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Is Christmas Day/New Years Day treated as a working day for SW purposes?

  • 28-12-2012 10:26am
    #1
    Closed Accounts Posts: 1,386 ✭✭✭


    Just a quick query,

    I received a JA cheque (part-time worker) for the period 19th-25th Dec (Wed - Tues) but I have been deducted for 4 days work. I only worked Thurs 20th, Fri 21st and Monday the 24th. 3 days is always the maximum I would be deducted as you can't work more than 3 days without losing your payment so I am wondering have I been deducted for Christmas Day?

    And will I be deducted for New Years Day?

    Thanks...:confused:


Comments

  • Posts: 0 [Deleted User]


    It's expected your employer will pay for them, and bank holidays (for future reference)


  • Registered Users, Registered Users 2 Posts: 4,088 ✭✭✭sean1141


    Same here. I was working no days and still got docked but don't get paid from my employer either. I was docked a day in work rate(57 euro) and not a flat rate. Not happy.


  • Closed Accounts Posts: 1,658 ✭✭✭Halloween Jack


    It's done automatically, if you provide a letter from your employer stating they don't pay you for Bank/Public holidays, they will refund you in the next week or so.


  • Registered Users, Registered Users 2 Posts: 4,088 ✭✭✭sean1141


    Good to hear. Just have to wait until the offices are back open to get it. Looks like i'll be docked 2 days next week. Stephens and new years day??


  • Closed Accounts Posts: 1,658 ✭✭✭Halloween Jack


    sean1141 wrote: »
    Good to hear. Just have to wait until the offices are back open to get it. Looks like i'll be docked 2 days next week. Stephens and new years day??

    Offices were open yesterday and are open today and new years eve.


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  • Registered Users, Registered Users 2 Posts: 4,088 ✭✭✭sean1141


    I meant the office of the crowd I work for.


  • Closed Accounts Posts: 1,386 ✭✭✭another question


    sean1141 wrote: »
    Good to hear. Just have to wait until the offices are back open to get it. Looks like i'll be docked 2 days next week. Stephens and new years day??

    Oh flip! I forgot about Stephens day! Be hardly worth getting it at this rate.


  • Closed Accounts Posts: 2,382 ✭✭✭firestarter51


    Does the employer not have to pay this ? My boss is struggling and won't pay it ?? I got stopped 42 this week so next will be 84 I can't afford to lose this much !!!
    Any advice would be great


  • Moderators, Business & Finance Moderators, Regional South Moderators Posts: 6,854 Mod ✭✭✭✭mp22


    Does the employer not have to pay this ? My boss is struggling and won't pay it ?? I got stopped 42 this week so next will be 84 I can't afford to lose this much !!!
    Any advice would be great
    http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/public_holidays_in_ireland.html


  • Closed Accounts Posts: 2,382 ✭✭✭firestarter51


    mp22 wrote: »
    So going by that I earn 90 euro so the boss pays me 1/5 that's comes to 18 euro and do I then get a letter from him about getting the balance back from the welfare ?


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  • Closed Accounts Posts: 3,228 ✭✭✭mrsbyrne


    So going by that I earn 90 euro so the boss pays me 1/5 that's comes to 18 euro and do I then get a letter from him about getting the balance back from the welfare ?
    No you wont be getting anything further from Welfare regarding the Public holidays. Public holidays are like Sundays, for SW purposes, your not expected to be either looking for or available for work on Public Holidays, so no payment is due.
    Another poster mentioned about bringing a letter from your employer and SW paying the difference. This is simply not true.
    If the public holiday fell on a day you were due to work, you were entitled to be paid as normal for that day, or have a paid day of in lieu.
    If it fell on a day you were not due to work you are entitled to 1/5 of your weekly wage in addition to your normal wage , for each public holiday. Thats it.It is an employment rights issue, not a SW one.
    Employment rights 1890808090, stay on the line till you speak to someone, ignore the prompts.


  • Registered Users, Registered Users 2 Posts: 4,088 ✭✭✭sean1141


    mrsbyrne wrote: »
    No you wont be getting anything further from Welfare regarding the Public holidays. Public holidays are like Sundays, for SW purposes, your not expected to be either looking for or available for work on Public Holidays, so no payment is due.

    So my 188 per week is based on 6days? So thats 31.33 a day. So why was i docked the same amount as if i was working(57)?


  • Moderators, Business & Finance Moderators, Regional South Moderators Posts: 6,854 Mod ✭✭✭✭mp22


    sean1141 wrote: »
    So my 188 per week is based on 6days? So thats 31.33 a day. So why was i docked the same amount as if i was working(57)?
    Means perhaps.http://www.citizensinformation.ie/en/social_welfare/irish_social_welfare_system/means_test_for_social_welfare_payments/work_and_jobseekers_allowance.html


  • Registered Users, Registered Users 2 Posts: 4,088 ✭✭✭sean1141


    Yes its a means deduction but why? I havent worked in over 6weeks so I'm not entitled to be paid for it?


