2nd Back Week?

Niall558

Hi I was wondering if anyone can help me out here.

I started a job about 8 weeks ago and I worked my back week etc etc.
One week ago I was told that I had "a week off" unpaid. So I stayed off for the week but come Thursday (payday) I got a full weeks wages. I'm back working tomorrow but i'm wondering do I have to work another back week or will I get paid as normal this Thursday?

Mrs OBumble

Why would you expect to get paid this Thursday when you were on unpaid leave last week?

It's no so much a "2nd back week" (which seems to be a way to explain that in many companies, payroll runs a week behind real-time), as having unpaid leave being unpaid.

tatli_lokma

if I have the time line right, it goes something like this....

you worked Thursday - Wednesday (thurs is payday so you would be paid up to Wednesday) for about 6 weeks, and got paid a week in arrears, so you worked one week and got no wages til the next week i.e on the 2nd thursday you got paid for the preceeding week, and this carried on from there.

You then were told to take a week off - in that week you got paid. This would be right as you were getting paid for the PREVIOUS week. You are now back at work, but as you did no hours LAST week, you won't get a full wage in the next pay run. However, you would still get some holiday pay if you wanted it - if you did say 20 hours a week for 8 weeks you would be due just under 13 hours paid leave.

Niall558

Little Ted wrote: »

if I have the time line right, it goes something like this....

you worked Thursday - Wednesday (thurs is payday so you would be paid up to Wednesday) for about 6 weeks, and got paid a week in arrears, so you worked one week and got no wages til the next week i.e on the 2nd thursday you got paid for the preceeding week, and this carried on from there.

You then were told to take a week off - in that week you got paid. This would be right as you were getting paid for the PREVIOUS week. You are now back at work, but as you did no hours LAST week, you won't get a full wage in the next pay run. However, you would still get some holiday pay if you wanted it - if you did say 20 hours a week for 8 weeks you would be due just under 13 hours paid leave.

So even though im only there 8 weeks I still get 13 hours paid holiday? I really appreciate the replies by the way

tatli_lokma

well it will depend on the leave policy in place - some places don't let you start using leave until you have been there 12 weeks. but given you have now had a week with no hours, then I think it only fair they give you the opportunity to take the leave.

Also, an important thing to check - what does your contract say about the minimum number of hours? If you are contracted for a set number of hours you must get these or get paid for them, even if they tell you to stay home. Zero hours contracts are regulated and you should not get zero pay, even if you don't work that week. You should check that out - it seems very unfair that they told you to take a week off unpaid.

Also, just ETA - you might also want to speak with Social Welfare regarding going on casual certs - that way on weeks where you get only partial hours or none, you can still get some dole, if you are entitled to it.

Niall558

Little Ted wrote: »

well it will depend on the leave policy in place - some places don't let you start using leave until you have been there 12 weeks. but given you have now had a week with no hours, then I think it only fair they give you the opportunity to take the leave.

Also, an important thing to check - what does your contract say about the minimum number of hours? If you are contracted for a set number of hours you must get these or get paid for them, even if they tell you to stay home. Zero hours contracts are regulated and you should not get zero pay, even if you don't work that week. You should check that out - it seems very unfair that they told you to take a week off unpaid.

Also, just ETA - you might also want to speak with Social Welfare regarding going on casual certs - that way on weeks where you get only partial hours or none, you can still get some dole, if you are entitled to it.

Thanks so much for the help Well when I started I was told i'd been taken on as full time. I don't get a contract til 6 months after my start date tho so technically I don't have a permanent contractas of yet. I've also had a few "run ins" with my manager where I had been the victim of his "casual abuse" (calls me a F**kin Idiot said im F**kin stupid and also told me I look like a traveller because I had a small amount of stubble because I didn't shave that one day) so I don't really want to rock the boat too much over wages while I have other issues. Would you have any advice on how to ask my employer about wages for my "week off"?

tatli_lokma

Niall558 wrote: »

I don't get a contract til 6 months after my start date tho so technically I don't have a permanent contractas of yet.

Your "employer" (and I use the term loosely) is breaking the law and taking advantage of your ignorance. It is illegal not to give a contract - this story that you have to wait til you are there six months is BS. By law you MUST be issued with a contract of employment within 2 months of starting employment, and you must have at least some form of written confirmation of your offer of employment within one month of starting. See here:
http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/contracts_of_employment/contract_of_employment.html

sounds to me like this guy is a typical sleeze employer - trying to take advantage of unknowing and inexperienced workers. This is blatant exploitation.

To be honest - I don't think you can ask your employer about your "week off", holiday pay, contracts etc - this guy most likely will just tell you to f-off and just sack you. You need to contact NERA and get their advice with how to proceed from here on in.

Also - are you getting paid through the books and all officially? i.e do you get pay slips and are deductions being made? if you are not sure you can ring the tax office, give them your PPS number and ask them if there is a employer listed on your record. And ask what deductions are being made. I would make a substantial bet that you are not getting paid in any official capacity.