Bank Holiday entitlements?

ebixa82

Hi,

What is the exact stance on this. I've looked up NERA but still not 100%.

At the moment if I work a BH I get paid time and a half (for 6 hours) plus 8 hours pay. Total 17 hours.

If I don't work it I get paid 8 hours.

My boss is trying to change it so that when I work it I get paid JUST time and a half (i.e. no plus 8 hours). And if I don't work it I get paid 8 hours.

Therefore, for working instead of not, I'm just one hour's pay better off?

Am I not entitled to that 8 hours, or time in lieu?

Does this sound legit to you?

Michael D Not Higgins

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

Employees who qualify for public holiday benefit will be entitled to one of the following:

•A paid day off on the public holiday
•An additional day of annual leave
•An additional day's pay
•A paid day off within a month of the public holiday
The Organisation of Working Time Act provides that you may ask your employer at least 21 days before a public holiday, which of the alternatives will apply. If your employer fails to respond at least 14 days before the public holiday, you are entitled to take the actual public holiday as a paid day off.

This is assuming you're a full time employee who qualifies for the benefit

ebixa82

Michael D Not Higgins wrote: »

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

Employees who qualify for public holiday benefit will be entitled to one of the following:

•A paid day off on the public holiday
•An additional day of annual leave
•An additional day's pay
•A paid day off within a month of the public holiday
The Organisation of Working Time Act provides that you may ask your employer at least 21 days before a public holiday, which of the alternatives will apply. If your employer fails to respond at least 14 days before the public holiday, you are entitled to take the actual public holiday as a paid day off.

This is assuming you're a full time employee who qualifies for the benefit

Yes I am a full time employee.

I hope I'm not coming across as thick here (reckon I am) but are bullet points 3-4 referring to if you don't work, and bullet point 1 if you do?

So if I do work it, I am still entitled to a day's pay/day in lieu?

Michael D Not Higgins

Explanation of the bullet points
1. This is the normal case where you don't go to work on that day and still get paid for it.
2. This is where you are required to work but your employer offers you a day in lieu.
3. This is where you are required to work but your employer offers you a day's extra pay in lieu.
4. Same as 2 but within a month of the holiday.

In other words, if you qualify by working at least 40 hours in the preceeding 5 weeks, you are entitled to the pay/day in lieu. What does your contract say regarding holidays (keeping in mind that you can't sign away your minimum entitlement)?

ebixa82

Michael D Not Higgins wrote: »

Explanation of the bullet points
1. This is the normal case where you don't go to work on that day and still get paid for it.
2. This is where you are required to work but your employer offers you a day in lieu.
3. This is where you are required to work but your employer offers you a day's extra pay in lieu.
4. Same as 2 but within a month of the holiday.

In other words, if you qualify but working at least 40 hours in the preceeding 5 weeks, you are entitled to the pay/day in lieu. What does your contract say regarding holidays (keeping in mind that you can't sign away your minimum entitlement)?

Thanks a million for your time and patience!

Eoin

Also remember that while bank holidays are often on the same day as a public holiday, they're not always the same.

For instance, there might be a bank holiday the Monday after St. Patrick's day, if the 17th March falls on a weekend, but that doesn't mean that the Monday is a public holiday.

A bank holiday has no legal meaning, a public holiday does.