Quizzes & Puzzles1 min ago
Can Employers Insist On Paying For Certain Days Annual Leave.
Just a curiosity really?
I work 4 or more days a week every week, I then book AL. for 3 weeks. my employes are saying that I will be paid for the full 21 days and those 21 days will be deducted from my holiday entitlement, even though only 12 of those days were actually working days.
can they legally do that?
In our contract it only mentions the amount of AL we are entitled to and how much notice we must give etc.
I work 4 or more days a week every week, I then book AL. for 3 weeks. my employes are saying that I will be paid for the full 21 days and those 21 days will be deducted from my holiday entitlement, even though only 12 of those days were actually working days.
can they legally do that?
In our contract it only mentions the amount of AL we are entitled to and how much notice we must give etc.
Answers
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You are entitlef to full holiday pay while employed.
".....Employment rights. All employees have rights, whether they are full or part-time, casual or temporary, including:holiday pay, protection from discrimination....."
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".....Employment rights. All employees have rights, whether they are full or part-time, casual or temporary, including:holiday pay, protection from discrimination....."
http://
You know Ratter, its sound like someone in the payroll dept is struggling with the complexity of the working time directive.
If you work variable hours your holiday must be calculated on an average of your recent earnings to the value of the 3 weeks. Days off don't come into it. Ask them to sit with you and explain their methodology.
If you work variable hours your holiday must be calculated on an average of your recent earnings to the value of the 3 weeks. Days off don't come into it. Ask them to sit with you and explain their methodology.
Tambo, we are all full time, that is not the issue. The issue is that they want us to take our normal days off as holiday. We shouldnt need to use our holiday up on our normal days off.
For example: if you work an 8-5 monday to friday and then you take two weeks off, you would expect to be paid 10 days holiday pay and have those days off deducted from your annual days off. Where we would lose 12 days as they would take the weekend as holiday also, they would pay us for it but that isnt the point, we want those days off and take those days when we want them!
For example: if you work an 8-5 monday to friday and then you take two weeks off, you would expect to be paid 10 days holiday pay and have those days off deducted from your annual days off. Where we would lose 12 days as they would take the weekend as holiday also, they would pay us for it but that isnt the point, we want those days off and take those days when we want them!
Just to say that from a personal opinion point of view that seems a ludicrous suggestion. Even though I find laws can be crazy, even I can't believe they have that right. One can only take leave from work on days you are normally working, otherwise it isn't leave from work. Or maybe it's not been communicated to you well and they aren't trying to pull that one. It may be some kind of what to pay calculation that's not doing what it seems to be.
I await further expert advice with interest but reiterate I can not believe this is permissible as stated.
I await further expert advice with interest but reiterate I can not believe this is permissible as stated.
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