Payment for bank holidays - on a five week contract?

Deirdra

Registered User
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Could anyone confirm or suggest reasons for non payment of a bank holiday? For some one working on a five week contract, the employer says they are not obliged to pay for a bank holiday, but from research, it seems the criteria below has been met (from the website below).

http://www.citizensinformation.ie/c...leave-and-holidays/public-holidays-in-ireland

"Rules
Your entitlement to public holidays is set out in the Organisation of Working Time Act 1997. Most employees are entitled to paid leave on public holidays. One exception is part-time employees who have not worked for their employer at least 40 hours in total in the 5 weeks before the public holiday.

Employees who qualify will be entitled to either the public holiday off as paid leave or one of the following alternatives:

A paid day off within a month of the public holiday
An additional day of annual leave
An additional day's pay
The nearest church holiday to the public holiday as a paid day off
The Organisation of Working Time Act provides that you may ask your employer at least 21 days before a public holiday, which of the alternatives will apply. If your employer fails to respond at least 14 days before the public holiday, you are entitled to take the actual public holiday as a paid day off.

Part-time employees
If you have worked for your employer at least 40 hours in the 5 weeks before the public holiday and you are due to work on a public holiday you are entitled to that day off as paid leave or one of the alternatives as listed above. If you are not required to work on that particular day you should receive one-fifth of your weekly pay instead of the actual day's leave. Even if you may never be rostered to work on a public holiday you are entitled to one-fifth of your weekly pay as compensation for the public holiday."

Thanks for any feedback.
 
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