Holiday Pay Versus Holiday Supplement

marieky21

Hi All,

Any advice or help on this matter would be great. I have an eight hour contract and when i take holidays i only get paid for eight hours. I work more than eight hours every week i tend to work 20-25. Should i get paid holiday pay on my contract hours or the the hours i work?

Thanks

meganj

This is according to Citizens Information:

There are 3 different ways of calculating your annual leave entitlement:

Based on the employee's working hours during what is called the leave year, which runs from April to March. An employee who has worked at least 1,365 hours in the leave year is entitled to the maximum of 4 weeks' annual leave unless the employment ceases during the leave year. Many employers use the calendar year (January-December) instead of the official leave year to calculate entitlement

By allowing 1/3 of a working week for each calendar month in which the employee has worked at least 117 hours

8% of the hours worked in the leave year, subject to a maximum of 4 weeks
An employee may use whichever of these methods gives the greater entitlement. Generally, the annual leave for part-time workers is calculated using the 3rd method, that is, 8% of hours worked.

An employee who has worked for at least 8 months is entitled to an unbroken period of 2 weeks' annual leave.

As far as I know if you are only contracted to work eight hours a week then whatever you work over those hours is, not to be harsh, but your problem.

That is unless you are asked to do overtime etc by your employer. I'm on a contract of a 40 hours week, every time I go above that without advanced permission from a manager I am not paid for it.

It would make sense that when you are only contracted for eight hours that you only get paid for the eight hour holidays.

What does your contract say regarding holiday entitlement?

borderlinemeath

You should be paid pro rata on the hours you work, ie 8% of your hours worked, not 8hrs per contract. This is taken from citizens info...

Holiday pay: Pay in respect of annual leave is paid in advance at the normal weekly rate. If your pay varies because, for example, of commission or bonus payments, your pay for your holidays is the average of your pay over the 13 weeks before you take holidays.

http://www.google.ie/url?sa=t&rct=j&q=holiday%20pay%20ireland&source=web&cd=1&ved=0CCQQFjAA&url=http%3A%2F%2Fwww.citizensinformation.ie%2Fen%2Femployment%2Femployment_rights_and_conditions%2Fleave_and_holidays%2Fannual_leave_public_holidays.html&ei=3wBNT470Mo2BhQfZnlQ&usg=AFQjCNHV2_n648YPjuFUHzyElnioXhu3fQ

So if your pay fluctuates because of extra hours worked, your holiday pay should reflect this.

dearg lady

borderlinemeath wrote: »

You should be paid pro rata on the hours you work, ie 8% of your hours worked, not 8hrs per contract. This is taken from citizens info...




http://www.google.ie/url?sa=t&rct=j&q=holiday%20pay%20ireland&source=web&cd=1&ved=0CCQQFjAA&url=http%3A%2F%2Fwww.citizensinformation.ie%2Fen%2Femployment%2Femployment_rights_and_conditions%2Fleave_and_holidays%2Fannual_leave_public_holidays.html&ei=3wBNT470Mo2BhQfZnlQ&usg=AFQjCNHV2_n648YPjuFUHzyElnioXhu3fQ

So if your pay fluctuates because of extra hours worked, your holiday pay should reflect this.

It also says 'subject to a maximum of 4 weeks', which makes a total of 32 hours, 8 hours by 4 weeks

Mrs OBumble

dearg lady wrote: »

It also says 'subject to a maximum of 4 weeks', which makes a total of 32 hours, 8 hours by 4 weeks

Nope. The OP is actually working more than 8 hours per week.

dearg lady

JustMary wrote: »

Nope. The OP is actually working more than 8 hours per week.

Well I can't say for certain having not seen OP's contract, but any part time contract I've ever seen limits it to contract hours.

The way it's written above I suppose is open to interpretation, but I would take it as 4 weeks contracted hours.

marieky21

Thanks for all your replies I eventually got it sorted in the end

chris85

dearg lady wrote: »

Well I can't say for certain having not seen OP's contract, but any part time contract I've ever seen limits it to contract hours.

The way it's written above I suppose is open to interpretation, but I would take it as 4 weeks contracted hours.

Doesnt matter what the contract says, statutory rights supersede this. So if the employee is working 16 approved hours per week and their contract is for 8 hours they are entitled to holidays based on 16 hours as per law. Their employment contract cannot take this right away them