  • Closed Accounts Posts: 3,228 ✭✭✭mrsbyrne


    sean1141 wrote: »
    So my 188 per week is based on 6days? So thats 31.33 a day. So why was i docked the same amount as if i was working(57)?
    JSA/JSB is based on 5 days


  • Registered Users, Registered Users 2 Posts: 4,088 ✭✭✭sean1141


    Did it not change to 6days in last years budget?


  • Moderators, Business & Finance Moderators, Regional South Moderators Posts: 6,854 Mod ✭✭✭✭mp22


    It changed from 6 to 5 days last year.


  • Registered Users, Registered Users 2 Posts: 4,088 ✭✭✭sean1141


    Ok so €5 more a day. Still cant understand why im docked a working day?


  • Closed Accounts Posts: 2,382 ✭✭✭firestarter51


    Why are we being stopped as if we are working surely it should be one day of the benefit ? Social welfare didn't seem to know when I rang !!!


  • Closed Accounts Posts: 1,386 ✭✭✭another question


    Why are we being stopped as if we are working surely it should be one day of the benefit ? Social welfare didn't seem to know when I rang !!!

    From what I can gather they treat these days as 'working days' because we are technically being paid by our employer for them.

    It is somewhat unfair as the general rule for part-time workers in relation to bank holidays is that the employer must pay them only a fifth of their contract. Like this week for example I am still working a full 2 days and a third half day and my employer has allocated a fifth of my contract to new years day hence I am going to be deducted 4 days which is totally unfair and this happens to me every single time because my employer needs cover, my employer still wants to get 3 days (well 2.5) out of me while on paper it looks like I am getting my entitlements but in actual fact I don't gain a cent extra from my employer and a lose an extra day on SW and they never seem to understand this when I try in vain to explain it to them.


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  • Registered Users, Registered Users 2 Posts: 4,088 ✭✭✭sean1141


    I got mine sorted anyway. Something to do with a new computer system. Should be refunded this week


  • Closed Accounts Posts: 1,386 ✭✭✭another question


    sean1141 wrote: »
    I got mine sorted anyway. Something to do with a new computer system. Should be refunded this week

    Was that by request or did they acknowledge that it was a general problem and that everyone will be refunded automatically?


  • Registered Users, Registered Users 2 Posts: 4,088 ✭✭✭sean1141


    I just asked about it when i dropped in my docket yesterday. She said even though she entered it manually that i should have been paid for the 25th this new computer overrode it and docked me. Now i haven't been working in the last 6 weeks so im entitled to be paid for it but I don't know how it goes for ones that have been working on and off. Maybe best just to call in and ask them


  • Closed Accounts Posts: 2,382 ✭✭✭firestarter51


    I'm getting nowhere with my local office, I am working one day a week on a Sunday, but still got docked 42 euro as if I worked on Xmas day, all they said was its a new thing and the boss must pay it but all he is obliged to pay me is 20 % which is 18 euro.
    Citizens advice didn't have a clue what I was on about


  • Posts: 0 [Deleted User]


    sean1141 wrote: »
    So my 188 per week is based on 6days? So thats 31.33 a day. So why was i docked the same amount as if i was working(57)?
    Is it not gone to 5 days?


  • Registered Users, Registered Users 2 Posts: 1,507 ✭✭✭ArtyC


    Seeing as this is a casual workers thread I hope it's ok to ask here: did you guys receive a cheque this week? Normall comes on a Tuesday but of course with bank hols I don't know what to expect. Do ye think it'll come Tomo?


  • Closed Accounts Posts: 2,382 ✭✭✭firestarter51


    ArtyC wrote: »
    Seeing as this is a casual workers thread I hope it's ok to ask here: did you guys receive a cheque this week? Normall comes on a Tuesday but of course with bank hols I don't know what to expect. Do ye think it'll come Tomo?
    Cheque came Friday last week for this week for me


  • Closed Accounts Posts: 1,386 ✭✭✭another question


    ArtyC wrote: »
    Seeing as this is a casual workers thread I hope it's ok to ask here: did you guys receive a cheque this week? Normall comes on a Tuesday but of course with bank hols I don't know what to expect. Do ye think it'll come Tomo?

    Ya I got mine last Friday (28th) as well. They said that's what they would do. Next one is being posted out by sw tomorrow the 4th to be received next tuesday the 8th as normal.

    I got a double cheque on Tuesday the 18th for that week and christmas week and then I got this weeks early (3 days after christmas) for this week if you understand?

    You must have gotten one? - You could have got it early either on the saturday before christmas or christmas eve....it would be the first single cheque you would have received after the double week for christmas.


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