Please Help/Inform me of my rights!

LegacyUser

Hi everyone. First of all I have been working part time for the past 5 years and it was only recently that I found out that Im entitled to holiday pay ! ( I know im stupid!)

So I have been in my current job for 5 months and Im thinking of taking some time off when my son starts school. I work 20 hours a week which sometimes varies but its almost always 16-20. Another part timer asked the owner for her holiday pay and he just laughed at her! He then went on to tell her she is not entitled to it as she is a part time employee. From what I have read here is 8 hours for every 100 worked correct? Also how do we fare out with regards bank holidays? The company is closed every bank holiday monday.

There is a full time employee that is not getting paid for bank holiday and they are terrified of confronting the owner about it. He is a bully but I will stand up for myself just need to know for sure what me entitlements are and hopefully all the other workers will start getting what is due to them. That full time employee I mentioned has worked for this company for 6 years and has never received payment for a bank holiday and they are often left short in wages and again too afraid of the boss!

Thanks in advance for any replies.

Oranage2

Have a read of this

http://www.citizensinformationboard.ie/publications/providers/booklets/entitlements_employmentrights/publications_entitlements_employmentrights15.html#3

From what i make of it you are entitled to 8% holidays of your hours worked which is 8hours for every 100 you work.


Also your friend who works full time is entitled to a paid day off on the bank holiday or

• A paid day off within a month of the public holiday
• An additional day of annual leave
• An additional day's pay
• The nearest church holiday to the public holiday as a paid day off

Probably best going to your local citizen information desk

wmpdd3

It sounds like this owner is saving a mint by not following employment law, call NERA and report him if you get nowhere.

If you an say it has been happening for a few years and involved a few members of staff they should be able to do something.

LegacyUser

Ya he said if he had to pay part timers holiday pay he would be a broke man! What a joke like! He has no problem then leaving us short in wages! Almost everyone employed is a part time worker so he's definitely cleaning up! When I approach him what's the best way to word it? Will I just act normal book my holidays receive no pay and act shocked or will I ask him straight out about holiday pay?

wmpdd3

Ask for it out right. Its the law!

Really each member of staff should add up how much they are owed and speak to him individually and agree a 'pay off'.

If you report him to NERA and he is investigated, he will be paying alot more. They can go back a minimum of 4-6 years.

This really annoys me because in all the large companies I've worked for we used to get audited to make sure all staff got breaks and holiday pay and paid the right tax and this guy has never been touched. You'd better check your PRSI contributions with the tax office, he is probably not paying that either, why would he?

LegacyUser

Thanks for the info! I'll ask tomorrow see how I get on! Can I annonomuosly report him to nera if i need to or will I need to give my name? He treats the foreign girls so bad too it's so disheartening working there! They are terrified of him and will never speak up as he has already threatened their jobs will be taken off them!

wmpdd3

You can report it to NERA annonomuosly but if hte place gets audited he will know it was one of his employees.

If you are reporting, detail how many people are involved, the aprox amount of pay over how many years etc.

Also get in touch with your local tax office, give them your prsi / pps number and see if you are set up as an employee on their system, also make sure any tax deducted is being paid. If you loose you job and have to claim benefits for a few weeks and this guy has noy paid your tax for you, you could be left high and dry.

LegacyUser

Thanks a million wmpdd3 for all your advice! I won't be able to take holidays until December so Ill see then if he has changed! I also only realised that ive been earning below minimum wage as my wages never went up in July when the min wage changed back to €8.65!!