I think my work has not worked out my holidays right

cally6008

This is how it has been explained to me.

The shop is open 7 days a week

The working week is only 5 days as you have to have 2 days off

I work 15 hours a week over 3 days

My boss says that she could ask me to work 3 hours per day to cover my 15 hours but she doesnt and keeps my hours together so that I'm not just doing 3 hours a day and so I get days off

3 hours per day = 15 hours

I've been there since the end of september. She says the first 3 months of my work was classed as training and therefore no holiday was accrued.

So starting from January to March is 3 months.

Because I only work "technically" 3 hours per day. It is 3 hours (per day) TIMES by the 3 months left which equals 9 hours.

I have a contract for 10hours but have been on 15 hours since end of October but havent got a revised contract for the 15 hours, which I'm going to take a closer look at.

Does anyone else follow the thinking ?

Everywhere else I've worked at, its been a case of if you want a week off ... you take the days off that you normally work and thats classed as your week off.

flea72

i dont get the 'technically' work 3hrs a day - you work 5hr days - holiday entitlement is worked out on actual amount of days worked, not by splitting your working hours into 'their' 5-day week

you accrue holiday when training, so they are wrong on this fact

based on you working 3 days a week, you should be entitled to 16.3 days leave per year - compared to the staff who work 5 days, and get 24 days holiday

Flea

busy_mom_2

I work part time and my holidays are pro rata to a full time
ie full timer on 40 hrs per week is entitled to 25 days hol = 1000 hrs
i work 28 hrs hence entitled to 700hrs every time I have day or half day they just take it off my hours.

SandC

There is some ambiguity here in that you don't work a 5 day week, even though you officially do.

If you work a 5 day week no matter what hours that amounts to your holidays will be the same as a full time worker, just that their 'day' off is 8/9 hours and yours is only 3. If, however your 15 hours is only over 3 days then the entitlement has to be worked out pro rata.

As for the 3 months training, you are entitled to accrued holidays for that time.

System

what are your contracted hours ?

cally6008

contracted for 15 hours on the system but dont have a paper contract to say im contracted for 15 hours

flea72

doesnt matter if you have it in writing or not, you work 15 hours, they agree you work 15hours - so thats your contract

Flea

liney

Could the company not argue that the additional 5 hours are overtime as you are only contracted to work 10 hours? Therefore the holiday would be worked out based on 3 working days and 10 hours a week, as shift allowance and overtime are not considered.

astraea

wonder if someone could help me i am in similar situation.

i work 24 hours a wek and have done for past 15 months but i only get holidays based on my contracted hours wich are 8!!

what am i actually entitled to? how does it work? my boss says i only get it based on 8 hours cause thats my contract (i have been asking for an increase in my contract for past year), but i work 4 days 6 hrs a day, same days, same hours every week for over a year. hols run out end of march and i really dont know what to do to get this sorted.

thanks.

Richard_Cocks

I don't know anything about employment law, but if you've been consistently been paid for ~24 hours a week for a long number of months now you may be able to argue for more holiday!

Otherwise, is it possible for you to renegotiate your contracted hours?

astraea

my boss keeps telling me he is trying to get head office to give him more hours so he can up peoples contracts. however he has been saying this fr a year now and i dont know where i stand.