Contract Workers Annual Leave Rights

Hi there, I'm a contract worker who has been with the same company for a number of years. As per the EU Legislation contract staff need to get the same working conditions as permanent staff of them same level/grade, this includes holiday pay. My agency left me short 2.5 hours annual leave pay from 2013 and when I queried it they said that my annual leave is accrued over the year (i.e. based on the hours I have worked that year). My normal working week is 37.5 hours but as I do not get paid sick leave and was out on sick leave last year it means that I didn't technically work the full amount of hours in 2013 (I was 11 hours short) and as the holiday hours is a percentage of the hours I worked it means that I get docked annual leave pay if I am out sick.
I have reviewed the EU legislation and it does not state that the agency can dock you annual leave if you are out sick etc but the agency is adament that they have the right to do this.
I am looking for some guidance in this from anyone who is familiar with the law surrounding contract staff as I'm finding it hard to get some concrete information.
Much appreciated
Jean

Hi,

Welcome to AAM.

Give [broken link removed] a call to confirm your rights.

Thank you Sue, I'll call them tomorrow.

Hi,
I called them but they couldn't help as they said that there is some lack of clarity around this legislation. I'd appreciate if anyone could shed light on this situation for me.
Thanks,
Jean

JeanC83 said:

Hi,
I called them but they couldn't help as they said that there is some lack of clarity around this legislation. I'd appreciate if anyone could shed light on this situation for me.
Thanks,
Jean

Click to expand...

The lack of clarity is over accrual of annual leave while a person is sick. If I recall, it follows a European Court of Justic Case (Pereda V Madrid Movilidad SA, ECJ Sept 09). The ruling was that sick leave was in order to recover for health purposes and that annual leave must still be accrued in that period. So at a simple level, if you are sick, you still accrue annual leave.

However, the lack of clarity comes from the employee involved worked in the Public Sector. I don't feel there is any lack of clarity in the decision, but the argument has been made that the decision only applies to public sector workers, not private sector.

Additionally, again this is just my understanding, the temporary agenecy worker legislation entitles you to the same conditions as the employees at the company you're working in, not the agency's conditions.

Thanks for this. I am actually working in the public sector so this may be very useful.

Because you work for state your entitlement will be same as public sector workers

The irish state implemented the working time directive incorrectly., the EC comission is taking action against the state as a result in the very near future...things will be simpler and clearer then

In ireland you have to work to accrue holidays which is contrary to working time directive

Thanks for this. Sorry to bother you again but do you have any suggestions as to where I can find further information about this?

Which bits?

You can get some info from Nera, some from Citizens Info

Good case to look at ECJ Defrenne

There is two Labour Court cases also re public sector and supremacy of EU law forget the name but its easy to find on Google search

A word of warning they will probably try to fire you if you seek to enforce your rights

Are you working public or private sector?

IF Private you will have battle royale on your hands

I'm in the public sector. THe HR is my job are currently looking into it as I think they are genuinely trying to do what's right but the agency are being very tight lipped about it and keep giving me the run around. THanks for your help.