Minimum sunday pay

CrazyDiver

I am puzzled about minimum sunday pay legislation. I always thought that the minimum sunday hourly wage should be at least 33% higher than normal. I recently checked my payslips only to find out that I have been paid just 35c an hour on top of my regular wages for sundays. We have never discussed sunday pay with my employer as he told me from the start that I wont be working sundays. I had to do a couple of sundays then, but he never discussed the sunday payment and I had no doubts that I would be getting 33% extra. How legal is it? Also I am working part-time but I never received anything for bank holidays even though the employer is obliged to pay some percentage of full bank holiday pay to part-time workers. Did anything change or am I right here?

Nody

Depends on the hours you've done before the bank holiday; if you've worked at least 40h in the previous 5 weeks you're entitled to 1/5th of your weekly salary. As for Sunday pay if I remember correctly the only requirement is that it's paid higher; no amount specified so 1c would do.

Sadderday

Nody wrote: »

Depends on the hours you've done before the bank holiday; if you've worked at least 40h in the previous 5 weeks you're entitled to 1/5th of your weekly salary. As for Sunday pay if I remember correctly the only requirement is that it's paid higher; no amount specified so 1c would do.

Actually this relates to Public Holidays.
Thats your entitlement if you do not end up working the Public Holiday.
If you do normally work that day but have the day off, its an additional paid day's leave.
If you do normally work that day and do work that day you are entitled to:
a paid day off within a month of the PH or,
an additional days pay

in relation to Sunday pay - your employer should be providing you with a 'reasonable' increase or 'reasonable' time in lieu,

deem reasonable?

Also, it all depends on whether or not you work in a sector that has a collective agreement or ERO - some sectors are part of a registered employment agreement which means their pay rates and working hours may differ to what is written in the legislation.

CrazyDiver

I have been working for over 40 hours in the previous 5 weeks.

CrazyDiver

I do not consider 35c extra to be reasonable, but I guess my employer does. Think legislation should be more specific on that, but anyway...

CrazyDiver

I never work bank holidays, but I don't get anything extra for bank holiday weeks. Does it mean that my employer is incorrect and I am indeed entitled to 1\5 of my weekly pay for such weeks?

Nody

CrazyDiver wrote: »

I never work bank holidays, but I don't get anything extra for bank holiday weeks. Does it mean that my employer is incorrect and I am indeed entitled to 1\5 of my weekly pay for such weeks?

Pay or additional time off (in addition to the bank holiday).

Mrs OBumble

CrazyDiver wrote: »

I do not consider 35c extra to be reasonable, but I guess my employer does. Think legislation should be more specific on that, but anyway...

We've done this to death in another thread.

The short answer is that what youv'e been told is what the legislation says.

And if you don't like the legally-compliant terms and conditions of your current contract, feel free to find another job with better t&c.

Wishbone Ash

EDIT

CrazyDiver

Nody wrote: »

Pay or additional time off (in addition to the bank holiday).

When I worked full-time it was very clear.We only had to work 4 days in bank holiday weeks,but were paid for 5. Therefore if I normally work 2-3 days per week then I'm entitles to around 40-60% of the full day pay on top of my usual wages for that week?

I do not get any JA for bank holidays and I asked the guys in my local social welfare office why. The answer was that its my employer who should pay for bank holidays!But he doesn't!

wmpdd3

If you dont work the bank holiday, you should get 1/5 of your usual wages paid to you on top of your normal pay. Do you have a minimum contract, ie 20 hrs per week? Or do they some times only call you in if they need you (zero hours contract)?

If its the later they may not realise they need to pay you for your 8 Irish Bank holidays.

wardy2

its up to you're employer if he wants to pay the rate ,the Sunday pay in my job is E3.36 extra an hour...

LegacyUser

wmpdd3 wrote: »

If you dont work the bank holiday, you should get 1/5 of your usual wages paid to you on top of your normal pay. Do you have a minimum contract, ie 20 hrs per week? Or do they some times only call you in if they need you (zero hours contract)?

If its the later they may not realise they need to pay you for your 8 Irish Bank holidays.

I havent signed any contract, I am on probation period for the first 11 months. I normally work either 16 or 24 hours per week, never less than 16. My social welfare office is well aware of all aspects of my employment and yet they are saying that MY EMPLOYER HAS TO PAY FOR BANK HOLIDAYS. He doesn't.

tatli_lokma

CrazyDivers wrote: »

I havent signed any contract, I am on probation period for the first 11 months. I normally work either 16 or 24 hours per week, never less than 16. My social welfare office is well aware of all aspects of my employment and yet they are saying that MY EMPLOYER HAS TO PAY FOR BANK HOLIDAYS. He doesn't.

