Should I be getting paid for public holidays, even if I'm not working?

hasdanta · 05-01-2020 05:59PM #1

Recently I was talking to my boyfriend who works in a fast-food restaurant and he informed me that on public holidays that his staff get paid, even if they are not working. I work in a clothes shop and do not get paid for public holidays if I am not working.

I initially presumed it was courtesy thing from his company, but after talking to his office manager, she told me that I should be getting paid at least 4 hours for a public holiday (or something to that extent), even when not working, especially if the company is Irish owned (which the company I work for is).

I then did some research on citizens' information and found this:

"If you have worked for your employer at least 40 hours in the 5 weeks before the public holiday and the public holiday falls on a day you normally work you are entitled to a day's pay for the public holiday. If you are required to work that day you are entitled to an additional day's pay.

If you do not normally work on that particular day you should receive one-fifth of your weekly pay. Even if you are never rostered to work on a public holiday you are entitled to one-fifth of your weekly pay as compensation for the public holiday.

If you do not have normal daily or weekly working hours, under SI 475/1997, an average of your day’s pay or the fifth of your weekly pay is calculated over the 13 weeks you worked before the public holiday.

In all of these situations your employer may choose to give you paid time off instead of pay for the public holiday"

I am part-time worker. I always work the 40 hours within 5 weeks before any public holidays. I have no "set" days off per my contract, but usually work Saturday and Sunday and have the rest of the days off due to college, which was agreed upon management before I was hired as I have college Monday-Friday. Whenever there is a public holiday, I usually work because I'm either finished college/my college is shut down for the public holiday.

Whenever I work a public holiday, we do get time and a half (double pay for Stephen's day). Whenever there is a public holiday, management get a day-in-lieu (worth 8 hours of pay). Everyone bar management is on a 6 hour part-time contract and we get nothing as compensation for a public holiday.

Am I entitled to be getting paid for public holidays when not working? It seems according to citizens information I should be entitled to 1/5 of my weekly pay.

dennyk · 05-01-2020 07:00PM

Yes, you should be getting pay equal to 1/5th of your normal weekly pay (or 1/5th of your average weekly pay from the past few months if you don't have a fixed salary or contracted hours) for every public holiday when you are not normally scheduled to work on said holiday. In your case it may not amount to much since you only work two days a week, but you are owed that holiday pay. Also, when you do work on a public holiday, time-and-a-half is not sufficient; you must be paid at least "double time" for that holiday work (unless your employer chooses to give you an additional annual leave day or another paid day off within a month of the holiday instead of the additional day's pay). You can contact the Workplace Relations Commission for advice on how to address the matter.

splinter65 · 05-01-2020 09:34PM

hasdanta wrote: »

Recently I was talking to my boyfriend who works in a fast-food restaurant and he informed me that on public holidays that his staff get paid, even if they are not working. I work in a clothes shop and do not get paid for public holidays if I am not working.

I initially presumed it was courtesy thing from his company, but after talking to his office manager, she told me that I should be getting paid at least 4 hours for a public holiday (or something to that extent), even when not working, especially if the company is Irish owned (which the company I work for is).

I then did some research on citizens' information and found this:
"If you have worked for your employer at least 40 hours in the 5 weeks before the public holiday and the public holiday falls on a day you normally work you are entitled to a day's pay for the public holiday. If you are required to work that day you are entitled to an additional day's pay.

If you do not normally work on that particular day you should receive one-fifth of your weekly pay. Even if you are never rostered to work on a public holiday you are entitled to one-fifth of your weekly pay as compensation for the public holiday.

If you do not have normal daily or weekly working hours, under SI 475/1997, an average of your day’s pay or the fifth of your weekly pay is calculated over the 13 weeks you worked before the public holiday.

In all of these situations your employer may choose to give you paid time off instead of pay for the public holiday"

I am part-time worker. I always work the 40 hours within 5 weeks before any public holidays. I have no "set" days off per my contract, but usually work Saturday and Sunday and have the rest of the days off due to college, which was agreed upon management before I was hired as I have college Monday-Friday. Whenever there is a public holiday, I usually work because I'm either finished college/my college is shut down for the public holiday.

Whenever I work a public holiday, we do get time and a half (double pay for Stephen's day). Whenever there is a public holiday, management get a day-in-lieu (worth 8 hours of pay). Everyone bar management is on a 6 hour part-time contract and we get nothing as compensation for a public holiday.

Am I entitled to be getting paid for public holidays when not working? It seems according to citizens information I should be entitled to 1/5 of my weekly pay.

Firstly you need to have worked 40 hours at least spread out over the previous 5 weeks to have any public holiday entitlement.
Then if you are working on the day of the public holiday you must be either paid double or get a paid day off or an extra days A/L as compensation. If it’s a day when you normally work and your employer chooses to close that day (for example Christmas Day Stephens Day and New Years Day) then you should be paid as normal for those days.
If the public holiday falls on a day when you don’t normally work then you must get 1/5 of your weekly wage on top of your wages for that week.

hasdanta · 05-01-2020 10:03PM

Thanks for clarifying guys.

Any advice on what should my next step be to find out why I am not being paid double time (when I work on a public holiday) or getting 1/5 of my average weekly wages leading up to the public holiday (when I do not work the public holidays).

