Is Holidays Pay Always 7 Percent?

Brid Hegarty

Just to address a few things regarding holidays entitlements. I've heard that one's total holidays pay should add up to 7% of their total pay. The company I'm currently with has me down as being owed 14 days holidays. There is one thing I've always wondered about this. Doesn't this figure have to be rounded up or down? Do employers not used this to get themselves a little extra cash?

Another thing is that I get a "site allowance" of €1 per each hour for where I'm based site. I'm told by others that this won't be paid for in my holidays pay. In the contract it reads the value of holiday entitlement will be calculated at the basic hourly rate applicable to your normal place of work. I suppose they're saying that it's because I won't be on 'site' during my holidays but it seems kind of funny that the rate I get paid to work changes while I'm on holidays??

The other question is based on how many hours I work per week. I work a 48 week, and I get paid for my breaks. Now I heard from others that the holidays pay is only based on a 39 hour week. Can they do that? Because if they do, then it wouldn't be adding up to 7%.

As established by Company/Union agreement your total leave hours will be calculated based on your actual hours worked in the 13 weeks prior to your holidays and paid to a maximum of 48 hours.

The bank holidays we get is only for 8 hours. Yet in the contract it says an employee not working on a public holiday will receive payment in accordance with the Organisation of Working Time Act, 1997 or if part-time, calculation will be made on a pro-rata basis. Public holiday pay will be paid at the applicable rate for hours worked and payment will take place the following week in your wages. I hear others say that we should get the full 12 hours pay for that bank holiday off.

In my contract it says I'm entitled to 4 weeks; and I'm not entirely sure if that's 20 days or 28 days. Anyway a lot of the guys who work here wouldn't be very well educated, and wouldn't spot these things so I get the impression that they chance a lot. It's worth bearing in mind that with this company that there were a number of mistakes on my first three payslips adding up to a total of €170.

Thanks for reading

The Mighty Quinn

My recollection of holiday pay from part time work was that I was due 8 hours pay for every 100 hours worked, which would be 8% rather than the 7% you've quoted.

I used to work based on random sites around the country for a construction company, my "ordinary place of work" was in Kilkenny, but i'd often be in Dublin or Cork or where have you, I was paid "country money" which is 181eur a week, tax free as a subsistence payment if based more than 32km away from ordinary place of work for the week.

I didn't get this money for the weeks I was on holidays, so it sounds the same as what you have, you're not going to get the extra 1eur an hour site allowance when you're not on site.

goldenhoarde

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

This details what the minimum is but you can get extra days from company based in years of service etc

"Site allowance" is likely paid only when on site so wouldn't get paid for holiday as the holidays pay would be on base pay only

Masala

And the 8% is not on overtime hours. Its just on yoour normal working hours as agreed in your contract

Akrasia

For most workers, they are entitled to 20 days of leave minumum per year, for part time workers, this is worked out as 8% of hours worked

For the construction industry, there are registered employment agreements relating to holiday entitlements which complicate things slightly (full time employees are entitled to 1 additional day of leave P/A but there are restrictions on when most of this leave can be taken) so if you're concerned that you're being underpaid

For employees who leave mid year there is a formula to calculate their pay in lieu of untaken leave.

"Cesser pay shall be calculated on the basis of 13.65 hours for each four week period during which the worker worked for not less than 117 hours, or otherwise in accordance with the provisions of the Organisation of Working Time Act, 1997."

https://www.workplacerelations.ie/en/registered_employment_agreements/rea_construction_industry_wages_and_conditions_of_employment.pdf

Brid Hegarty

https://www.boards.ie/discussion/comment/117759415#Comment_117759415

Unless it's changed from 7% to 8%! I remember adding up my holidays pay before and it coming to exactly 7%.

wench

https://www.boards.ie/discussion/comment/117763695#Comment_117763695

The Organization of Working Time Act is in place since 1997, and that is where the 8% is specified

http://www.irishstatutebook.ie/eli/1997/act/20/section/19/enacted/en/html#sec19

Brid Hegarty

Just another question for anyone who may know the answer. As I said above, in my contract it says that for holidays pay, that the "total hours will be calculated based on your actual hours worked in the 13 week period prior to your holidays and paid to a maximum of 48 hours". Therefore, depending on how much you worked during those weeks, your holidays pay mightn't add up to exactly 8%. Am I right?