non payment for bank holiday

social mark

I've been on the casual docket for about two years. Since January work has been practically non existent though and I've only had five days work. my cheque this week was down to €100 from a usual €178. The docket said I had a deduction of €78 due to means. I called in to my social welfare office where they said this was due to Monday being a bank holiday and they don't pay bank holidays. I hadn't noticed this happen before but he said its the rules. Is this always the case? it's happening at a bad time as I've a lot of medical expenses at the moment on top of struggling to keep my mortgage paid.

Sue Ellen

You should only be deducted that day if you had worked 40 hours in the preceding 5 weeks, working that amount would entitle you to some holiday pay from your employer. If you didn't work for that amount get a letter from the employer stating you had no entitlement to holiday pay and you will get the payment back.

social mark

I explained in the office yesterday that I hadn't been working and that I don't get any holiday pay and he just said it didn't matter, they were the rules and that was it.
Should I just go in again and speak to someone else about it?
I'd rather avoid getting a letter from employer as he gets annoyed if I ask for anything like that. It took two months to get my earnings form filled in originally.

Sue Ellen

That's not correct. I would talk to them again.

cc117

I had the same problem and they told me to get a letter from my employer to say that I didnt get paid for Bank Holidays. I went to the employer and they said that they cant say that as if you worked a certain amount of hours you have to be paid. They did give me a letter stating the hours I had worked and that it didnt entitle me to payment and the social welfare refunded two days, however, this bank holiday the same thing happened and they basically said I would have to do this for every bank holiday! hope this helps

social mark

If my dockets have shown that I haven't worked in the preceeding 5 weeks is that not proof enough? Even when I was working a lot more often last year I didn't get any holiday pay from my employer.

cc117

No, my dockets were the same I hadn't worked the weeks preceeding and still had to get the letter. It is a pain having to go back to the employer for the letters.

Sue Ellen

If the dockets show no work in the preceding 5 weeks that should be sufficient. Also no work in 5 weeks could warrant a change to a fully unemployed claim. There in no auto deduct for Bank Holidays on this claim type.