Payment for Public Holidays as a Contracter

M

manta400

Guest
A friend of mine was trying to persuade me that as a contractor you are entitled to get paid for bank holidays. He says it is government regulation and has been for some time.

So basically I am an IT contractor. Its always been the case for whatever country I work in. You work, you get paid, if you don't work, you don't get paid. Simple as.

Has anyone heard of this or is the poor lad doting?
 
manta400 said:
A friend of mine was trying to persuade me that as a contractor you are entitled to get paid for bank holidays. He says it is government regulation and has been for some time.

So basically I am an IT contractor. Its always been the case for whatever country I work in. You work, you get paid, if you don't work, you don't get paid. Simple as.

Has anyone heard of this or is the poor lad doting?
Click to expand...

Actually he's not doting. This happened in my old job about 6mths ago when a contractor (who happened to have left the company on bad terms) presented us with an invoice for all the public holidays over the past 2 years. He also produced a piece of legislature stating his entitlement to this. We thought it was rubbish but consulted a solicitor and he was correct. We had to pay up. As far as i know the company now write that the hourly rate includes holiday pay or something to that effect. Apparently that covers their backside. Im sorry i cant list the document the guy produced but it definitely does exist.
 
Newbie! said:
Actually he's not doting. This happened in my old job about 6mths ago when a contractor (who happened to have left the company on bad terms) presented us with an invoice for all the public holidays over the past 2 years. He also produced a piece of legislature stating his entitlement to this. We thought it was rubbish but consulted a solicitor and he was correct. We had to pay up. As far as i know the company now write that the hourly rate includes holiday pay or something to that effect. Apparently that covers their backside. Im sorry i cant list the document the guy produced but it definitely does exist.
Click to expand...

Never heard of this one and have been a contractor for some time...If anyone can point to the relevant legisslation I'd be thrilled to bits!
 
Lauren said:
Never heard of this one and have been a contractor for some time...If anyone can point to the relevant legisslation I'd be thrilled to bits!
Click to expand...

I think this is the relevant document:
[broken link removed]

It does say that the act applies to people working under a contract of employment but I dont think this refers to a paper contract. There is something about an implied contract when contracting. Someone more expert might know more.
 
As far as I know if the contractor is a limited company then no holiday pay, if not then yes holiday pay.
 
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