Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Holiday Pay, How far back can I claim?

  • 17-08-2005 10:30am
    #1
    Dont Ban Me
    Closed Accounts Posts: 1,233 ✭✭✭


    Hi,

    I've read the sticky regarding the entitlement to holiday pay but cant find anything to say if I am or am not allowed to claim it back for roughly 3years?
    I've been working in my job now while attending college fsince October 2002, ive left twice, at the start of the summers 2003 + 2004. I have been working since September 2004 and while being regarded as "part-time" I've been working anything from 25 -to- 60 hours a week, but recently about 30 -to-40hrs. I intend to leave in September to go to Australia and w ant to claim my holiday pay before I leave, its 8% of my gross as far as I know, but Im just wondering if I can claim it back for the prevous two years where I worked significantly less??

    Any help much appreciated, as I know my employer will try not to pay whatever he can get away with!


Comments

  • #2
    nesf
    Registered Users, Registered Users 2 Posts: 27,644 ✭✭✭✭nesf


    Holiday pay is only valid for the year in question I believe.

    Although I could be wrong about this.


  • #3
    Random
    Closed Accounts Posts: 19,080 ✭✭✭✭Random


    I believe I read on the Oasis site that you are entitled to pay for any unclaimed holidays when you leave the company, but check it up yourself...


  • #4
    whiskeyman
    Registered Users, Registered Users 2 Posts: 12,564 ✭✭✭✭whiskeyman


    After each time you left the company, they should have settled any outstanding statutory holiday leave.
    I'm surprised you didnt question it then.
    You will only be able to reclaim for this year it seems.
    The below is from www.oasis.gov.ie

    Annual leave should be taken within the appropriate leave year, or with your consent, within 6 months of the relevant leave year. Further holding over (also known as "carrying-over") of annual leave at your wish is a matter for agreement between you and your employer. However you cannot be paid in lieu of leave unless your employment is terminated

    If terminated (In your case) the below applies:

    Compensation is payable by the employer to an employee where the employee ceases to be employed and any portion of the annual leave accrued by the employee in that leave year remains to be granted to the employee. If the employee ceases to be employed in the first half of a leave year then the employer is obliged to compensate the employee for any annual leave which has been accrued by the employee in that leave year and the previous year but has not yet been granted to the employee at the time of cessation of employment.

    The fact that we're not in the second half of the leave year, you will only be able to claim for this year, and not since September.

    Your employers should have records of all hours you've worked - If not, he/she could be in trouble (Organisation of Working Time Act, 1997).
    Holiday pay will be calculated off this and should be in your final payslip.

    Best of luck and have a blast in Oz!


Advertisement