# Wk 53: Employer wants us to miss a weeks pay!



## jules312 (8 Dec 2004)

ok i have a question? as far as i know there are 52 weeks in the year, but just recently we got a letter from our employer saying there was 53 weeks (pay days) in 2004 and that we would have to miss a weeks pay in order to bring this back to normal,( and they insured us this only happens every 5or 6 yrs. i have been with the firm a long time and have never had this happen before
so can anyone throw some light on this?

ciao
h


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## purple (8 Dec 2004)

*Re: how many weeks in a year?*

There are 53 Thursdays and Fridays this year (January 1st and 2nd and December 30th and 31st), so if you get paid on either of these days they may be correct...


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## rainyday (8 Dec 2004)

*Re: how many weeks in a year?*

There are 52 weeks plus 1 day each year and 52 weeks plus 2 days in a leap year. In 2004, there will be 53 Thursdays & 53 Fridays (as the year started on a Thursday). 

So yes, assuming you are paid weekly on a Thursday or Friday, they are correct in saying that there would be an additional payday each year. However, it is worth checking your contract - is your salary quoted as a weekly amount or an annual amount?


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## ajapale (8 Dec 2004)

*Re: how many weeks in a year?*

About a year ago I made a comprehensive answer to a query concerning how many weeks in a year.

Found in Absolute Beginners here :

The discussion centered around the discrepancy between people who are paid monthly and are on an annual salary ( divide by twelve) and those who are paid weekly and are on an annual salary (divide by 52, 53 or some other figure 52.something)

This calculation is has an impact on how overtime, annual leave and extra days (leap years), weeks (53 weeks and hours (clocks back) are paid.

Google Search Strategy (annual salary hourly 52.18 )


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## zag (8 Dec 2004)

*Re: how many weeks in a year?*

Are you saying your employer doesn't want to pay you for a weeks work that you have done ?  Seems bizarre.

Is the employer saying that he will pay you double one week so that in his own books he only has 52 payroll transactions ?

I can't see how it could make sense for him not to pay you for a weeks work done.

If he is saying that he got his calculations wrong and should have divided your annual salary by 53 at the start of the year or else he will end up (in his own mind) over paying you by a week, tell him that's fine as long as he doesn't mind you selling his product to customers for free that week.  This tricky 53 week year must have caught them out too.  If he expects you to get no income for the week then it's only fair that he forgoes it too.

z


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## ajapale (8 Dec 2004)

*Re: how many weeks in a year?*

Hi Joules,

It appears to me that your employer has systematically over paid his employees by dividing annual salary by 52 instead of the more accurate 52.18. (or 53 in a 53 week year) and is trying to recover the over payment by 'docking' a weeks wages. I imagine that the employer is entitled to recover overpayments as a result of a genuine error but that that the recovery should take place of an equally long period of time. You could argue that the recovery should occur over the period of time to the next 53 week year (4-5 years).

Do you do overtime? Is he going to try to reclaim ot as well?

I rang DETE and they reccomend that you contact the Rights Commissioners www.lrc.ie/. You  dont have to be a member of a trade union to bring your grievance to the Rights Commissionsers.

ajapale

from oasis


> Deductions from pay
> An employer may not make deductions from your wages unless:
> 
> They are required by law, for example, PAYE and social insurance (PRSI),
> ...


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## ajapale (10 Dec 2004)

*Re: how many weeks in a year?*

I discoverd this post from a couple of years back there are some interesting observations which Ill summarise here.



1. The Hospital offered to recover the overpayment over 18months
2. Tedd suggested contacting the union
3. N0elC pointed to the tax/prsi implications of any overpayment
4. Rainyday suggested writing to the employer asking for a detailed letter with calculations explaining how the overpayment was going to be recovered.
5. Finally BigGerry pointed to the pension contribution aspects.

ajapale


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## rainyday (10 Dec 2004)

*Re: how many weeks in a year?*

Thinking about this more, it does seem quite mean. The employer should really have managed this up-front, by dividing the annual salary by 53 instead of 52. Given that the employees have done the same work that week, and presumably the employer isn't going to give away all the products & services for free that week, it is only fair that they get paid.


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## jules312 (13 Dec 2004)

*Re: how many weeks in a year?*

thanks for all your replies, they were really helpful
we had a meeting with head of staff and the union last week and they have decided to pay us that week, as it turns out the revenue actually give an extra tax credit week.
but will review how they pay weekly salaries in future lol

H


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