Holiday Pay - Off Shore Work

sangie595

GreenTreen123 wrote: »

@kayleigh Is he getting a PAYE payslip with NI and U.K. tax contributions? If so he’s U.K. taxed.

He would have to refer to his contract or ask someone at work because as he’s only working for half the year, he’s not subject to working time directive laws.

That was the situation a few years ago but I would get him to ask colleagues and work.

That is complete rubbish. He is not working "half the year" any more than someone who works 9-5 is working half the year because they don't also work evenings! That was never the situation at any time ever and he most certainly is subject to working time directives. Everyone is subject to the working time directives - even if there are special arrangements for some people, they are still subject to the regulations.

It is not bullying you to point out that your advice on these boards is consistently somewhere between wrong and bad - it's the truth.

sangie595

GreenTreen123 wrote: »

^no it doesn!!!8217;t. He works 12 hour shifts for 3 weeks, and gets paid those over the course of monthly payments, much like teaching assistants who work seasonally.

Working time directive says that as he!!!8217;s already getting half a year of, not working, therefore he isn!!!8217;t legally required to get 5.6 weeks of like normal people who work 46 weeks of the year.

That!!!8217;s my understanding/argument

Rubbish. Including the fact that teaching assistants are not seasonal workers! Where do you get your weird ideas about employment from?

marliepanda

GreenTreen123 wrote: »

Can you stop bullying me please? You are nasty.

Im not bullying you.

You came on to the employment forum to ask advice about an employment issue you were having.

You have since been posting as an 'expert' on all sorts of threads and 99% of your information is incorrect and dangerous,

Kayleigh14

Thanks sangie595. That makes sense. I know the regulations are all different for off shore working.

sangie595

Kayleigh14 wrote: »

Thanks sangie595. That makes sense. I know the regulations are all different for off shore working.

I suspected you would. You just needed to know how it was done in this specific situation.

GreenTreen123

@marlie you are the one claiming I’m an expert. I’ve never said it, I’m giving my opinion like everyone else. I’m not claiming to be an employment lawyer or anything else.

So how about you back of bullying me.

Comms69

Kayleigh14 wrote: »

Any help would be appreciated:

Here are the basics...
Partner works off shore on boats - 3 weeks on, 3 weeks off. His salary is calculated on a work:leave cycle of 1:1, so for every week worked he accrues a weeks paid leave at the same pay rate.

His contract states that he is also entitled to 30 days paid holiday per year. Holidays must be taken during “off weeks”, not tagged onto the start or end of his leave to give longer at home. Holiday weeks basically mean they can’t phone and send him back to work like they would do in normal “off weeks”.

My question is - if he is coming home for his 3 “off weeks” and has those 3 weeks booked as holiday weeks, should he be receiving holiday pay on top of the pay he usually receives for his “off weeks”?

I have just found out that he doesn’t get any extra when on holiday, he only receives his normal salary, and I’m really not sure that’s right, or if it is and I’m just missing something completely!!
I’m understanding it that since he is usually paid for his time off anyway, if he isn’t paid any extra on top of that when on holiday then he isn’t actually receiving any of the 30 days paid holiday that is in his contract?? Hope this makes some kind of sense :rotfl:

I think so..


If a job is advertised at £20,000, that's £20,000 included your paid holiday.

marliepanda

GreenTreen123 wrote: »

@marlie you are the one claiming I’m an expert. I’ve never said it, I’m giving my opinion like everyone else. I’m not claiming to be an employment lawyer or anything else.

So how about you back of bullying me.

Misquoting the WTD is not an opinion

Saying he is a seasonal worker like a TA (?!) is not an opinion.

Opinions do not matter in employment contracts and law. You are giving your opinions disguised as 'facts' (though luckily we have posters who have the facts to correct you)

Posting your opinion on an employment issue is fine when the situation calls for it, however that is not what you are doing.

ohreally

I've had jobs where you're paid "extra" when on a/l. Shift allowance, weekend enhancements, on-call etc, the premise was you'd be paid when off as though you were at work. Not so uncommon.

getmore4less

t0rt0ise wrote: »

Sounds wrong to me. The 30 days holiday should be time off work not taken on normal days off. He needs to join a union and get them to sort it out.

Tell that to term time workers.

Edit:see this has been covered.