Public holiday pay

somuj

I have being working full time for an agency for the last few months. They are saying we not entitled to pay for public holidays.

ThThis can't be correct can it?

CramCycle

https://www.boards.ie/discussion/2058367275/public-holiday-pay

You haven't given enough information here. Are you salaried or hourly paid? Do you work the same days every week? Do you normally work on the day that the public holiday falls on?

somuj

Paid hourly. Work Monday to Friday every week. 52 hours a week

Jim_Hodge

https://www.boards.ie/discussion/comment/122572694#Comment_122572694

52 hours exceeds the 48hr maximum working week.

xyz13

"we are not entitled to *be/get paid* for public holidays"

Read the contract you signed.

Ted222

It depends on the nature of your work relationship with the agency.

If you are a paye employee of the agency then you have the same rights as all other employees including payment for public holidays (the level of entitlement may vary depending on the hours you’ve worked in the previous period).

If however you are a self-employed contractor with the option to turn down hours work, you would not be considered an employee and would not therefore have the rights of employees generally.

Have a look at the citizens information website on the subject.

somuj

PAYE Employee. Working on the N5 upgrade.

Wills bro are the main contractor. They said they are not paying the agency workers for Public holidays.

csirl

https://www.boards.ie/discussion/comment/122572949#Comment_122572949

Are you employed/paid by the Agency or the Contractor? i.e. what employer is on your payslip.

somuj

Paid by the agency.

extra-ordinary_

Sounds like OSS have Wills Bros as a client and have you placed there on the N5 upgrade - you're getting paid by OSS but you need to confirm with them if you're an employee or a contractor. If OSS are paying you then it's OSS you need to take this up with.

csirl

https://www.boards.ie/discussion/comment/122573142#Comment_122573142

+1

You said earlier that you are a PAYE employee, so it appears that OSS is the employer and holiday questions should be for them.

Whether or not the contractor pays the agency extra for bank holidays may be somewhat irrelevant. Their agreement with OSS does not have to mirror your employment contract with OSS.

Ted222

https://www.boards.ie/discussion/comment/122573142#Comment_122573142

Exactly that.

What Wills are doing in respect of their contract with the agency is irrelevant as far as you’re concerned.

If you’re an employee of the agency, you’re entitled to payment but it’s from the agency, not the contractor.

It’s interesting that the agency doesn’t seem to have told you you’re not being paid so perhaps raise it with them before taking any further action.

somuj

https://www.boards.ie/discussion/comment/122573249#Comment_122573249

I've asked the agency numerous times about it. Keep getting fobbed off. Saying they will look into it.

Have text messages to confirm this. No other agency staff have been paid public holidays either.

Is it worth even pursuing this?

Deeec

https://www.boards.ie/discussion/comment/122573297#Comment_122573297

Do you get a payslip? Do you have a contract of employment with OSS - if so what does that say?

somuj

..

Smee_Again

https://www.boards.ie/discussion/comment/122573518#Comment_122573518

Pretty clear there that the expectation is that you'll be paid for Public Holidays, if you haven't then ask them what the exception is and when they can't provide one ask when you'll be paid.

Deeec

https://www.boards.ie/discussion/comment/122573518#Comment_122573518

Its clear you are entitled to pay for BH.

Do you submit a weekly timesheet to them?

Are you perhaps putting down 0 hrs on the bank holiday when you should be saying 8 hrs on the timesheet - just a thought. OSS may be paying you as per hours on timesheet.

Ted222

https://www.boards.ie/discussion/comment/122573297#Comment_122573297

If you’re an employee of an agency you’re absolutely entitled to payment for bank holidays.

It doesn’t necessarily show up as a separate item on your payslip so is it possible that you are being paid without knowing it?

Ted222

Have a look at this.
https://www.citizensinformation.ie/en/employment/types-of-employment/agency-workers/

Pauliedragon

If they're saying straight up you aren't entitled bring a copy of the contract to HR. If they still say your not entitled ask them why?

Ted222

The extract of your contract of employment makes it clear. You’re entitled.

I would suggest you remove any mention of your employer from this thread as it might be libellous.