My last day of my leaving notice is a Sunday, so will I be paid for the weekend?

kevincool

Hi,
I submitted my resignation on Sep 5 and my one month notice started then and ends on Oct 5. Oct 4 and 5 is the weekend so my manager says he will pay for only the first 3 days of Oct as my last working day is Oct 3 but I am saying I should be paid for the 5 days in Oct. Who is right over here?

davo10

kevincool wrote: »

Hi,
I submitted my resignation on Sep 5 and my one month notice started then and ends on Oct 5. Oct 4 and 5 is the weekend so my manager says he will pay for only the first 3 days of Oct as my last working day is Oct 3 but I am saying I should be paid for the 5 days in Oct. Who is right over here?

Are you working on Saturday and Sunday 4th and 5th if October? Would you normally work/get paid for working Saturdays and Sundays?

locum-motion

I am assuming that, like most people, you get paid for hours of work you have completed.

Will you actually do any work on 4th & 5th of October? If so, then you deserve to be paid for it.

However, if you leave the workplace at the end of your shift on the 3rd of October, and don't come back, then why would you expect to be paid for the 4th & 5th?

kevincool

Hi,
I'm a permanent contract employee and my salary is paid monthly. I will not be working on 4th and 5th as it is weekend. Why should I lose my two days of salary which is 250-300 euros just because my last two days of notice is a weekend?

nibtrix

kevincool wrote: »

Hi,
I'm a permanent contract employee and my salary is paid monthly. I will not be working on 4th and 5th as it is weekend. Why should I lose my two days of salary which is 250-300 euros just because my last two days of notice is a weekend?

When they're calculating your salary for Oct 1-3 they should divide your monthly salary by the number of working days in the month and then multiply by 3. If they divided your monthly salary by 31 days and paid three then you would lose out all right.

davo10

kevincool wrote: »

Hi,
I'm a permanent contract employee and my salary is paid monthly. I will not be working on 4th and 5th as it is weekend. Why should I lose my two days of salary which is 250-300 euros just because my last two days of notice is a weekend?

Ok so, are you expecting to be paid for the other Saturdays and Sundays during your months notice? Your monthly pay is based on the days you work, Monday to Friday.

If you are paid the same amount monthly, your pay is not calculated based on the number of days in the month, it is based on your yearly gross divided by 12. Some months you work less days than others but the monthly pay averages out over a year. Because you are not working the whole calendar month of October, they have to use a second calculation ( If you are only working 3 days in October, your pay for these days will be calculated by: yearly gross/52/5 x 3.to calculate the pay for three days)

If on the other hand your monthly pay varies depending on the number of days worked in the month, then your monthly pay is calculated on a daily rate: divide your year gross by the number of working days in the year (Monday - Friday if you do not work weekends) and multiply by number of days worked in that particular month.

Neither calculation includes payment for Saturday and Sunday because? You don't work Saturdays and Sundays.

The_Conductor

It really depends on how the OP's salary is calculated.
My salary is calculated on a daily basis.
I never work Saturday's or Sundays.
If I'm off on unpaid leave during the week- I loose 1/7 a week's pay.
If I'm on sick leave on a Friday or Monday (and I have Crohn's Disease- so yes, it does happen)- its actually 3 days sick leave- as they count the Saturday and Sunday- despite me not working those days.

Some sectors look at a 365 day year- and work on that basis- despite the employee working a 5 day week- its actually a lot more common than you'd imagine (its the norm in the public sector from Junior Management grades up for example).

The OP needs to look to see what his/her contract actually states.

davo10

The_Conductor wrote: »

It really depends on how the OP's salary is calculated.
My salary is calculated on a daily basis.
I never work Saturday's or Sundays.
If I'm off on unpaid leave during the week- I loose 1/7 a week's pay.
If I'm on sick leave on a Friday or Monday (and I have Crohn's Disease- so yes, it does happen)- its actually 3 days sick leave- as they count the Saturday and Sunday- despite me not working those days.

Some sectors look at a 365 day year- and work on that basis- despite the employee working a 5 day week- its actually a lot more common than you'd imagine (its the norm in the public sector from Junior Management grades up for example).

The OP needs to look to see what his/her contract actually states.

As always, it's all down to the contract. If the contract states that pay is based in a "working week, days of work being Monday to Friday" then no pay for Saturday and Sunday, I think the default answer to all queries of this type should be "check your contract for pay terms and conditions before posting", otherwise everyone is guessing about what the right answer/advice is, as you have shown, every business has their own way of calculating pay/paying employees. I pay my employees weekly, it's simpler to calculate/pay employees for time worked.

To labour the point a little bit more, if OP receives three 365th of his gross yearly pay for those three days, then of course he should receive another two 365th for the Saturday and Sunday. But if he receives three 261st of his yearly pay (taking that there are 52 weekends in this calendar year for the sake of simplicity) then he is being paid the correct amount if that is the way they have calculated his wages in the past.

kevincool

Thanks all for your comments, it helped. So my 3 days of salary would be (3 * X)/23 where X is my monthly salary and 23 is number of working days in October.

leeroybrown

In Irish common law a "month" is 28 days unless otherwise clarified. Unless your contract says "calendar month" they're perfectly fine not to pay you for the two days.

The_Conductor

kevincool wrote: »

Thanks all for your comments, it helped. So my 3 days of salary would be (3 * X)/23 where X is my monthly salary and 23 is number of working days in October.

It doesn't matter how many working days there are in the month- if you're being paid on the basis of a 7 day week (even if you don't work the Saturday and Sunday). If a month is a standard 28 days- and you miss out on a Saturday and a Sunday- its 2/28ths.

Normally its phrased in such a way to include the Saturday and Sunday- by referring to the 'last day/date you attended at work'- which automatically includes the Sat and Sun (even though you would not normally have worked them).........

Did you manage to track down a copy of your contract?

kevincool

This is what my contract says,

Hours of Work

The normal working day is from 09:00 to 17:00 with a one hour unpaid lunch break Monday to Friday but you may be required to work at weekends from time to time. You will be expected to be reasonably available to travel and work outside normal office hours necessary to meet the requirements of the business, without additional remuneration, holidays or leave, subject to the limits laid down in the Organisation of Working Time Act, 1997.

Notice

Your employment may be terminated either by you or by the Company by giving one calendar months notice to the other.

davo10

kevincool wrote: »

This is what my contract says,

Hours of Work

The normal working day is from 09:00 to 17:00 with a one hour unpaid lunch break Monday to Friday but you may be required to work at weekends from time to time. You will be expected to be reasonably available to travel and work outside normal office hours necessary to meet the requirements of the business, without additional remuneration, holidays or leave, subject to the limits laid down in the Organisation of Working Time Act, 1997.

Notice

Your employment may be terminated either by you or by the Company by giving one calendar months notice to the other.

The contract terms indicate that you are paid for working Monday to Friday, so no payment for Saturday & Sunday unless you are required to work those days. Friday the 3rd is the last working day of your notice period, you are not due a payment for the 4th and 5th unless you work those days.