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Trouble with Christmas Holidays - Need Legal Information

  • 09-12-2013 8:20pm
    #1
    TheLingKing
    Registered Users, Registered Users 2 Posts: 8 ✭


    Hi guys,

    At the moment I am working full time in a cafe. Every week i get two days off out of the seven. I found out recently that Christmas day will be counted as one of these days off. Am i right in thinking that as this is a public holiday I am being done out of one of my days off? My employer says that I have been told in my contract that this is the case but my contract states

    "Annual leave entitlement shall accrue at 20 days per year in addition to statutory public holidays"


    So does this mean that I lose out on one of my days off?

    Thanks in advance!!
    Tagged:


Comments

  • #2
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    AFAIK, Christmas is a Public Holiday and should not come from your Annual Leave allocation. Ditto St Stephen's Day and New Year's Day.


  • #3
    TheLingKing
    Registered Users, Registered Users 2 Posts: 8 ✭TheLingKing


    ABajaninCork wrote: »
    AFAIK, Christmas is a Public Holiday and should not come from your Annual Leave allocation. Ditto St Stephen's Day and New Year's Day.

    It's not coming from my Annual Leave, but its coming from my two days off that I am entitled to per week.


  • #4
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    I think it would be treated the same as Annual Leave if it's your scheduled days off. I stand to be corrected though. Check with the Citizen's Information or NERA.


  • #5
    TheLingKing
    Registered Users, Registered Users 2 Posts: 8 ✭TheLingKing


    ABajaninCork wrote: »
    I think it would be treated the same as Annual Leave if it's your scheduled days off. I stand to be corrected though. Check with the Citizen's Information or NERA.

    Yeah that's what I would think and assume! I'm hoping someone else can shed more light on this situation as it is causing some problems with me for my Christmas plans...


  • #6
    December2012
    Registered Users, Registered Users 2 Posts: 4,695 ✭✭✭December2012


    Ring nera - they will give you the full information you can rely on.


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  • #7
    TheLingKing
    Registered Users, Registered Users 2 Posts: 8 ✭TheLingKing


    December2012 wrote: »
    Ring nera - they will give you the full information you can rely on.

    Okay, will call them tomorrow then. Thank you very much!


  • #8
    tatli_lokma
    Registered Users, Registered Users 2 Posts: 3,332 ✭✭✭tatli_lokma


    As long as it's not coming out of your annual leave they can stipulate that your days off be Christmas and Stephens day. Nothing illegal in that. However they would have to give you either pay for those days plus the day off or the day off and a day in lieu within 6 weeks. So basically they can say that your 2 days off are the bank holidays but you should get them at a later date or get an extra 2 days wages that week.


  • #9
    robjones1981
    Registered Users, Registered Users 2 Posts: 311 ✭✭robjones1981


    TheLingKing wrote: »
    Okay, will call them tomorrow then. Thank you very much!

    Did you get a definitive answer from Nera on this?


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