Bank holliday as time in lieu

con___manx1

I work shift 12 hours . I don't work every bank holliday depending what way my shift falls. We have an option if we don't work a bank holliday to bank the hours as time in lieu 8 hours even tho we work 12.

It must be some legal loophole.

When we do work a bank holliday we get 12 hours pay and 12 hours time in lieu.

recently the company has limited us to 90 hours time in lieu for the year even tho it's possible to get more with 11 bank hollidays in a year.

Is it legal to put down bank hollidays as time in lieu considering it is a holliday given by the state?

Tio07

Without the full knowledge of your role and working arrangements it is hard to give you a very specific answer but the rules around Public holidays and entitlements are covered under the Working Organisation and Time Act 1997.

http://www.irishstatutebook.ie/1997/en/act/pub/0020/index.html

Are you a trade union member?
Generally issues such as this are effectively dealt with by union rep or offical.

A summary of the main points re entitlements below is taken from https://www.citizensinformation.ie/en/employment/employment-rights-and-conditions/leave-and-holidays/public-holidays/#2bd9a6

There is now 10 public holidays in Ireland, Good Friday is not a public holiday but some work places do observe it as a holiday. There is no official entitlement.

If you qualify for public holiday benefit, you are entitled to one of the following:

• A paid day off on the public holiday
• An additional day of annual leave
• An additional day's pay
• A paid day off within a month of the public holiday

You can ask your employer at least 21 days before a public holiday, which of the alternatives will apply. If your employer does not respond at least 14 days before the public holiday, you are entitled to take the actual public holiday as a paid day off.

Your public holiday entitlements are set out in the Organisation of Working Time Act 1997. You can also read about the appropriate rate of daily pay in the Organisation of Working Time (Determination of Pay For Holidays) Regulations (SI 475/1997).

https://www.irishstatutebook.ie/eli/1997/si/475/made/en/print

JVince

Their way of doing it is 100% correct.

A typical average "day" is 8 hours. Doesn't matter if you work 12 hour shifts.

Same as your holiday entitlement. Regular 5 day a week employees get min 20 days. As you work 12 hour shifts, you don't get 20 days, but most likely 8% of hours worked. (Works out same as 20 days for reg 8 hour a day, 5 days a week workers)

And absolutely permitted to give time in lieu for a bank holiday you have worked. That would actually be the standard format for most companies that need people working on a bank holiday.

con___manx1

https://www.boards.ie/discussion/comment/122402723#Comment_122402723

There are hundreds of thousands of people doing 12 hour shifts in this country. The garda doctors and nurses ambulance and fire men in the bigger towns and cities factory workers and pharmaceutical to name a few.

I can't see how they can put down an 8 hour standard day for that when its not so many peoples standard day. Shift workers litreally keep this country ticking over. I know some of the areas listed put 12 hours. It should be across the board. Shift workers need to be respected better than that . I think I might email a political party or two and highlight the issue. Probly come to nothing but you never no

JVince

https://www.boards.ie/discussion/comment/122403721#Comment_122403721

It will come to nothing because it is nothing.

A standard "day" is 8 hours. Ask ANY union official.

If you want your standard day to be 12 hours, your employer will love you. Say goodbye to shift allowance, say goodbye to late/early start/finish allowance.

Say goodbye to a large chunk of your wage. So before causing trouble over something you clearly don't understand, think.

Senature

Also for those working 12 hour shifts, how many hours are they working per week? Public holiday entitlement for a day you don't "usually" work is one fifth of a working week. No entitlement to 12 hours in lieu or paid unless you are continually working 60 hours per week.