holiday entitlement - school bus employment (No Contract)

[deco87]

hello , i wanted to try get a bit of advice on my work , entitlement statutory leave rights -

I work the full school year (183 days primary school) - I do not work when the schools are closed of course.

in the summer 7 weeks I sign on for job seekers with the department whilst looking for work ..

I work 25 hours a week

Boss is telling me that he gives me a week ,October and a week at Xmas - thats it -

I have no contract - no idea what i am entitled to - im working here since march 2020

he says they work the calendar year - how can i work out what holidays i am actually entitled to

 

[Zobeda]

Annual leave

Employment law gives employees various entitlements to leave from work ranging from holidays to parental leave. Find out how your leave is calculated.

www.citizensinformation.ie

Hi Deco

Have you gone through the info available on the link above already?

Hope that helps a bit better than my last response on a thread of yours .

 

[Salvadore]

Your annual leave entitlement depends on the hours you work throughout the year. Can you be more specific on this?

Your employer is in breach by not providing you with a contract which should outline the terms and conditions of your employment, including annual leave.

 

[deco87]

Not very approachable- yes , I work , 25 hours every week all throughout the school calendar year . I sign on for job seekers summer months -( end June to end august) I am being told that in total have entitlement to two paid weeks throughout the year . They use the calender year - I’m wondering by me not working the summer is this affecting things for me negatively - I don’t think I’m getting my full entitlement they are very tight financially

 

[Towger]

In simple terms Holiday entertainment is at least 8% or hours worked. Plus Holiday Hours taken.

 

[tom1220]

How about the other school holidays (e.g. in February, Easter and May)? Do you work then? Are you getting paid for that?

 

[deco87]

With the 8 % of hours worked - that is the holiday entitlement-
Bit lost with the !plus holiday hours taken -what does that mean exactly please

 

[Salvadore]

Annual Leave

Information relating to entitlements and calculation of Annual Leave.

www.workplacerelations.ie

There are three ways of calculating annual leave for part-time employees and you’re entitled to whichever is the most advantageous to you.

 

[deco87]

How about the other school holidays (e.g. in February, Easter and May)? Do you work then? Are you getting paid for that

How about the other school holidays (e.g. in February, Easter and May)? Do you work then? Are you getting paid for that?

i work the full school year. I don’t work when the schools are closed . My full holiday entitlement for the year is 2 paid weeks

 

[deco87]

Annual Leave

Information relating to entitlements and calculation of Annual Leave.

www.workplacerelations.ie

There are three ways of calculating annual leave for part-time employees and you’re entitled to whichever is the most advantageous to you.

Thanks - is ten months of the year working 25 hours which is all it takes to complete the job -considered part time ?

 

[Salvadore]

Calculate your entitlement by reference to weeks rather than months. Some months are longer than others.

If you work, for example, 42 weeks in the year, your entitlement is 42 x 25 x 8% = 84 hours leave.

If you normally work five hours a day, you only need five hours leave to have a full day off.

On this basis, your entitlement expressed in days would be 84/5 - 16 days.

It depends though on the exact number of weeks you work.

 

[deco87]

Ah that’s absolutely fantastic - I’ll work out near enough exact weeks so and make my case , he tells me 11/12 days is my entitlement - he is definitely being unfair

 

[Salvadore]

You could also take the opportunity to say that if you had a contract, which you should have by law, all these issues would be clear.

 

[T McGibney]

You could also take the opportunity to say that if you had a contract, which you should have by law, all these issues would be clear.

+1

You will be doing both yourself and him an immeasurable favour by ensuring an employment contract is in place.

 

[deco87]

Calculate your entitlement by reference to weeks rather than months. Some months are longer than others.

If you work, for example, 42 weeks in the year, your entitlement is 42 x 25 x 8% = 84 hours leave.

If you normally work five hours a day, you only need five hours leave to have a full day off.

On this basis, your entitlement expressed in days would be 84/5 - 16 days.

It depends though on the exact number of weeks you work.

So would I be right in thinking that 16 days - works out -( 25 hour working week )- at 3 weeks and a day , statutory leave ? Thks a lot

 

[Allthatglitters]

So would I be right in thinking that 16 days - works out -( 25 hour working week )- at 3 weeks and a day , statutory leave ? Thks a lot

I can't understand your calculation above.

I would work it out as follows :

X = actual hours worked incl paid annual leave already given (X might be 52 wks less 7 wks x 25 hours = 1125hrs pa, according to your 1st post)

X × 8% = Y (your annual entitlement in hours)

Y ÷ 25 = your annual entitlement in weeks, presuming you work 25hr weeks

Edit : I've just seen Savadores similar post above, but that was calculated for 42 weeks worked in a year. Your OP said you sign on for 7 weeks, so work 45 wks in the year

 

[deco87]

Yup i do indeed sign on for 7 weeks or so , sumner hols so I am off the job books as such - I get paid bank holidays as is the norm in the school bus service - would you agree in or around 16 days ( 3 weeks and a day !) 5 day working week , is approx correct ? Like to be armed with sone facts before I meet boss thansk

 

[deco87]

I can't understand your calculation above.

I would work it out as follows :

X = actual hours worked incl paid annual leave already given (X might be 52 wks less 7 wks x 25 hours = 1125hrs pa, according to your 1st post)

X × 8% = Y (your annual entitlement in hours)

Y ÷ 25 = your annual entitlement in weeks, presuming you work 25hr weeks

Edit : I've just seen Savadores similar post above, but that was calculated for 42 weeks worked in a year. Your OP said you sign on for 7 weeks, so work 45 wks in the year

So Salvadores calculation would be accurate then , except to replace the 42 with 45 to get the correct annual leave entitlement? Thank you

 

[deco87]

You could also take the opportunity to say that if you had a contract, which you should have by law, all these issues would be clear.

Yes indeed -I am going to mention it when I call into his office , I just recall the last time I had a query re holiday with him - I mentioned about the year starting March to following March - or whatever the dates are - he said - we operate the calender year here - I said ok , I just wonder now , he has said he can give me a week holiday pay at Xmas if I want it - he won’t be giving me any pay at all next Easter - when a business uses the calender year instead of the actual leave year , does the leave year not end 31 Dec? I am a bit bamboozled!

 

[Allthatglitters]

Yes indeed -I am going to mention it when I call into his office , I just recall the last time I had a query re holiday with him - I mentioned about the year starting March to following March - or whatever the dates are - he said - we operate the calender year here - I said ok , I just wonder now , he has said he can give me a week holiday pay at Xmas if I want it - he won’t be giving me any pay at all next Easter - when a business uses the calender year instead of the actual leave year , does the leave year not end 31 Dec? I am a bit bamboozled!

Again, I find it difficult to follow your post.
What exactly is your Q?
- you need to calculate your annual entitlement, as per Salvadores or my previous responses to you (they are the same calculation)
- your annual entitlement is exactly that, an annual entitlement. Whether your working year runs Jan-Dec or Mar-Mar doesn't matter. You need to calculate on your hours worked in that year.
- If the working year runs from Jan-Dec and you only started in April, you would still need to calculate on *actual* hours worked (for example)