Never signed contract - holiday pay?

LegacyUser

I took on a part time job in summer that was meant to be seasonal casual work. They have since kept me on for 20 hours a week which Im very happy with. I pay tax etc. so its all above board but I have never been asked to sign a contract.

When I started, I was told it was a 3 month contract and depending on circumstances it may become a rolling contract, though no actual contract has ever materialised. At first it didnt bother me but now Id like to know where I stand in terms of accrued holiday pay. Whats my best course of action?

Stheno

You're entitled to 8% of your total hours worked as holiday pay.

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/annual_leave_public_holidays.html

However given that that was last year, if you didn't take any leave last year, I am not sure if you are now entitled to claim the leave, particularly if the employer has a policy that leave has to be taken in the year, which is perfectly legal afaik, but am not 100% sure on.

LegacyUser

Thanks, That's along the lines of what I thought alright. I only really started thinking about it over Christmas, taking holidays was never really mentioned and it made me wonder. If its a case that Ive missed out for 2015 so be it, but should I be insisting on signing a contract to make sure it doesnt happen again? Or is a signed contract not necessary? I was wary of rocking the boat because Im happy to have the job in the first place.

Stheno

part-timer wrote: »

Thanks, That's along the lines of what I thought alright. I only really started thinking about it over Christmas, taking holidays was never really mentioned and it made me wonder. If its a case that Ive missed out for 2015 so be it, but should I be insisting on signing a contract to make sure it doesnt happen again? Or is a signed contract not necessary? I was wary of rocking the boat because Im happy to have the job in the first place.

A signed contract is not necessary for you to get what you are entitled to, but you should have gotten one within four weeks of starting your job.

You should be asking for one. If you've missed out on holiday pay and your employer doesn't have a carry forward policy that's ****. Check when you are next in what the story is with holidays.

Leigh.h

This is my first post

Hopefully I can help.

Full time staff get 21 days annual leave (holidays).

The easiest way to work it out for part time staff is 8% and everyone is entitled to that whether you have a contract or not.

As mentioned above some companies have a policy where you lose your annual leave if you don't take it before the end of the year. However there are a few issues with this:
1. You haven't signed a contract to agree to this
2. From previous cases in the labour court employees just have to say they were never given an opportunity to take their holidays. Then the employer has to give it to them and the employer is in trouble for not letting them take holidays and the employee has proof (sure who wouldn't take holidays).

But are you really going to go to that effort???? just ask your employer nicely what are your holiday entitlements and I'm sure if they are smart they will give you them.

LegacyUser

Thanks Stheno, I'll do that. Its a relatively new company and my employers are decent people but not all that experienced with managing staff or handling payroll issues. I don't think its a case that they are trying to get away with anything, just that they are new to running a company and probably learning as they go. Thanks for your help!

Senna

If it's an industry that requires working over Christmas and usual holiday periods, then many allow holidays to be carried over for use in the first few months of the following year, this is to stop people holding holidays till Christmas period and then asking to take them over Christmas (busy period) rather than lose them.

Lyn256

You also should have been given a contract and pay slips (legal obligations on behalf of emplyer) but many companies don't .
Do like the previous poster said and ask nicely.
If you don't get a satisfactory answer, check out www.workplacerelations.ie

Stheno

part-timer wrote: »

Thanks Stheno, I'll do that. Its a relatively new company and my employers are decent people but not all that experienced with managing staff or handling payroll issues. I don't think its a case that they are trying to get away with anything, just that they are new to running a company and probably learning as they go. Thanks for your help!

Take it easy then, next time you are in ask to speak to a manager and ask what the story is with holiday pay for 2015.

Are you getting payslips and all?

toadfly

Leigh.h wrote: »

Full time staff get 21 days annual leave (holidays).

No, thet get 20.

OP you are entitled to 8%. I wouldn't have thought you would lose them as you didn't sign anything agreeing to lose it and its your employers responsibility to ensure you get your entitlements.

Senna

wrote:

20.—(1) The times at which annual leave is granted to an employee shall be determined by his or her employer having regard to work requirements and subject—


(a) to the employer taking into account—


(i) the need for the employee to reconcile work and any family responsibilities,

(ii) the opportunities for rest and recreation available to the employee,

(b) to the employer having consulted the employee or the trade union (if any) of which he or she is a member, not later than 1 month before the day on which the annual leave or, as the case may be, the portion thereof concerned is due to commence, and

(c) to the leave being granted within the leave year to which it relates or, with the consent of the employee, within the 6 months thereafter.

Employer can't say holidays are lost, they can say the holidays from 2015 must be used within 6 months of 2016.
Up to employer to ensure you take holidays, not staff.

Stheno

Senna wrote: »

Employer can't say holidays are lost, they can say the holidays from 2015 must be used within 6 months of 2016.
Up to employer to ensure you take holidays, not staff.

I worked in plenty of places with a use it or lose it policy tbh. That said I've equally worked in plenty of places that allowed you carry over, and in one memorable place, where I got to take five days off in a whole year of working full time, they blatantly ignored the law and paid any unused days.:eek:

Senna

Stheno wrote: »

I worked in plenty of places with a use it or lose it policy tbh. That said I've equally worked in plenty of places that allowed you carry over, and in one memorable place, where I got to take five days off in a whole year of working full time, they blatantly ignored the law and paid any unused days.:eek:

Suppose if you got paid for them at least that's something, more people just accept losing them and never question it.
I carried 20+ days for about 6 years in my last job, first 3 years I never took full amount and they just built up, took nearly all each subsequent year but was only when I got married that I finally cleared all my old holidays.

LegacyUser

I am getting payslips and my employers are good when there has been an issue (such as emergency tax). Id say its a case that holiday entitlement for staff hasn't occurred to them. The business is only up and running a year. I dont think they are trying to screw me over, probably just frazzled. Thanks for all the feedback!

Stheno

part-timer wrote: »

I am getting payslips and my employers are good when there has been an issue (such as emergency tax). Id say its a case that holiday entitlement for staff hasn't occurred to them. The business is only up and running a year. I dont think they are trying to screw me over, probably just frazzled. Thanks for all the feedback!

Good luck with it Let us know how you get on if you want to