boss won't pay holiday pay

Colash

Have had this on going issue now with my employer for a while now. Didnt take any holidays from work this year and have asked my boss could I receive the Holliday pay I'm owed. Which it seems he won't pay. What is the law on Holliday pay if you don't take any day's leave as holidays throughout the year?

Stheno

Colash wrote: »

Have had this on going issue now with my employer for a while now. Didnt take any holidays from work this year and have asked my boss could I receive the Holliday pay I'm owed. Which it seems he won't pay. What is the law on Holliday pay if you don't take any day's leave as holidays throughout the year?

It's illegal to not take any holidays during the year, or to be disallowed to do so.

Statutory annual leave for a full time employee is 20 days and employers are obliged to facilitate it.

Have you chosen not to take holidays, or have you been prevented from doing so?

Colash

Stheno wrote: »

It's illegal to not take any holidays during the year, or to be disallowed to do so.

Statutory annual leave for a full time employee is 20 days and employers are obliged to facilitate it.

Have you chosen not to take holidays, or have you been prevented from doing so?

I just never took them as I had no need to. Last year I had the same issue an only received 60 hrs Holliday pay, which I think is incorrect as I work a 42 hour week.

doubter

holidays paid out are highly taxed. he has to pay you out (and give you a detailed payslip), that your right. However, he can say that he will only pay you out after the first 3 month of the new year and you haven't taken any.
I would strongly suggest you take the holidays as the taxman will eat 50% of the pay out.



Mod-note: please see the later update from this poster below - http://www.boards.ie/vbulletin/showpost.php?p=93008824&postcount=12

runawaybishop

Colash wrote: »

I just never took them as I had no need to. Last year I had the same issue an only received 60 hrs Holliday pay, which I think is incorrect as I work a 42 hour week.

It is illegal under the Organisation of Working Time Act, 1997 for an employer to pay an allowance in lieu of the minimum statutory holiday entitlement of an employee unless the employment relationship is terminated.

You aren't entitled to be paid for holidays you refused to take. Use them or lose them tbh, any pay from your employer would purely be a gesture of good will. You can probably look forward to them insisting on set holiday dates in future to avoid this again.

Phantasos

Colash wrote: »

I just never took them as I had no need to. Last year I had the same issue an only received 60 hrs Holliday pay, which I think is incorrect as I work a 42 hour week.

Why don't you just take your holidays? Take two weeks off during the summer, save a few days for emergencies and long weekends.

JIdontknow

I could be wrong but I think by law you HAVE to take a certain amount of days off each year. Also companies often state only a certain amount can be carried over so it is in your own interest to take them.

The fact you state that you "had no need to take them" puts the onus on you somewhat, its not as if the company wouldn't allow you take them.

You COULD, try ask now can you take them all at christmas, they may object because it means you are getting 3-4 extra weeks off and may be an inconvenience to the company and your position, the boss may turn around and offer to pay some and you take some (which it seems you want to be paid for them as opposed to take them, bearing in mind you WILL be taxed a lot on them-this is only a suggestion and would mean goodwill on the company side), however check your contract as sometimes it states that holiday leave must be given clearance in advance etc.

Personally I can understand the company / bosses viewpoint in this, without meaning to sound harsh.

Greenmachine

JIdontknow wrote: »

I could be wrong but I think by law you HAVE to take a certain amount of days off each year. Also companies often state only a certain amount can be carried over so it is in your own interest to take them.

The fact you state that you "had no need to take them" puts the onus on you somewhat, its not as if the company wouldn't allow you take them.

You COULD, try ask now can you take them all at christmas, they may object because it means you are getting 3-4 extra weeks off and may be an inconvenience to the company and your position, the boss may turn around and offer to pay some and you take some (which it seems you want to be paid for them as opposed to take them, bearing in mind you WILL be taxed a lot on them-this is only a suggestion and would mean goodwill on the company side), however check your contract as sometimes it states that holiday leave must be given clearance in advance etc.

Personally I can understand the company / bosses viewpoint in this, without meaning to sound harsh.

Not sure if anything has changed. I seemed to remember that basic holiday entitlement is for 8 hours holiday for every 100 hours worked. Failure to take results in a payment of 6 hour for every 8 hours of unused holidays. If you have accumulated a lot of hours you will get shafted by the tax max when the lump sum hits your paycheck.

NewYork1979

The amount of holiday pay you got paid last year based on a 42 hour week is way too low. You are entitled to 8% holidays based on hours worked.

Take your holidays, it's not worth being paid unless you really need the money, a lot goes on tax.

runawaybishop

NewYork1979 wrote: »

The amount of holiday pay you got paid last year based on a 42 hour week is way too low. You are entitled to 8% holidays based on hours worked.

Take your holidays, it's not worth being paid unless you really need the money, a lot goes on tax.

You aren't entitled to be paid for holidays you didn't take though.

NewYork1979

runawaybishop wrote: »

You aren't entitled to be paid for holidays you didn't take though.

Yes you are correct.

Generally companies will only allow you take over so many holidays to the following year, as someone said you lose them if you don't use them. They don't have to pay you for them unless they agree to do so as a gesture of goodwill.

doubter

NewYork1979 wrote: »

Yes you are correct.

Generally companies will only allow you take over so many holidays to the following year, as someone said you lose them if you don't use them. They don't have to pay you for them unless they agree to do so as a gesture of goodwill.

Yes, i have to correct my statement as well.Checked with our HR department. it is actually illegal to pay out entitlements in cash.Holidays can only be paid out if your employment is terminated and you have holidays accrued that you can not take before termination date.You are not entitled to be paid for non taken holidays.Take them.You'll be surprised how nice it is to be off work..:-)

Colash

I better get my finger out so. As we get a letter every December stating that no holidays can be taken during December or over the Xmas!! '

runawaybishop

Colash wrote: »

I better get my finger out so. As we get a letter every December stating that no holidays can be taken during December or over the Xmas!! '

If your boss/hr agree you can take them within 6 months of the leave period ending.