Calculation of holiday hours

PMBC

How, exactly, are holiday hours calculated? Is there a difference for hourly employed workers? In this instance i have been employed on an hourly basis for more than ten weeks during which my daily hours, Monday to Friday, have always been 8.5.
As a rider, are hours after 39 paid at overtime rate - strangely my o/t rate, which I am always paid, does not start until >40!?

Is there any censure for employer's/agencies paying incorrect rates and different rates to different employees - this latter seems to me like a scam, but then, maybe, I'm just neurotic?!

GM228

PMBC wrote: »

How, exactly, are holiday hours calculated? Is there a difference for hourly employed workers? In this instance i have been employed on an hourly basis for more than ten weeks during which my daily hours, Monday to Friday, have always been 8.5.
As a rider, are hours after 39 paid at overtime rate - strangely my o/t rate, which I am always paid, does not start until >40!?

Is there any censure for employer's/agencies paying incorrect rates and different rates to different employees - this latter seems to me like a scam, but then, maybe, I'm just neurotic?!

Calculated in what way, for actual time off or for rate of payment?

Actual time off is based on the "working week" basis:-

A.4 working weeks in a leave year in which he or she works at least 1,365 hours (unless it is a leave year in which he or she changes employment),

B. One-third of a working week for each month in the leave year in which he or she works at least 117 hours, or

C. 8 per cent. of the hours he or she works in a leave year (but subject to a maximum of 4 working weeks).

With regards the actual amount of remuneration, that is a different issue, Irish employers pay a flat week (i.e including bonus and allowances which are regular and don't change - however any bonus or allowances which vary and overtime are not paid). This is actually in accordance with Irish legislation, which is contrary to the Directive 93/104/EC (The Organisation of Working Time Directive). Despite a number of ECJ judgements on the matter Ireland has not changed it's national legislation to catch up with the requirements.

Masala

I also have a query

If someone works for the Summer and gets a 39 hr week plus say 6 hrs a week overtime... At the end of say 10 weeks work does he get 8% of 45x10= 450 x 8% as holiday pay??? Or is holiday pay strictly on basis hrs??? So 39x10=390 x8%?

If the overtime is at Double time... does it mean the the 6 becomes 12 and the calculation becomes 51x10=510 x8% ??

BrianBoru00

Entitled to 4 weeks per week worked which is taken to be 20 days in general

Overtime is not generally included so it would just be on your base hours.

So if you work for 10 weeks you are entitled to 10/52(20) so you would currently be entitled to about 4 days though your employer may say you need to have worked up a weeks worth to take them (not sure of statutory requirement on this one)
Edited to remove inaccurate advice re hours not being included as per whomitconcerns post below

whomitconcerns

Overtime is included for hourly employees holiday entitlement. If you work for 50 hours then 50 hours count towards your overtime calculation. 8% of hours up to a maximum of 160 hours in a year (20 days)

So masala for your question its 450x8%. Overtime rates are nothing to do with the calculation. Just the actual hours are relevant

notharrypotter

whomitconcerns wrote: »

Overtime is included for hourly employees holiday entitlement. If you work for 50 hours then 50 hours count towards your overtime calculation. 8% of hours up to a maximum of 160 hours in a year (20 days)

So masala for your question its 450x8%. Overtime rates are nothing to do with the calculation. Just the actual hours are relevant

Curious. Can you link the source please?

rock22

Masala wrote: »

I also have a query

If someone works for the Summer and gets a 39 hr week plus say 6 hrs a week overtime... At the end of say 10 weeks work does he get 8% of 45x10= 450 x 8% as holiday pay??? Or is holiday pay strictly on basis hrs??? So 39x10=390 x8%?

If the overtime is at Double time... does it mean the the 6 becomes 12 and the calculation becomes 51x10=510 x8% ??

No.
No.

PMBC

Thanks to all of you who posted replies

I would always calculate holiday pay from the actual hours worked in any given period. In essence, you’re not getting any more allowance than you’re entitled to, you just reach the allowance quicker.

whomitconcerns

notharrypotter wrote: »

whomitconcerns wrote: »

Overtime is included for hourly employees holiday entitlement. If you work for 50 hours then 50 hours count towards your overtime calculation. 8% of hours up to a maximum of 160 hours in a year (20 days)

So masala for your question its 450x8%. Overtime rates are nothing to do with the calculation. Just the actual hours are relevant

Curious. Can you link the source please?

Years of studying and the below

http://www.irishstatutebook.ie/eli/1997/act/20/enacted/en/html