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holiday entitlement

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  • 03-02-2010 3:38pm
    #1
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭


    basically I work for a shop, have no contract of any kind. I have been working there since August. I have been given the chance to go to Thailand for three weeks mid march - april. Am I entitled to this amount of time off? I have never taken holidays before, but we don't actually get paid for holidays ....

    What would be my rights if my employer to decided to just let me go/ fire rather than allow me three weeks off? Do I have any?

    Thanks !


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    #2
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    OP, please note that unregistered posts go into a queue which need to be approved by the forum moderator before appearing. Sometimes there can be a delay in approving, but there is no need for you to post multiple times.

    dudara


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    #3
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,315 CMod ✭✭✭✭Nody


    The employer decides when you can have holidays, so they can turn down the holidays legally for a starters.

    Second you would have ~7 months of holidays built up which (with out knowing your exact working hours etc.) would be roughly equal to just a bit over 11.5 days (20 basic as legal requirement * 7/12 gives you 11.67 days).

    As for you being let go (fired would imply misconduct or similar with the disciplinary hearing(s)) is very much possible. They can let you go for pretty much any reason they feel like for the first year (barring the big 7 for Sex, Union affinity etc.) and you'd be hard pressed to pursue it in court.

    In short you're not in a good spot from a legal perspective to get 3 weeks off. Having said that a quiet private word with your Supervisor/manager and some unpaid leave can most likely sort it out, esp. if you're a quality worker and explain that this is a chance in a life time opportunity for you.


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    #4
    Coriolanus
    Registered Users Posts: 4,879 ✭✭✭Coriolanus


    Under the Term of Employment (Information) Act, you have a contract with your employer whether it's written or not. He is obliged to have issued you with a written contract within two months of taking up employment however.

    You're also entitled to holidays and holiday pay, thought at the statutory levels you won't have accumalated three weeks worth by the time the holiday you want to take comes up. As Nody says, talk to your supervisor and see if you cant take the extra time as unpaid.

    You can be let go, but you'd still be entitled to any holiday pay you'd built up.


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