Holiday pay

Helen_G

Hello, I have worked in the previous year about 7 months.
Question: Does the employer pay me to holiday pay?

Thank you!

tatli_lokma

All employees are entitled a statutory amount of 20 days per year paid leave for full time workers or 8% of hours worked to a maximum of 20 days for part time workers. If you worked less than a year, you would get pro-rata the equvalent leave amount (so for example, if you work 6 mths, you get 10 days leave).
When you say you worked in the previous year do you mean 2012? Have you since left the employment? If so and you did not get leave owed to you you need to make a claim to Workplace relations (used to be called NERA).

All the info you need is here:
http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/annual_leave_public_holidays.html

Helen_G

Yes, 2012. I worked from April to October, and when I left I got just P45, but no holiday pay.

tatli_lokma

contact Workplace relations about making a claim, although it may be too late now as there time limits on how long you have to claim. I think it is 6 mths in which case you would be out of luck, but phone Workplace relations to confirm.

Before you do claim you need to check your last payslip and be absolutely certain that no extra payment was made for accrued leave.

You definitely took no time off during those 7 months I take it?

Helen_G

I don't have payslips, i didn't get it. They pay me cash.

Toast4532

If you got paid cash in hand, and weren't paying tax etc, then you aren't going to get any more money from the company.

tatli_lokma

ok, so when you say you were paid cash, do you mean that they paid you 'cash in hand' i.e. you were not officially put through the books, didn't pay tax/PRSI etc? If so, then you have no 'entitlement' to leave as you were not officially working.

However you say you got a P45 which leads me to think you were at least officially there in some capacity. Issuing payslips is also compulsory, even if you are paid cash/cheque/via bank transfer you are supposed to get a payslip clearly showing what deductions were made from your salary.

Either way, these are also issues for Workplace relations.

You also have no proof of what was/wasn't paid on your behalf. You can find out what tax was paid by contacting Revenue, and you can find out what (if any) PRSI was paid from the Dept of Social Welfare. If you can confirm these issues you at least have some evidence of working there and what you were paid. However, the problem you will face is that it has been almost 9 months since this occured and you may be too late to take any action. The most you can probably hope for is that Workplace relations will make an audit of the company to check their practices are as they should be. It's not much good to you now, but at least it might save others from being treated badly.

Helen_G

thanks for your help. this year i start work in the same hotel, and if they will not pay holiday money for me, now i know what to do! thank you very much!

xtradel

Sorry to hijack this thread but when caculating holiday pay @8% do you include any bank holiday hours paid?

wmpdd3

Its total pay, so yes.