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Holidays being used to make up hours

  • 25-07-2012 10:39am
    #1
    Clashmore
    Registered Users, Registered Users 2 Posts: 211 ✭✭


    Hi lads,

    I recently started a new job and to be honest its been messy from the start. I have a full time contract. The latest stunt they are trying to pull is that they want to use my holidays to build up my hours for the month. As in they want to take my holidays even thou I havn't requested annual leave. This would leave me short of holidays for the rest of the year. My contract states i'm employed to work X hours a month, if I don't work up to the X hours, I only get paid for the hours I work as stated in my contract. They are trying to say that they will use my holidays to make my hours up to my contracted hours. I have said no to this and to just pay me for the hours that I work, as I want my holidays for the rest of the year. They havn't agreed to this yet. Has anyone else come across a situation like this.

    Clashmore


Comments

  • #2
    tatli_lokma
    Registered Users, Registered Users 2 Posts: 3,332 ✭✭✭tatli_lokma


    Unfortunately, it is not up to you when you take your holidays, it is ultimately at the descretion of your employer.
    citizens information wrote:
    Taking annual leave

    It is for your employer to decide when annual leave may be taken, but this is subject to a number of conditions. Your employer must take into account your family responsibilities, opportunities for rest and recreation that are available to you and to consult with you (or your union) at least one month before the leave is to be taken. In addition, annual leave should be taken within the appropriate leave year or with your consent, within 6 months of the relevant leave year.

    In your case however, they have not given you 1 months notice, so they cannot force you to take it. But if hours are being cut and you start kicking up a fuss then I think it is fairly clear who will get less and less hours.

    Another point is that you say
    Clashmore wrote:
    I have a full time contract
    but then you say
    Clashmore wrote:
    My contract states i'm employed to work X hours a month, if I don't work up to the X hours, I only get paid for the hours I work as stated in my contract

    This is contradictory. It seems more like you have a contract giving you up to X amount of hours, but with no guarantee of those hours. Your contract should state the minimum number of hours they are contractually obliged to give you. You need to check what this is - if they are not giving you this minimum then they are in breach of your contract. If they are giving you the minimum then there is not a lot you can do.

    Also, if you work erratic hours, then it would be better to calculate your AL at 8% of hours worked. This could work out better or worse for you, depending on how many hours you have done. Bear in mind, on weeks where you do not do a full week you will only get 8% of your time as AL.

    TBH it sounds to me like the writing is on the wall for your position, and they are trying to minimise their AL liability. I would be looking around for something else in the meantime.


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