Paid holidays.

[CharlySkunkWeed]

Is there any legal requirements for employers to give paid hols ?

My daughter is a waitress but never gets holidays never mind paid ones ! Just curious if she has any rights or is it a case of "like it or lump it".

She has no contract as such , just an employee.

 

[weeloaney]

Yes there is.

Holiday entitlements | nidirect

 

[CharlySkunkWeed]

Cheers @weeloaney , got exactly what I needed.

 

[CharlySkunkWeed]

 

[saxo_man]

I like the bit where it says an employer can control when to take your holiday. It's handy in a small business.

 

[CharlySkunkWeed]

They give her days off but she doesn't get any holiday pay. That's 28 days pay she's not getting.

 

[wings]

i use to have the same issue when i worked in pizza hut had to fight your holidays, manager just refused to give them or "forgot to put them through".

 

[Odhran]

I like the bit where it says an employer can control when to take your holiday. It's handy in a small business.

Also if you are a teacher

 

[neil-c]

This annoys me no end in the hospitality sector. I have friends who work for a successful Belfast eatery/bar and they have to fight for everything while the boss drives around in a 80k car. No lunch breaks, no coffee break and no holidays. All it would take is one solicitors letter and they would be screwed as an employer and end up with having to back pay years of holidays to all the staff. Sadly people working on or near minimum wage feel that they'd never be able to take on their employer.

 

[neil-c]

Most are scared of losing hours or their job but the reality is that if their hours are even reduced slightly after making a complaint of this nature their employer is in a very sticky situation legally. As an employer myself who tries to look after staff this really gets on my nerves.

 

[mckeown]

This is why I like the public sector, its fair for all of this kind of stuff (at least in my place of work it is) and gives people a voice who are perhaps too afraid to speak up.

 

[CharlySkunkWeed]

The place falls apart when she's not there , so she's always there ! I made her get them to ease up on her shifts which they've done but the place was getting complaints lol.

Then she told me she's "doesn't get holidays" and I set her straight on that. She didn't realise she's owed paid holidays.

 

[Richy]

Does she get payslips?

 

[stevieturbo]

The fact you say there is no contract in place...is almost a breach of employment rules in the first place. There should be a contract in place.

As with everything like this, contact the Labour Relations Agency, they can advise properly.

As for employers with big cars and days off etc......they own the business, it's up to them how they spend their ( or the banks ) money and use their time. If others want to do the same, they could become employers too. I'm sure it wouldnt seem so rosy all the time from the other side either.
But if they are breaching statutory employment rules/laws, the LRA will assist and advise.

But a lot of employers can play on those employees who actually work hard and give a ****. Problem is they can take advantage of peoples good nature and then it just becomes expected.

Definitely call the LRA.

 

[johnm]

This is why I like the public sector, its fair for all of this kind of stuff (at least in my place of work it is) and gives people a voice who are perhaps too afraid to speak up.

I'm in the Private and we have no issues with A/L.
It all has to be scheduled in and you staff above your min requirement line to allow for A/L and unplanned sickness. Problem with smaller businesses is they wont factor in the planned leave as much as they do for unplanned, if at all. Completely wrong approach to take.

If the place falls apart without her, thats the owners fault, not her's. She definitely entitled to them and I would say to either of you to tell him that she is entitled to them or she will talk to citizens advice/solicitor and see whats stated in the working time directive in regards to shifts and time between them too.

Only thing is, most places run AL year on year and its up to the employer how many days can be transferred over to the next year if they are not all taken in the given year. Ours only does up to a maximum of 5 days, but then that is at the discretion of the manager.
I'll always give the 5 if they have them, and if its looking like they will have more from around November time I push them to take their leave before March to ensure they get it all, even if means I end up short for a couple of days.

 

[Sgt_Major]

Ours only does up to a maximum of 5 days, but then that is at the discretion of the manager.
I'll always give the 5 if they have them, and if its looking like they will have more from around November time I push them to take their leave before March to ensure they get it all, even if means I end up short for a couple of days.

Exactly the same for me mate, they can carry 5 over, and anything else they can either take or sell them back to me, looking after your team pays massive dividends in the long run!

 

[Shaun]

In our work we do 12 hour shifts. If we take a holiday we only get paid for 8 hours.
I questioned it at the beginning and was told that's the way it is. Can't see it being right..

 

[impact]

In our work we do 12 hour shifts. If we take a holiday we only get paid for 8 hours.
I questioned it at the beginning and was told that's the way it is. Can't see it being right..

Should equate to the same in hours surely.

ie get the full allocation of days but only get paid 8 hours when off or get paid 12 hours but get less days.

 

[johnm]

In our work we do 12 hour shifts. If we take a holiday we only get paid for 8 hours.
I questioned it at the beginning and was told that's the way it is. Can't see it being right..

If you break it down to hours, might make more sense to you (its also a cleaner way of doing it).
If you were booking a full week of how would do it?
I'd say if you work 4 days a week & half 3 off, with 2hr breaks thats 40hrs, so if booking leave you would book 5 days (which could mess up the AL allowance for that day for other staff seeing as you would RDO anyway) if you wanted the same pay, or 4 days with 8hrs less pay but another day of AL in the bank.

If it was me, it should be whatever your shift is. Makes managing it that bit easier.
No idea why most dont work it in hours and stick to the day bit.

 

[CharlySkunkWeed]

Does she get payslips?

"Haven't got one in ages" she said.

 

[CharlySkunkWeed]

In our work we do 12 hour shifts. If we take a holiday we only get paid for 8 hours.
I questioned it at the beginning and was told that's the way it is. Can't see it being right..

I was just saying that to her , her shifts can be 12hrs some days !

 

[Shaun]

If you break it down to hours, might make more sense to you (its also a cleaner way of doing it).
If you were booking a full week of how would do it?
I'd say if you work 4 days a week & half 3 off, with 2hr breaks thats 40hrs, so if booking leave you would book 5 days (which could mess up the AL allowance for that day for other staff seeing as you would RDO anyway) if you wanted the same pay, or 4 days with 8hrs less pay but another day of AL in the bank.

If it was me, it should be whatever your shift is. Makes managing it that bit easier.
No idea why most dont work it in hours and stick to the day bit.

If I was booking a week off I would check what I'm on that week, either 3 days or 4 and just book those days off.
I dunno how they are working it out bit either way we are losing out money lol

 

[stevieturbo]

On the same note....what way are these smaller business dealing with the new pension rules ?

I'm surprised there hasnt been uproar on the radio about it, as the government seems to be putting the onus on employers to now pay for the pension instead of the government ! Which has to be yet another huge expense for any small business.

Basically...if you've 1 employee or more, legally you must offer them a pension.

 

[ChrisR]

Years ago when I was a student and worked in Woolworths, I had an 8hr per wk contract so I would get holidays based on 8hrs per week. There were weeks I could be working extra hours but if I took holidays the max I got was the contracted hours.

 

[Jonny1992]

I'll always give the 5 if they have them, and if its looking like they will have more from around November time I push them to take their leave before March to ensure they get it all, even if means I end up short for a couple of days.

gimme a job there lol if we dont use our days we loose them and atm our place has left our dept under the needed staff levels and the scheduling guys have messed up whats left haha pure torture this time of year