contract vs time worked ?

galwayshall

hi there,

just wondering can you help me.

I have been for the past 3 years working a 39 hour week for my employer. My actual contract is for 20 hours per week. The remainder is put through at basic pay as it does not exceed 39 hours - this is ok. They will not change my contract and I have tried several times to get this done, but they tell me they cant do it.

My issue is; holidays and bank holiday pay ?
bank holidays - I don't get paid when I am off on a bank holiday ?; looking at NERA's website it appears I should be....? as I have been working a full time amount of hours for so long ? Are they entitled to do this ?

Holiday pay - my employer gives me my entitlement based on my contract instead of based on my hours worked ? - are they entitled to do this ? I work 39 hours each week. For the year I only get my holidays based on my contract ?

if anyone has any help it would be much appreciated.

many thanks

phoenix999

Forget the contract, if you work up paid hours you build up your entitlement to holiday time. An employer cannot curcumvent the law just because they say you have a contract. They must either pay you for bank holidays or give you time off in lieu. There is no reason why they cannot issue you with a new contract. It just means they would lose out coz they cudnt screw around with your entitlements. Go to citizens advice and they will advise you further. Your leave entitlements (based on paid hours worked) are outlined here:

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/annual_leave_public_holidays.html

You bank holiday entitlement is outlined here:

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/public_holidays_in_ireland.html