How long have you worked there? By law, you must be supplied with a contract within 2 mths of starting with a company. See here
http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/contracts_of_employment/contract_of_employment.html

You say you haven't signed a contract - do you mean you haven't been given one, or you just didn't sign it? If it is the latter, then I'm afraid that just not signing it doesn't mean it doesn't exist. You have 1 mth (I think, but open to correction) to voice any objection to the terms of the contract. After that time, if you continue to work then it is seen as an acceptance of the contract, regardless of you signing it or not.

SW are correct - your employer must pay you for bank holidays.

citizensinformation.ie wrote:

Public holidays

Your employer must pay you for the public holidays which you don’t work as long as you have worked at least 40 hours in the 5 weeks immediately before the week of the public holiday. You can find more information in our document on public holidays.
If you work and get Jobseeker's Benefit, you get a daily rate of Jobseeker's Benefit for the days that you don't work. You will not get Jobseeker’s Benefit for the day you receive payment from your employer for a public holiday but you can continue to get Jobseeker’s Benefit for the other days you do not work.

The fact you get SW should make no difference to your employer - the fact is you get paid for Band hols based upon the hours you work, therefore it is the employer who must pay it. The fact that you get SW for the hours you don't work is irrelevant. The only relevance it has is to SW who obviously will not pay you if you have already been paid. Unfortunately, you would probably get more money if SW were to pay you, as 1/5th of your 24 hrs is only 1.2 hrs pay.

I would advise that you get in writing the advice from SW that it is the responsibility of the employer to pay bank holidays. Again, perhaps point out that your situation is no different as far as your employer should be concerned to someone who works 24 hrs and gets no SW - they still have to pay some compensation for the bank holiday. Print off the info from citizens information. Here is another link which specifically states the employer must pay.

http://www.citizensinformation.ie/en/social_welfare/social_welfare_payments/social_welfare_payments_and_work/jobseekers_benefit_and_work.html

If he continues to refuse, then I think your only options are to inform NERA.

CrazyDiver

Little Ted wrote: »

How long have you worked there? By law, you must be supplied with a contract within 2 mths of starting with a company. See here
http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/contracts_of_employment/contract_of_employment.html

You say you haven't signed a contract - do you mean you haven't been given one, or you just didn't sign it? If it is the latter, then I'm afraid that just not signing it doesn't mean it doesn't exist. You have 1 mth (I think, but open to correction) to voice any objection to the terms of the contract. After that time, if you continue to work then it is seen as an acceptance of the contract, regardless of you signing it or not.

SW are correct - your employer must pay you for bank holidays.
The fact you get SW should make no difference to your employer - the fact is you get paid for Band hols based upon the hours you work, therefore it is the employer who must pay it. The fact that you get SW for the hours you don't work is irrelevant. The only relevance it has is to SW who obviously will not pay you if you have already been paid. Unfortunately, you would probably get more money if SW were to pay you, as 1/5th of your 24 hrs is only 1.2 hrs pay.

I would advise that you get in writing the advice from SW that it is the responsibility of the employer to pay bank holidays. Again, perhaps point out that your situation is no different as far as your employer should be concerned to someone who works 24 hrs and gets no SW - they still have to pay some compensation for the bank holiday. Print off the info from citizens information. Here is another link which specifically states the employer must pay.

http://www.citizensinformation.ie/en/social_welfare/social_welfare_payments/social_welfare_payments_and_work/jobseekers_benefit_and_work.html

If he continues to refuse, then I think your only options are to inform NERA.

Thank you.That answers all my questions.I'm going to print off that information and stick it into my employers nose.If he still thinks he is correct I'm informing NERA.

Whiplashy

Very useful information here! I get double time when I work a bank holiday but I don't get anything if I don't work it. The only reference to bank holidays in my contract is the double pay for working them. Although I work a rolling rota so I only do one Monday out of three. Maybe it's not counted as a "normal" day of work for me. I'll definitely be looking into it though!

wmpdd3

Even if it is not a not a normal working day for you, you still get paid a portion of your normal hours.

juanace

I haven't been paid anything extra for Sunday pay for nearly 2 years. I'm only after finding out i'm entitled to it. It's not been finalised yet but it looks like we'll get time and a quarter.

Can I claim back pay for unpaid Sunday pay? If so how far back could i look to claim - the full 2 years would be nice..