Holidays entitlement on contract

My wife got a job last month and seh jsut found that she is not entitled for any holidays and no payments for Public holidays.. When she read the contract and found it was written that she is not entitled for it.. Is they anyway she can ask for the holidays or payemnt for public holidays.is there any law to protect the employees.Please advice..

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

http://www.citizensinformation.ie/c...ave-and-holidays/annual_leave_public_holidays

The above links are to the relevant legislation on entitlements.

AFAIK (I am 99.9% certain) she is legally entitled to annual leave and also to be paid for public holidays as these rights are enshrined in Irish statute

In fact, if an employee didn't want to take annual leave and preferred to work instead and get paid for same, they are not allowed to do this as you cannot waive your statutory rights (per conversation with NERA approx 3 months ago)

Is she an employee or an external contractor as a contractor would not be entitled to paid holidays or paid public holidays.

DB74 said:

Is she an employee or an external contractor as a contractor would not be entitled to paid holidays or paid public holidays.

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THis is the important thing to find out. Is she working under a contract of employment or contract for services. Is she invoicing the company for work done?

The legal minimum for holidays is 20 per year and Public Holidays have verys specific payment rules. What's written into the contract does not negate this if it is an employment contract. There is also the Fixed Term Workers Act that does not allow for a temporary staff member to be treated less favourably than a permanent staff member in a similar role (with exception of pension).