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Public Holiday Payments

As we approach another public holiday just a short reminder about employers legal obligations with regard to public holidays and the potential cost of non compliance in this area. The Labour Court (DWT 1673) recently ordered an employer to pay compensation of €1,000 to an employee in addition to an outstanding amount of €210.64 due for public holiday entitlement.

Employee v Contractor ?

In a recent Adjudication Officer's Decision (ADJ 00005826) the preliminary issue of whether the Complainant was an employee or not was considered in order to determine if his complaints under the Organisation of Working Time Act 1997, Unfair Dismissals Act 1977 and Protection of Employees (Fixed Term Work) Act 2003 could be heard.

Accrual Of Annual Leave During Sick Leave

Since 1st August 2015 employees now accrue statutory annual leave during periods of certified sick leave, as introduced under The Workplace Relations Act 2015 which amended Section 19 of the Organisation of Working Time Act 1997. Accrued leave can then be taken within a 15 month period after the end of the leave year in which it was accrued.

Public Holiday Entitlement

As we head towards a hot bank holiday weekend for a change here is a quick summary of the main employer obligations and employee entitlements in respect of public holidays.

What Constitutes Working Time?

The recent controversial Tyco decision of the Court of Justice of the European Union (CJEU) which found that travel time for workers between home and the premises of their first and last customers should count as working time as prescribed within the Working Time Directive is directly in conflict with the position in Ireland that such time is not considered to be working time.

Organisation of Working Time Act

Two recent cases published that are worth reading in respect of understanding employers requirements in respect of the provision of breaks and paid annual leave.

Changes to Sick Leave Accrual

Whilst the focus of the long awaited Work Place Relations Act has been on the much needed changes to the employment disputes structures, a very important change to the accrual of sick leave for employees who are absent on long term sick leave is also being introduced.

Working Hours & Breaks

Here is a quick summary of the main general legislative provisions regarding working hours and breaks in the workplace.

HR Solutions

Keshcarrigan
Co. Leitrim

+353 (0)71 964 2748
+353 (0)86 833 7228
info@hrsolutions.ie

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