Work holidays

E

emilyobrien569

New Member
Messages
3
I gave my holidays for next year that I need off. Unfortunately I may be denied these holidays due to the company closing for the first week of January and the last week in December by the owners choice.
The reason I may be denied the holidays I have requested is because money is only made on Sundays when I work them. I work every Sunday since I started.

I have given almost 6 months notice for one of the holidays I need and for the others I just need time off I don't need holiday pay.

I am a full time dog groomer and I am the first to put in my holiday request for next year. There is only 4 of us working for them (2 owners and 2 employees)

I was wondering can they deny my holiday request just because they decide they want to close 2 weeks of the year?
 
If you work full time, you are entitled to 20 days paid annual leave.

So even if the company close for the Christmas & New Year weeks (which would not be unusual), you still have more than 10 days of annual leave available to you.

The christmas break would include public holidays, so generally speaking you might be using around 7 days annual leave for those two weeks.
 
Your employer ultimately decides when you can take your annual leave but you are entitled to an unbroken period of 2 weeks. So you can’t be forced to work every Sunday.

Within these constraints, if you feel you’ve been unfairly treated relative to your colleagues, you should try to resolve the issue informally with management. If all internal mechanisms fail you can always make a complaint to the WRC but that’s a last resort and not without consequences if you stay in the same job.
 
Last edited:
DannyBoyD said:
If you work full time, you are entitled to 20 days paid annual leave.

So even if the company close for the Christmas & New Year weeks (which would not be unusual), you still have more than 10 days of annual leave available to you.

The christmas break would include public holidays, so generally speaking you might be using around 7 days annual leave for those two weeks.
Click to expand...
They have never paid me for bank holidays they just close the shop.
 
emilyobrien569 said:
They have never paid me for bank holidays they just close the shop.
Click to expand...
So long as you have worked the 4 weeks leading up to the public holiday, you are entitled to be paid for it; are you paid for the two weeks when the business is closed?

How long have you been working there?
 
I am unsure if I will be paid for the 2 weeks off as I have no contract and when I ask I don't get an answer.

I have asked multiple times for a contract and have still not received one.

2 years of work experience and 1 year where I was employed and getting paid.
 
Your employer is legally obliged to give you a contract. That’s not negotiable.

You should be paid a premium of at least 33% for Sunday work.

You should be paid for bank holidays.

You should consider a complaint to the WRC. Your rights are being trampled upon.
 
Salvadore said:
Your employer is legally obliged to give you a contract. That’s not negotiable.
Click to expand...
Just to qualify that...

Contract of employment

The law specifies that contracts of employment must contain certain details, and your employer must give you your terms of employment in writing.
www.citizensinformation.ie www.citizensinformation.ie

What is a contract of employment?​

If you work for an employer for a regular wage or salary, you automatically have a ‘contract of employment’ with them. Your contract sets out the rights and responsibilities of you and your employer.

Legally, you do not have to get your whole contract in writing. However, the law says you must get a ‘written statement of terms of employment’ (read more below).
Click to expand...
 
ClubMan said:
Just to qualify that...

Contract of employment

The law specifies that contracts of employment must contain certain details, and your employer must give you your terms of employment in writing.
www.citizensinformation.ie www.citizensinformation.ie
Click to expand...
Absolutely correct. But the mandatory terms of employment cover all the basics in this instance- rate of pay, payment for bank holidays, Sunday premium payment, holiday entitlement etc.
 
So if you have been employed for 12 months - then you have been working for the business since at least November 2023?

Were you paid for the last Christmas break?
 
It seems to me that your employer is lacking knowledge about the laws relating to employment.

Are you getting a payslip every time you are paid. It should show your rate of pay, deductions for USC, PRSI etc. it is vitally important to get a payslip so that you know you are being correctly paid. You can also check your account through mygovid.ie.

Your employer needs to give you payslips, pay tax, deduct your income tax, make returns to revenue, give you paid holidays etc. unfortunately they can insist that you take Christmas and new year as holidays. The 25th, 26th Dec and 1 Jan are all public holidays so they won’t come out of your holidays.

If you work full time you are entitled to a minimum of 20 days holidays. You should be paid for any holidays you are off. If you normally work on Mondays and Monday is a bank holiday you should get your normal rate of pay.

Any my last question is - what would happen if you did not show up the day you want off? That is always a nuclear option.

The main thing is for you to understand your employment rights, and tell your employer the company could get into trouble for not following the law. And maybe you would get better pay and conditions at a more professional dog grooming place?
 
A few things here.

If your employer has already signed off on your holidays, it is really bad form to rescind them especially if you have travel etc booked; however, I don't believe it is illegal as long as they give reasonable notice.

If your holidays that you want are not already booked and approved then there is not much you can do if your employer won't let you take them. I remember earlier this year that one of my direct reports wanted a certain week off and I denied it as a couple of her colleagues were already off that week and I couldn't afford to be missing another person; she was angry as she provided adequate notice (which is true) and she always takes that week off (also true after checking her previous years records). However, as I pointed out to her, you are not entitled to certain days off just because you always take that time off. I always worked on a first come first served basis and she knows this. I also suggested that in the future to book the holidays several months before and not leave it to about 5 weeks before if she always takes that week off.

You are entitled to two consecutive weeks off if you so wish (so they can't make you work every Sunday); however you may not get the two weeks off that you want, a lot of companies close for a specific two weeks and expect their employees to take those off regardless of whether you like it or not.

Regarding Public Holidays, you are not necessarily allowed a paid day off that exact day but you must be compensated in some form e.g. another paid day off later in the year or an extra day pay.

Although, it is good practice to receive a Sunday premium, there is no legal obligation for your employer to do so

If you have no written contract of employment, the above still applies as it is required by law
 
You must log in or register to reply here.
Back
Top