Mrs OBumble · 05-01-2020 10:10PM

How is your annual leave calculated? Some places give you the entitlement by increasing your AL.

monty_python · 05-01-2020 10:28PM

Does this apply to all sectors? Specifically the restaurant/bar trade?

splinter65 · 05-01-2020 10:42PM

monty_python wrote: »

Does this apply to all sectors? Specifically the restaurant/bar trade?

It applies to everyone.

Darc19 · 05-01-2020 10:48PM

If you work av 12 hours a week (guessing @ 2x6 hour shifts) you are entitled to just over 2 hours pay for each bank holiday.

You are also entitled to 8% of hours worked as holiday - but you must request the holiday time.

splinter65 · 05-01-2020 10:51PM

hasdanta wrote: »

Thanks for clarifying guys.

Any advice on what should my next step be to find out why I am not being paid double time (when I work on a public holiday) or getting 1/5 of my average weekly wages leading up to the public holiday (when I do not work the public holidays).

First of all you should print out this :

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

Then take it and your pay slip into the office that issued it and ask them to show you on it your Christmas Day/St Stephens Day entitlement.
There’s no need for a confrontational attitude at all.
If you are told that you don’t have an entitlement or that “only full time staff have public holiday entitlement” or “here, it’s not double time, it’s time and 1/2”, then you produce the print out and point out to them the relevant part. Balls in their court then.

hasdanta · 06-01-2020 02:14AM

Mrs OBumble wrote: »

How is your annual leave calculated? Some places give you the entitlement by increasing your AL.

From what I've been told, it's 7 or 8% of the hours I've worked for my annual leave. Is that the standard or a compensated rate?

hasdanta · 06-01-2020 02:22AM

splinter65 wrote: »

First of all you should print out this :

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

Then take it and your pay slip into the office that issued it and ask them to show you on it your Christmas Day/St Stephens Day entitlement.
There’s no need for a confrontational attitude at all.
If you are told that you don’t have an entitlement or that “only full time staff have public holiday entitlement” or “here, it’s not double time, it’s time and 1/2”, then you produce the print out and point out to them the relevant part. Balls in their court then.

Thanks! A HR department has never been made aware to me, as I don't think our company has one specific person dedicated to that position. Part-timers don't really communicate with head office - even if I've been mis-paid I have to tell management who will then communicate with Head Office/Payroll operator, so I think I'll have to ask my manager to e-mail on my half.

Just curious - what should I do if they shoot me down and say I'm not entitled to double pay/pay when I'm not working public holidays.

Darc19 · 06-01-2020 07:50PM

hasdanta wrote: »

Just curious - what should I do if they shoot me down and say I'm not entitled to double pay/pay when I'm not working public holidays.

You should have an employment contract with details of how to sort out any issues.

Also you are not entitled to double pay for bank holiday or any other day. Some companies pay extra, but that's their own policy.

For the bank holiday you are entitled to 1/5th of your average week assuming you have worked over 40 hours in the previous 5 weeks (excluding breaks)

So if you work 12 hours a week, and you work a bank holiday, you get normal pay for the day itself (unless the company offers extra pay) and you are entitled to 2.4 hours bank holiday pay.

If you don't work the bank holiday, you are still entitled to 2.4 hours pay for the bank holiday.

Remember also that you are entitled to 8% of worked hours as holiday.

splinter65 · 06-01-2020 07:57PM

hasdanta wrote: »

Thanks! A HR department has never been made aware to me, as I don't think our company has one specific person dedicated to that position. Part-timers don't really communicate with head office - even if I've been mis-paid I have to tell management who will then communicate with Head Office/Payroll operator, so I think I'll have to ask my manager to e-mail on my half.

Just curious - what should I do if they shoot me down and say I'm not entitled to double pay/pay when I'm not working public holidays.

As I said already you can show them the information in the link that I posted. It’s pretty clear. If they persist with their position then you must calculate what you’re owed for public holidays since you started work there and you can make a complaint to the WRC under the payment of wages act

Seve OB · 07-01-2020 01:29PM

dennyk wrote: »

Yes, you should be getting pay equal to 1/5th of your normal weekly pay (or 1/5th of your average weekly pay from the past few months if you don't have a fixed salary or contracted hours) for every public holiday when you are not normally scheduled to work on said holiday. In your case it may not amount to much since you only work two days a week, but you are owed that holiday pay. Also, when you do work on a public holiday, time-and-a-half is not sufficient; you must be paid at least "double time" for that holiday work (unless your employer chooses to give you an additional annual leave day or another paid day off within a month of the holiday instead of the additional day's pay). You can contact the Workplace Relations Commission for advice on how to address the matter.

this is not true. although pretty standard practice, it is a common misunderstanding.

Darc19 wrote: »

Also you are not entitled to double pay for bank holiday or any other day. Some companies pay extra, but that's their own policy.

For the bank holiday you are entitled to 1/5th of your average week assuming you have worked over 40 hours in the previous 5 weeks (excluding breaks)

So if you work 12 hours a week, and you work a bank holiday, you get normal pay for the day itself (unless the company offers extra pay) and you are entitled to 2.4 hours bank holiday pay.

If you don't work the bank holiday, you are still entitled to 2.4 hours pay for the bank holiday.

this is correct

Should I be getting paid for public holidays, even if I'm not working?

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