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Company won't pay full holiday pay

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  • 24-03-2015 3:28pm
    #1
    ANDERPASSAT
    Registered Users Posts: 3 ✭


    I am working for a security company. For the last year I have worked 13 hours a day four days a week and do a fifth day when required. When time comes to take my holidays the company will only pay 37.5 hours holiday pay even though my average working week is at least 48 hours. I also have to work bank holidays as they fall on my normal day of work but the company only pay 7 hours bank holiday pay on top of my normal rate even though I work 13 hours on the day. When I addressed this issue with the company they reduced my hours until I signed a statement recognising the company's policy on holiday payments however I feel that the company not paying the full payment is illegal. Please can anyone advise on whether or not the company is acting within their rights.


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    #2
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    You are entitled to holiday pay based on time accrued at a rate of 8% on time worked up to 20 days per year. Anything above that must be agreed by the employer. Put simply, if you accrue enough leave time to hit the 20 day limit, your employer does not have to pay you for holiday leave above this even though you may have worked enough hours:days to accrue more than the 20 days leave.


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    #3
    therecklessone
    Registered Users Posts: 17,213 ✭✭✭✭therecklessone


    Hi OP,

    The relevant law is here
    Times and pay for annual leave.

    20.

    (2) The pay in respect of an employee's annual leave shall—

    (a) be paid to the employee in advance of his or her taking the leave,

    (b) be at the normal weekly rate or, as the case may be, at a rate which is proportionate to the normal weekly rate, and

    (c) in a case in which board or lodging or, as the case may be, both board and lodging constitute part of the employee's remuneration, include compensation, calculated at the prescribed rate, for any such board or lodging as will not be received by the
    employee whilst on annual leave.

    (3) Nothing in this section shall prevent an employer and employee from entering into arrangements that are more favourable to the employee with regard to the times of, and the pay in respect of, his or her annual leave.

    (4) In this section “normal weekly rate” means the normal weekly rate of the employee concerned's pay determined in accordance with regulations made by the Minister for the purposes of this section.

    Your normal weekly rate is 4 x 13 = 48 hours, therefore by my reading that is what you should be paid for when receiving normal holiday pay.

    As for the bank holiday arrangements:
    Entitlement in respect of public holidays.

    21.—(1) Subject to the provisions of this section, an employee shall, in respect of a public holiday, be entitled to whichever one of the following his or her employer determines, namely—

    (a) a paid day off on that day,

    (b) a paid day off within a month of that day,

    (c) an additional day of annual leave,

    (d) an additional day's pay:

    Source

    Your day is 13hrs, therefore that is the amount you should receive.

    I suggest a visit to your local Citizens Information centre or a call to NERA to discuss this further.


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