Bank Holiday

Backstreet Moyes

First time on x and o's and just wondering is a bank holiday the same as other weeks. A friend said if i work 3 days next week i could get no money because some jobs pay for the Monday but mine don't. So just wondering if i should tell my employers i can only work two days as i will be less off if i work three days. Or is my friend wrong and i should just do three days like every week. If anybody could help.

Whiplashy

Social welfare will count Monday as a work day even though not all employers pay for it. I've argued with them plenty of times about it in the past! You'll only get paid from social welfare if you do two days next week. If that's an option I'd definitely do it.

eddiehen

Nuts102 wrote: »

First time on x and o's and just wondering is a bank holiday the same as other weeks. A friend said if i work 3 days next week i could get no money because some jobs pay for the Monday but mine don't. So just wondering if i should tell my employers i can only work two days as i will be less off if i work three days. Or is my friend wrong and i should just do three days like every week. If anybody could help.

Employers are obliged to pay you if you worked 40 hours or more in the 5 weeks leading up to the bank holiday. That equates to one 8hr day per week. If your employer would like to verify what hours you worked in those 5 weeks, your local office will pay you for it provided you worked less than the 40hrs. If you worked more than 40hrs, than your employer owes you a days pay...

Whiplashy

eddiehen wrote: »

Employers are obliged to pay you if you worked 40 hours or more in the 5 weeks leading up to the bank holiday. That equates to one 8hr day per week. If your employer would like to verify what hours you worked in those 5 weeks, your local office will pay you for it provided you worked less than the 40hrs. If you worked more than 40hrs, than your employer owes you a days pay...

Not necessarily. The employer owes one fifth of the hours normally worked in a week, if you have worked more than 40 in the previous 5 weeks. This can either be given in actual pay or time in lieu. I get time in lieu, which can only be taken back by going home 30-60 mins early on a few quiet days during the month following the bank holiday. It's not a very fair system. I loose over €100 every time there's a bank holiday. I've even gotten a letter from my employer stating that they don't pay me but social welfare still count it as a paid day.

eddiehen

Whiplashy wrote: »

Not necessarily. The employer owes one fifth of the hours normally worked in a week, if you have worked more than 40 in the previous 5 weeks. This can either be given in actual pay or time in lieu. I get time in lieu, which can only be taken back by going home 30-60 mins early on a few quiet days during the month following the bank holiday. It's not a very fair system. I loose over €100 every time there's a bank holiday. I've even gotten a letter from my employer stating that they don't pay me but social welfare still count it as a paid day.

Well, to be fair, that's your employer doing you over. Time in lieu doesn't fall under the Organisation of Working Time Act. Your entitlements on a bank holiday are:

(a) a paid day off on that day,

(b) a paid day off within a month of that day,

(c) an additional day of annual leave,

(d) an additional day's pay

If you are agreeing with your employer that you will be taking time off in lieu, then you are effectively releasing your employer from their obligations. If you weren't due to work that day, then you are entitled to one fifth of your weekly wage, but it still counts as time worked as per the act.

Whiplashy

eddiehen wrote: »

Well, to be fair, that's your employer doing you over. Time in lieu doesn't fall under the Organisation of Working Time Act. Your entitlements on a bank holiday are:

(a) a paid day off on that day,

(b) a paid day off within a month of that day,

(c) an additional day of annual leave,

(d) an additional day's pay

If you are agreeing with your employer that you will be taking time off in lieu, then you are effectively releasing your employer from their obligations. If you weren't due to work that day, then you are entitled to one fifth of your weekly wage, but it still counts as time worked as per the act.

According to both NERA and citizens information, the employer can give paid time off instead of pay for the day. Technically my employer does give me that so there covered and I'm down money every time there's a bank holiday. I've argued this point not just with social welfare and my employer but every organisation I could think of! Most part time workers loose out over bank holidays.

eddiehen

Whiplashy wrote: »

According to both NERA and citizens information, the employer can give paid time off instead of pay for the day. Technically my employer does give me that so there covered and I'm down money every time there's a bank holiday. I've argued this point not just with social welfare and my employer but every organisation I could think of! Most part time workers loose out over bank holidays.

NERA and CA get the basis for their advice from legislation. Otherwise they would just be making up information. Here is a link to the act if you don't believe me, and here is the link to section 21, but I'm suspecting crossed wires between yourself, your employers and CA as the act is quite specific about your entitlements.

To say that "most" part time workers lose out is probably the case, but that is more than likely down to not knowing their rights as far as BH's are concerned, and not taking it up as a grievance with them.

Out of interest, how far have you taken this grievance with your employer?

Whiplashy

eddiehen wrote: »

NERA and CA get the basis for their advice from legislation. Otherwise they would just be making up information. Here is a link to the act if you don't believe me, and here is the link to section 21, but I'm suspecting crossed wires between yourself, your employers and CA as the act is quite specific about your entitlements.

To say that "most" part time workers lose out is probably the case, but that is more than likely down to not knowing their rights as far as BH's are concerned, and not taking it up as a grievance with them.

Out of interest, how far have you taken this grievance with your employer?

I work for a large multi national. I've gone to my line manager, then the head of the Irish division of the company and the head of our division in the UK. The issue has been raised with them across the country from different team members. Originally we got nothing at all for bank holidays, and now under advice from NERA they are giving us the time in lieu. We're still fighting the issue, they've been given copies of the act with the section you refer to highlighted but we can't get it enforced because anyone we contact about it says they are doing nothing wrong.

Backstreet Moyes

So i presume the best way around this is just to ask the employer to let me work my hours in 2 days next week?

Whiplashy

Nuts102 wrote: »

So i presume the best way around this is just to ask the employer to let me work my hours in 2 days next week?

If you could do that you won't loose out. Hopefully your boss will be able to facilitate your request. It might be a bit short notice though, depending on what industry you're working in. Also if you could work Monday as one of your three days you won't loose out either. We work bank holidays but since we're all on casual dockets they're in high demand so I'd be lucky if I actually managed to get 2 a year.

eddiehen

Whiplashy wrote: »

I work for a large multi national. I've gone to my line manager, then the head of the Irish division of the company and the head of our division in the UK. The issue has been raised with them across the country from different team members. Originally we got nothing at all for bank holidays, and now under advice from NERA they are giving us the time in lieu. We're still fighting the issue, they've been given copies of the act with the section you refer to highlighted but we can't get it enforced because anyone we contact about it says they are doing nothing wrong.

Well continue to fight it. If everybody in your company that this affects is in agreement that the current time-in-lieu arrangement is less beneficial, then collectively dispute it. It would appear that while the general feeling is that something should be done about it, collectively nothing is being done about it. You mention that the issue was raised but was it raised to the extent that the dispute resolution process was initiated? If so, what was the outcome? If the outcome remained the same then it would suggest that there isn't enough people affected by the measure to change it.

If you have a big enough group to raise a dispute, you can arrange a collective agreement (also mentioned in the act) that is more beneficial to you. If you have a union, then that should make things easier.

O/P, apologies for dragging this off topic. As SW will look at the case as plain as it is in legislation, then working 2 days and the BH will make your 3 days for the week, and you will receive the same amount you normally receive. If you work 3 days, excluding the BH, then you won't receive anything.