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i work varying hours each week, min of 19 hrs can i claim holiday pay, i have not signed a contract and have worked for the company for over 2 years

2007-01-22 04:31:13 · 13 answers · asked by maxinedownunder 1 in Business & Finance Careers & Employment

13 answers

If you are in the UK - what your company is doing is highly illegal - a few years ago the 'Working Time Directive' legislation was brought in by the government. Part of that legislation was to regulate companies in the UK on holiday pay so they could no longer take advantage of employees. The law states that a company MUST give any employee a minimum of four weeks paid holiday per annum - this is based on the number of days you work per week as opposed to number of hours ie if you work 5 days a week you are entitled to 20 days hol per year, 3 days a week is 12 days holiday per year etc... This law applies whether you are full or part time - part timers have the EXACT same rights as a full timer regarding holidays. You need to seek advice asap as your company is not complying with employment law. Good Luck.

2007-01-22 07:20:57 · answer #1 · answered by loulou 2 · 0 0

You are entitled to holidays..........

If you have not signed a written contract or been provided with terms of employment then your employer is breaking the law in doing so and this should be provided in your first two months of starting.........But thats besides the point.

As no written contract has been signed then any terms of reference are "implied"......Basically what that means is that your contract is verbal and its terms are based on what is the norm across the industry or what has been practised in the past by your employer.

For instance if everyone else gets holiday entitlement then so should you. What that actually is can be unclear as there is no formal agreement in place to determine what you are entitled too.

Either way you should discuss this with your employer and highlight areas of concern.

If you get no joy then try ACAS. They offer free advice on employment matters.

Good luck.

2007-01-22 04:46:01 · answer #2 · answered by veilofmistiness 2 · 0 0

If your in the UK then anything over 16 hour`s a week is classed as full time employment , so you need to speak to your employer and mention the holiday`s to them ! the normal rule of thumb ( where did this saying originate ? ) is that your employer will tell you towards the end of the year that you have holiday`s left to take or lose them ! that fact that they have never mentioned this or lack of a contract , make`s me wonder if everything is above board ? do you get wage slip`s ? do you pay national insurance & tax ? you may want to speak to your local citizenes advice center !

2007-01-22 04:53:41 · answer #3 · answered by charlotterobo 4 · 0 0

As I understand it you are entitled to pro rate holiday pay the same as everyone else. You do not need a contract to benefit. It is not compulsory to have a contract but you should have a letter of employment which sets out your basic rights and conditions of employment.

2007-01-22 04:37:14 · answer #4 · answered by ROLAND M 2 · 0 0

i would not voluntarily pay holiday pay. He has, as has been suggested, broken the words of his settlement by using no longer turning up for artwork with out giving word. permit him request the holiday pay - i could be stunned if he pursues it. If he does - propose that he take the situation to courtroom and that if he does you will concern a counter declare for the shortcoming of corporation and extra cost of short-term cover at the back of him (it particularly is incredibly a bluff, yet I guess it's going to artwork). it particularly is not an adequate defence on his section to declare that he left early by using taking a week's annual circulate away. If he did no longer provide you strengthen word of his objective to realize this he's in breach of his settlement. the respond decrease than from Michael H is factually incorrect. If the guy were brushed off the situation could be diverse and you'd be required to pay all spectacular bills as much as that factor. although, it particularly is not the case. This worker has left owing you a minimum of one weeks' labour and in breaking his settlement is in risk of be sued by using you in a courtroom of regulation. My suggestion stands - do no longer pay it, look ahead to him to make a declare.

2016-12-12 17:37:23 · answer #5 · answered by Anonymous · 0 0

May depend on where you live. In the U.S., and Michigan in particular, I know that a company is under no obligation to provide anyone with "holiday pay"- whether full time or not- so it's entirely up to your employer.

2007-01-22 04:43:00 · answer #6 · answered by kena2mi 4 · 0 0

yes you are entitled to 4 weeks paid holiday by law. if you do not have regular contracted hours then it has to averaged.

2007-01-22 09:36:39 · answer #7 · answered by Anonymous · 0 0

it changed a few years back that part timers had the same rights as full timers, i worked part time in a pizza shop and i got holiday pay

2007-01-22 04:39:01 · answer #8 · answered by angie 5 · 0 0

part time workers have the same rights as full time. and even if you have no written contract after two years in law you do.

2007-01-22 04:42:04 · answer #9 · answered by grumpcookie 6 · 0 0

In most work situations holiday pay is usually paid only to full-time employees.

2007-01-22 04:34:50 · answer #10 · answered by stevie 2 · 0 2

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