realise that me not having a contract at all is a MAJOR legal failure on his part

it's not that major.

Naturally you're entitled to holiday pay as well as any hours you worked.

New_one

How long were you working there.

unreggd

18 / 19 weeks

Eoin

unreggd wrote: »

He doesnt realise that me not having a contract at all is a MAJOR legal failure on his part

No, it's not. Terms & Conditions have to be given in writing, but a contract doesn't.

If you were given neither, then check out what the statutory minimum notice period for you to give. You're obviously entitled to whatever leave you've accrued, but you probably have left them open to making things a bit awkward for you if you've just walked out.

unreggd

Eoin wrote: »

No, it's not. Terms & Conditions have to be given in writing, but a contract doesn't.

If you were given neither, then check out what the statutory minimum notice period for you to give. You're obviously entitled to whatever leave you've accrued, but you probably have left them open to making things a bit awkward for you if you've just walked out.

Well I was just goin by wat citizens info told me

The Terms of Employment (Information) Acts 1994 and 2001 provide that an employer is obliged to provide an employee with a written statement of terms of employment within the first two months of the commencement of employment. However, this requirement does not apply to an employee who has been employed for less than a month.

The statement of terms must include the following information:

The full name of employer and employee
The address of the employer
The place of work
The title of job or nature of work
The date the employment started
If the contract is temporary, the expected duration of the contract
If the contract of employment is for a fixed term, the details
Details of rest periods and breaks as required by law
*The rate of pay or method of calculation of pay
The pay reference period for the purposes of the National Minimum Wage Act 2000
*Pay intervals
*Hours of work
*That the employee has the right to ask the employer for a written statement of his/her average hourly rate of pay as provided for in the National Minimum Wage Act 2000
*Details of paid leave
*Sick pay and pension (if any)
*Period of notice to be given by employer or employee
*Details of any collective agreements that may affect the employee’s terms of employment

I got nothing related to this in writing anyways, or even verbally

I tendered my resignation, and he accepted it with no opposition

Eoin

Yep, those are the terms, not a contract. This is from the same website:

Anyone who works for an employer in Ireland for a regular wage or salary automatically has a contract of employment. While the complete contract does not have to be in writing, an employee must be given a written statement of terms of employment within 2 months of starting work - see 'Rules' below.

But you didn't get anything, so yeah - they're in the wrong.

I tendered my resignation, and he accepted it with no opposition

There's no real opposition he can make - but it doesn't mean you don't have to work your notice.

I'm not saying that they're in the right - but I just think that you've made it easier for them to continue to at the arse by not working your notice.

unreggd

Yeah true, but theres also exceptions about leaving your job on the grounds of the conditions being unfair. I was always in the shop all day on my own so never got a lunch break. Was underpaid on a regular basis since I started, and never got any payslips until 8 weeks in.

He underpaid me again 2 weeks ago, then didnt pay me anything at all on Friday. I thought I should have been paid on Friday as normal, then its the balance of what I'm owed that is to be paid in the next pay run [2 weeks from now]


I'm gna call NERA tomorrow and try clarify the situation

Thanks!!

Eoin

Cool, hope everything works out.

allibastor

you should call NERA and have them reported. alone the fact you have worked without a lunch break should get them in trouble. coupled with thier lack of T+C about your job. i would also check if they have actually registered you as an employee and have payed PRSI and tax on your behalf.