# Annual leave on Fas (SOLAS) traineeship



## Thirsty (6 Jun 2014)

Can anyone tell me if the statutory annual leave applies when on a 'traineeship'?  

The course is a full 12 months duration, 45 hours per week over 5 days (8am to 6pm with one hour for lunch). 

I would have expected that the trainee would be entitled to at least the minimum 20 days per year, but others on the same course are saying that as it's a training course no annual leave is allowed.

Can anyone point me in the direction of the relevant legislation that excludes these 'traineeships'?


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## Sue Ellen (6 Jun 2014)

Hi Thirsty,

I have moved your thread to this forum as I feel you may get more replies here.  A copy will remain in the old one for a month which will help also.

Just wondering if the people at [broken link removed] would be able to give advice on this also.  Might be worth a call.  If its not their subject they may be able to refer you on to the appropriate people.


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## Thirsty (6 Jun 2014)

Great, thanks for that.

edit to add: rang their helpline just now & it seems that is correct; the 'trainees' are not considered to be employees and therefore are expected to work for 12 months full time with no annual leave.  Seems pretty tough if you ask me...


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## Sue Ellen (6 Jun 2014)

Thirsty said:


> Seems pretty tough if you ask me...



Does seem tough alright especially in light of quite a long working day/week.


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## SarahMc (8 Jun 2014)

I think trainees can seek 2 weeks off without it affecting their payment or continuence.  There are breaks at Christmas and Easter? in fairness it would be tough for the tutors to manage lesson plans with trainees taking a different 4 weeks off each.


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## Thirsty (22 Jun 2014)

As to 'lesson plans' is on-the-job learning, so time off wouldn't  be that big an issue for tutors.

the only permitted holidays, were the 9 public holidays and in fact the trainee in question was asked to work the last public holiday. They also found out they were expected to work one night a week till 10.30pm, having started that day at 8am.


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## Purple (23 Jun 2014)

Thirsty said:


> As to 'lesson plans' is on-the-job learning, so time off wouldn't  be that big an issue for tutors.
> 
> the only permitted holidays, were the 9 public holidays and in fact the trainee in question was asked to work the last public holiday. They also found out they were expected to work one night a week till 10.30pm, having started that day at 8am.



That all sounds very strange.

Is this a FAS sponsored work placement or a FAS managed training course?
I am very surprised that FAS/SOLAS would allow a work placement that in effect broke the working time directive (i.e. the law).

8-6 with one hour for lunch is indeed 45 hours. On top of that there's one night where they work till 10.30. That's an additional 4.5 hours or a total of 49.5 hours. That's a breach of the maximum working week (averaged over 3 months) of 48 hours. 
Then there's the requirement that you get 11 hours break between shifts, that's being broken as well. 
Then there's the annual leave question. 
The working time directive covers apprentices (trainees). It doesn't cover trainee doctors and a few others but I don't see any specific derogation for FAS trainees.


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## Thirsty (2 Jul 2014)

The trainee spoke to Fas/Solas about the hours & holidays and they (Fas) declined to say or do anything, as far as they are concerned its a matter between the company and the trainee.

The trainee has since voted with their feet and found another organisation that's a bit more sensible.


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