contract vs time worked ?

hi there,

just wondering can you help me.

I have been for the past 3 years working a 39 hour week for my employer. My actual contract is for 20 hours per week. The remainder is put through at basic pay as it does not exceed 39 hours - this is ok. They will not change my contract and I have tried several times to get this done, but they tell me they cant do it.

My issue is; holidays and bank holiday pay ?
bank holidays - I don't get paid when I am off on a bank holiday ?; looking at NERA's website it appears I should be....? as I have been working a full time amount of hours for so long ? Are they entitled to do this ?

Holiday pay - my employer gives me my entitlement based on my contract instead of based on my hours worked ? - are they entitled to do this ? I work 39 hours each week. For the year I only get my holidays based on my contract ?

if anyone has any help it would be much appreciated.

many thanks

It might be best for you to give these people a call www.employmentrights.ie

None of this sounds correct to me.

It may be worth your while to have a look at The Organisation and Working time Act 1991. Perhaps your employer is also unaware of his obligations to his employees

Do you get proper payslips with your hours detailed on them. These should prove the hours worked and therefore your annual and public holiday entitlements

Your employer is wrong and should pay you bank holidays and base your holiday pay on hours worked. If you were getting over-time rates this might be different but your not so it's not.

Purple said:

Your employer is wrong and should pay you bank holidays and base your holiday pay on hours worked. If you were getting over-time rates this might be different but your not so it's not.

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To clarify, over-time rates do not make a difference to holiday entitlement for workers who do not have a full year's entitlement.

I began a job half-way through a leave year a few years back and trawled the Working Time Act to find that I got an extra couple of days because of overtime I had done.