Working bank holidays, legally must be paid more???

gavmcg92

Hi there,
I am working for a private company in the tourism industry, in the center of town as a part-time member of staff (quite misleading title. Signed up as part-time, however after 3 weeks of work my week was increased from 4 days a week to 6 days). I receive 9 euro an hour as a standard rate from Monday to Sunday.
I received my pay slip a few days ago to find that I had been left short by more than 30 hours and also I had been payed a normal rate for the 1 bank holiday that was within my working week this month. During the first pay-slip I was given double-pay, so as you can assume I was quite confused that the bank holiday was not present on my pay-slip.
My question for you all is... Am I legally entitled to double pay as an employee working on a bank holiday or are these matters completely up to the business to decide. What I have been told my other members of staff is that I am entitled to take double pay or a day in lieu.
Thanks again,
Gav

Eoin

gavmcg92 wrote: »

Am I legally entitled to double pay as an employee working on a bank holiday or are these matters completely up to the business to decide. What I have been told my other members of staff is that I am entitled to take double pay or a day in lieu.

You're not entitled to double pay (link).

Public holidays in Ireland

Your entitlement to public holidays is set out in the Organisation of Working Time Act 1997. Most employees are entitled to paid leave on public holidays. One exception is part-time employees who have not worked for their employer at least 40 hours in total in the 5 weeks before the public holiday.

Employees who qualify will be entitled to either the public holiday off as paid leave or one of the following alternatives:

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


The Organisation of Working Time Act provides that you may ask your employer at least 21 days before a public holiday, which of the alternatives will apply. If your employer fails to respond at least 14 days before the public holiday, you are entitled to take the actual public holiday as a paid day off.

gavmcg92

Eoin wrote: »

One exception is part-time employees who have not worked for their employer at least 40 hours in total in the 5 weeks before the public holiday

I work on average 34 hours a week and I have been doing that for up to 2 months now. That exception doesn't apply to me surely?

Victor

Some registered employment agreements did / do allow for double pay, depending on what you do, that may or may not apply to you.

"I had been payed a normal rate for the 1 bank holiday that was within my working week this month." - is there a separate entry for holiday / bank holiday pay?

People in the first month or so of their employment are not entitled to BH pay.

Eoin

No, that's 40 hours in total over the 5 week period. So, as I read it, you are entitled to one of the 4 options above, but it's the company's choice.

gavmcg92

Victor wrote: »

Some registered employment agreements did / do allow for double pay, depending on what you do, that may or may not apply to you.

"I had been payed a normal rate for the 1 bank holiday that was within my working week this month." - is there a separate entry for holiday / bank holiday pay?

People in the first month or so of their employment are not entitled to BH pay.

See this is where I am confused. They payed me double for my first payslip but not for my second.

EDIT : They payed me an extra day on my first payslip but not for my second for the BH.

gavmcg92

Eoin wrote: »

No, that's 40 hours in total over the 5 week period. So, as I read it, you are entitled to one of the 4 options above, but it's the company's choice.

So I could get an extra days pay? That might be what they did for my first payslip. That had an extra line with just a block sum that matched what I would make in a day.