Thursday, April 14, 2005

Holiday Rights

Under the the Organisation of Working Time Act, 1997 workers are entitled to paid leave. Each worker builds up an entitlement to leave according to how many hours work they do within specific periods. In order to calculate your own entitlement to annual leave you should use the most appropriate of the following formulas.

Formula One

If you have worked 1,365 hours or more in any year your are entitled to 20 days paid annual leave. However, if you have changed employment in that year you are still only entitled to twenty days, and each employer will be responsible for leave accumulated during your time in their employment.


Formula Two
If in any month you have worked 117 hours, then for that month you are entitled to receive one third of the working week in paid annual leave.


Formula Three

If neither of the above formula are applicable, in general you are entitled to receive 8% of the hours worked in any year as paid leave.

It is important to understand that these days do not include public holidays which workers are normally entitled to in addition to the annual leave entitlement. All full time employees are entitled to public holidays without any specific qualification. However, if you are a part time employee you must have worked at least 40 hours in the five weeks preceding the particular public holiday in order to be entitled to that holiday. If the public holiday falls on a day where an employee would be expected to work the employer concerned can make arrangements for one of the following as an alternative to a day off on the particular public holiday.

* A paid day off within one month of the public holiday
* An additional days' annual leave
* An additional days' pay.

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