Owed for every bank/public holiday?

LegacyUser

Hi,
I hope this is the right place to post this question. For the last year and 8 months I have worked every single bank holiday and public holiday with the exception of one bank holiday last year. I have always worked 40 hours in excess to the previous 5 weeks coming up to the bank holiday because I do 15 hours a week (part time under no dole scheme or anything). I have also worked nearly every sunday for the last year and 8 months with the exception of about 5 sundays. I have never ever received extra payment for any of these days or been given extra days holiday or anything like that. At the end of last year, I was given holiday pay and it was calculated by 8% of my gross pay. Therefore, from what I can gather, I am owed for extra bank holiday pay or extra holiday days in lieu or something am I?

I understand that last year I probably cannot claim anything back but this year I want to be on top of my game because I dont feel its fair that I am expected to work all of these days and not receive the payment I think I am owed by law. I also have no contract and have never been given one so I cannot refer to this to know what to do. I would really appreciate any help with this topic please. Thanks.

livedadream

If you don't have a contact you don't have agreed terms of employment.

Contact the workplace relations commission and report your employer.

Working without a written contract is the silliest thing someone can do in the modern age.

It doesnt all have to in writing, but an employee must be given a written statement of terms of employment within 2 months of starting work.

sazflanagan

Im owed bank holidays from last year 41 and a half hours im out of work sick at the moment i was call into work last week to sign paper work for nera to say ill get my pay in my holiday pay grand .. was talking to my manager few days later asked them about it and was told that i wont recieve it till i return to work or leave i cant understand that its owed from last year so way do i have to wait i dont no how long ill be out of work as it a foot enjury from 17mts ago and im on my feet 7/8 hours a day in agoney

drunkmonkey

livedadream wrote: »

If you don't have a contact you don't have agreed terms of employment.

Contact the workplace relations commission and report your employer.

Working without a written contract is the silliest thing someone can do in the modern age.

It doesnt all have to in writing, but an employee must be given a written statement of terms of employment within 2 months of starting work.

Steady on there, ask employer for a contract before reporting anyone. Not having a contract isn't majorly relevant for OP as he's question isn't on the T's & C's of his employment it's on his holiday/pay entitlements which are written into law, the fine detail isn't usually written in their contract.

In this case if OP had worked 40+ hrs in the last 5 weeks he'd be entitled to holiday pay or a day in leu for the bank holidays.
http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/public_holidays_in_ireland.html

cerastes

Not meaning to hijack, but rather than start a new thread on essentially the same thing,
fulltime though,
Contract has questionable statement about annual leave/public holidays, want to take it to the WRC,
Employer are not giving a day in lieu or pay for a public holiday where a person is certified sick or has annual leave booked, (as its shift work and certain public holidays are scheduled), to get a scheduled public holiday off, you have to take annual leave, but the employer then doesnt give the public holiday entitlement citing, did not attend work, it then works out you need to take annual leave on a public holiday and arent getting the legal entitlement? meaning it requires a person to take 12 hours off, and lose 12 hours for the public holiday?
I think this can only be resolved by the WRC as the employer wont listen, but looking for some opinions as from reading the guidleines to the working time act, it looks as though a fulltime employee is entitled to time in lieu or pay, which in this case isnt given in the above circumstances.
It seems obvious that this is wrong to me, opinions?