Holiday pay?

Flossy15

Hello all,

I have been working for a hotel where I am required to work every weekend and most bank holidays and I'm usually given two days off a week so I don't get paid any extra for the Sundays and bank holidays, which I'm assuming is correct.

But recently I've been informed that I'm not entitled to any holiday pay as this is included in my hourly rate, I just wanted to check if this is normal and legal. I'm being paid about 10 euro an hour which they say covers all holidays etc. Any insight to this would be much appreciated!

Tigger

Flossy15 wrote: »

Hello all,

I have been working for a hotel where I am required to work every weekend and most bank holidays and I'm usually given two days off a week so I don't get paid any extra for the Sundays and bank holidays, which I'm assuming is correct.

But recently I've been informed that I'm not entitled to any holiday pay as this is included in my hourly rate, I just wanted to check if this is normal and legal. I'm being paid about 10 euro an hour which they say covers all holidays etc. Any insight to this would be much appreciated!

Were you informed of this in advance ?

scudzilla

Tigger wrote: »

Were you informed of this in advance ?

Informed or not, it's illegal not to give holidays

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/annual_leave_public_holidays.html

Stheno

scudzilla wrote: »

Informed or not, it's illegal not to give holidays

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/annual_leave_public_holidays.html

IP is not not being given holidays rather they have been told that pay for holidays and bank holidays is included in their normal hourly rate

Flossy15

No, I was working there part time for a while and the subject never came up as it was only seasonal work but now I've gone full time I was told that holiday pay was included in my rate. I've been sat here trying to work out if it all adds up but to be honest I'm a bit baffled by it all!

Stheno

Flossy15 wrote: »

No, I was working there part time for a while and the subject never came up as it was only seasonal work but now I've gone full time I was told that holiday pay was included in my rate. I've been sat here trying to work out if it all adds up but to be honest I'm a bit baffled by it all!

Exactly how much are you paid per hour, how old are you and is this your first job?

Flossy15

At the moment it's 9.84 an hour but I've been told this could possibly go up to 10.50 maybe 11 an hour, to be honest it's all been a bit cryptic! I'm the grand old age of 36 and it's my first job in Ireland but by no means my first ever job ��

Stheno

Flossy15 wrote: »

At the moment it's 9.84 an hour but I've been told this could possibly go up to 10.50 maybe 11 an hour, to be honest it's all been a bit cryptic! I'm the grand old age of 36 and it's my first job in Ireland but by no means my first ever job ��

First job in Ireland may mean you are subject to 7.40 an hour as minimum wage.

Even at full min. Wage that's 9.25 per hour.

Normal holiday pay is 8% of hours worked which on min wage and it being included in hourly rate would mean 9.99 per hour and that wouldn't include bank holiday pay.

Flossy15

Right ok, I think I get it, so if it does go up to 10.50 or 11 an hour then I should be covered for all holidays including bank, but it just means I'm still on minimum wage, can't say I'm too happy about that lol. Thanks for your help

allthedoyles

There are various workers unions that give advice on this topic . You could contact one of them but first check your contract of employment

Stheno

Flossy15 wrote: »

Right ok, I think I get it, so if it does go up to 10.50 or 11 an hour then I should be covered for all holidays including bank, but it just means I'm still on minimum wage, can't say I'm too happy about that lol. Thanks for your help

You are not being paid correctly now though?

Flossy15

No it doesn't seem so, but neither do I get paid on time, it's quite normal to have to keep asking for my money two weeks after it's due. I think I might need to start looking elsewhere, and ask the questions about holiday pay before I start!

eurasian

This can't be true, l dear OP. Im on minimum wage full time Mon to Friday and do get my holiday pay. You need to report your employer to relevant authorities. This is a joke.

Kristopherus

Flossy15 wrote: »

No it doesn't seem so, but neither do I get paid on time, it's quite normal to have to keep asking for my money two weeks after it's due. I think I might need to start looking elsewhere, and ask the questions about holiday pay before I start!

Report your employer to NERA. Your employer is acting illegally.

Flossy15

I'll see if they come up with this pay rise first, then that should even things out, if not then I'll be off and they can forget their 1 months notice!

midfield dynamo

An employer cannot pay you in lieu of annual leave. You build it up, you take it. Even if they pay you €50 an hour, they cannot say this incorporates annual leave.

Also, if you work on Sunday you are entitled to a "premium payment". This rate is not set in stone but it must be higher than your regular hourly rate, unless you work in one of the industries that have orders set out by the Labour court.

If you work a public holiday then you are entitled to an extra days pay or an additional day off in lieu. If a public holiday falls on a day you don't normally work then you're entitled to be paid one fifth of your weekly wage.

If you're not getting what you're legally entitled to, you can lodge a complaint with the workplace relations commission.

Tigger

Stheno wrote: »

First job in Ireland may mean you are subject to 7.40 an hour as minimum wage.

Even at full min. Wage that's 9.25 per hour.

Normal holiday pay is 8% of hours worked which on min wage and it being included in hourly rate would mean 9.99 per hour and that wouldn't include bank holiday pay.

Yeah I got slightly more factoring in the pro rata bank holiday pay

ella23

Your employer is completely breaking the law if they do not grant you holiday leave. If you are working full time (39 hours a week) you are entitled to 20 days annual leave minimum. This is not including your two days off a week or public holidays, which if you are working you should be paid in lieu for. This is the wording from http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/annual_leave_public_holidays.html

Under Section 19 (1) of the Act you are entitled to a basic annual paid leave entitlement of 4 weeks. There are 3 different ways of calculating your annual leave entitlement:

Based on the employee's working hours during what is called the leave year, which runs from April to March. An employee who has worked at least 1,365 hours in a leave year is entitled to the maximum of 4 working weeks' paid annual leave unless it is a leave year in which they change employment. Many employers use the calendar year (January-December) instead of the official leave year to calculate entitlement
By allowing 1/3 of a working week for each calendar month in which the employee has worked at least 117 hours
8% of the hours worked in the leave year, subject to a maximum of 4 working weeks
An employee may use whichever of these methods gives the greater entitlement. When calculating the entitlement, employers should include all hours worked including time spent on annual leave, maternity leave, parental leave, force majeure leave, adoptive leave or the first 13 weeks of carer’s leave.

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

Part-time work: Generally, the annual leave for part-time workers is calculated using the 3rd method, that is, 8% of hours worked. If you work full time for some months and the rest of the year you work part time, you should calculate the leave for the full-time and the part-time periods of work separately.

I hope this helps, please don't let this employer take advantage of you!