Holiday pay/ annual leave issue

miss.lost

Up until one month ago I was working full-time in a retail job for a year. During that time I never received a days holidays , (so never a paid day off) but my employer paid us our holidays (in lieu of time) with each fortnightly paycheque. He worked it out at 8% of our pay that payslip. Is this allowed! I know I was technically getting payed but could never take any holiday as we couldn't afford to. Please could anybody tell me if this is ,legal and above board.

Thank you!!!

I hope this is in the correct place, Mods please move if not!!!

whomitconcerns

You can't be paid for statutory days. Ie 20 per year prorated. 8% is the correct rate. Over 20 days he could give you the money if you 'didn't have time to take them'

miss.lost

whomitconcerns wrote: »

You can't be paid for statutory days. Ie 20 per year prorated. 8% is the correct rate. Over 20 days he could give you the money if you 'didn't have time to take them'

Thanks! So basically all is above board and there is nothing I can do?! I'm just a bit miffed as to why he can get away with never allowing me holiday time! 1 year full time with no break? Apart from of course my weekends or rota'd days off

Ken.

Have a read of this, Your employer has to give you your holidays http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/annual_leave_public_holidays.html


An employee who has worked for at least 8 months is entitled to an unbroken period of 2 weeks' annual leave.


If you are not getting your holiday entitlement you may make a complaint under the Organisation of Working Time Act 1997 within 6 months of the dispute or complaint occurring. You must use the new online complaint form (available by selecting ‘Make a complaint in relation to employment rights’ on workplacerelations.ie). The time limit may be extended for up to a further 6 months, but only where there are exceptional circumstances which prevented the complaint being brought within the normal time limit.

athtrasna

As you no longer work there and did get paid extra what do you hope to gain from this. Your former employer gets a rap on the knuckles and maybe a fine if reported and investigated. The time to complain was when you were working there and being directly affected.

Kristopherus

miss.lost wrote: »

Thanks! So basically all is above board and there is nothing I can do?! I'm just a bit miffed as to why he can get away with never allowing me holiday time! 1 year full time with no break? Apart from of course my weekends or rota'd days off

He paid you ! Why are you complaining? As previously posted he paid you at the correct rate. Move on. Nobody died.

gozunda

Kristopherus wrote: »

He paid you ! Why are you complaining? As previously posted he paid you at the correct rate. Move on. Nobody died.

Ahh the ol 'suck it up' answer. :rolleyes: So I gather from your reply you condone blatent breaking of national employment law. I may be wrong but I believe the boards charter specifically prohibits supporting law breaking /illegal activity in any form.

How would it sound if you said if the OP got mugged but the thief was caught and he was refunded - does that make the original mugging somehow magically ok?? No ?

Stheno

Kristopherus wrote: »

He paid you ! Why are you complaining? As previously posted he paid you at the correct rate. Move on. Nobody died.

Ok is entitled to statutory holidays being paid for them is illegal

Addle

Did you ever look to take a day off?
Reads from your OP that you were being paid extra in lieu of annual leave from the beginning of your time in that employment.
Did you not query it then?

Stheno

Addle wrote: »

Did you ever look to take a day off?
Reads from your OP that you were being paid extra in lieu of annual leave from the beginning of your time in that employment.
Did you not query it then?

It's illegal Robson this for statory leave

miss.lost

Stheno wrote: »

It's illegal Robson this for statory leave

Thanks for all the replies so far! To the poster who said "move on", well I have done but I just queried if this was legal? Surely and employer has to allow people time off (leave) for say, recreation, a break, to move house, whatever! I never got any if this time and never agreed (or signed contract) to be paid per paycheck! I was just wondering if and how this is allowed?! And if not should I bring it to some authorities attention! Thanks all!

miss.lost

And also, yes I asked many times when could I take some annual leave and was always told "il look in to it"!

miss.lost

athtrasna wrote: »

As you no longer work there and did get paid extra what do you hope to gain from this. Your former employer gets a rap on the knuckles and maybe a fine if reported and investigated. The time to complain was when you were working there and being directly affected.

Hi! I'm not hoping to gain anything but I did question all of this during my term there, and queried it many times only or be brushed off as it was obviously not above board, and he knew it ,so now that i am no longer working there why should it be a case of just brushing the issue under the carpet just because my term was up??

There are still other staff there (for 3/4 years) who only in the last 5 months got their Bank hol entitlements( again, only once the issue was raised)!

I just don't like this as so many hardworking and decent employers put huge effort and care into HR and looking after staff and then these people can do what they like!!?

Report or not..... Help....

Ps. This is a well known and established company

Pat Mustard

You cannot expect reliable information from the web, ever. Even if there is correct information out there, it will be surrounded by useless and incorrect information.

You need to speak to somebody who knows about employment law. Some union reps know their stuff. Some of them do but some of them are just good bluffers who talk the talk but can't walk the walk. Not all solicitors are very familiar with this area of law either.

In any event, if you have a question, you need to speak to somebody who knows what they are talking about. This is not the place for answers to critical questions.

Carawaystick

The Mustard wrote: »

You cannot expect reliable information from the web, ever.


Not all solicitors are very familiar with this area of law either.

Surely Ignorantia legis neminem excusat means all solicitors (and judges etc.) should know the law....

or else the doctrine is faulty (at best)




obviously a lot of info from the web is untrustworthy, but govt websites, legislation online, cdc atlanta for generally accepted info on infectious disease are fairly trustworthy....

Pat Mustard

Carawaystick wrote: »

Surely Ignorantia legis neminem excusat means all solicitors (and judges etc.) should know the law....

or else the doctrine is faulty (at best)

That phrase means 'ignorance of the law is no excuse'. This means that it is no defence to a charge or a civil claim, that one did not know that one's actions were illegal.

That phrase does not mean that all lawyers should know the law.

Carawaystick

The Mustard wrote: »

That phrase does not mean that all lawyers should know the law.

if all citizens should know that their actions are not illegal, then surely the subset of citizens who can charge citizens to give legal advice should know all the law?.

Pat Mustard

Carawaystick wrote: »

if all citizens should know that their actions are not illegal, then surely the subset of citizens who can charge citizens to give legal advice should know all the law?.

I'm aware of the latin phrase that you quoted previously but nobody said that all citizens should know the law.

It's not realistic to expect all lawyers to know all of the law, outside of their chosen areas of practice. Even general practitioners will probably only practise in a few discrete areas of law.

234

Carawaystick wrote: »

if all citizens should know that their actions are not illegal, then surely the subset of citizens who can charge citizens to give legal advice should know all the law?.

Citizens are not required to know all of the law, merely those areas which affect their activities. So the average retail worker has no need to know about corporate law, environmental regulation, etc.

And there are lawyers available to advise on all areas, just not the one lawyer.