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Holiday pay less than 20

  • 17-10-2018 9:11am
    #1
    dvdman1
    Registered Users, Registered Users 2 Posts: 512 ✭✭✭


    A friend of mine works 48hrs a week and is on a zero hours contract. He's worked like this for a few yrs now. Same hrs weekly same location.
    They calculate his holiday at 8% of hours worked.
    When he takes holidays he cant avail of the full 20 until he accumulates it first.
    Effectively hes treated like a part time worker.
    Is this proper as he rarely take his full 20 in a calendar yr with the having to bulid it up 1st.


Comments

  • #2
    ibarelycare
    Registered Users, Registered Users 2 Posts: 58,456 ✭✭✭✭ibarelycare


    Do you mean 20 days?

    His holidays are either being based on 8% of hours worked, or 4 working weeks (to a maximum of 20 days).

    Your employer isn't obliged to grant you your annual leave until you have worked it up. In a lot of workplaces (generally with salaried, full-time employees) they will allow you to take holidays before you have worked them up within a year, but they don't have to do that.


  • #3
    _Brian
    Registered Users, Registered Users 2 Posts: 18,718 ✭✭✭✭_Brian


    ibarelycare wrote: »
    Do you mean 20 days?

    His holidays are either being based on 8% of hours worked, or 4 working weeks (to a maximum of 20 days).

    Your employer isn't obliged to grant you your annual leave until you have worked it up. In a lot of workplaces (generally with salaried, full-time employees) they will allow you to take holidays before you have worked them up within a year, but they don't have to do that.
    Correct, the law is that you earn annual leave before taking it, some employers grant it in advance but they are not obliged to.


  • #4
    dvdman1
    Registered Users, Registered Users 2 Posts: 512 ✭✭✭dvdman1


    Ah i see,
    his year runs jan-dec
    So if he works the 1st 6 mths working 48hrs a week thats approximately 1344 hours 8% gets him 107.5 hrs of holidays by June and so on
    What if by December he hasnt used up his last accumulation is that just paid? he said hes not entitled to carry over days to the next year

    What about his zero hr contract effectively hes not casual at all..is this legal


  • #5
    BrokenArrows
    Registered Users, Registered Users 2 Posts: 7,501 ✭✭✭BrokenArrows


    dvdman1 wrote: »
    Ah i see,
    his year runs jan-dec
    So if he works the 1st 6 mths working 48hrs a week thats approximately 1344 hours 8% gets him 107.5 hrs of holidays by June and so on
    What if by December he hasnt used up his last accumulation is that just paid? he said hes not entitled to carry over days to the next year

    What about his zero hr contract effectively hes not casual at all..is this legal

    As far carrying over holidays, most companies have a policy on this.

    We accumulate holidays from Jan-Dec and have to use them before the end of January the following year.
    So we are allowed to carry over holidays for 1 month.

    His employers must have something like this, because if he works the last minute of 2018 then he is still legally entitled to 8% of that minute.


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