Information from NERA on Public Holiday Entitlement Christmas 2012
It’s that time of year when debates arise in many workplaces over entitlements to Public Holidays and appropriate payment for them. NERA, the employment rights body have helpfully set out guidance in relation to this festive challenge for all concerned. This guidance is set out below:
“Full-time workers have immediate entitlement to benefit for public holidays and part-time workers have entitlement to benefit when they have worked 40 hours in the previous 5 weeks.
Christmas Day, Stephens Day and New Year’s Day are public holidays. Christmas Eve is not a public holiday.
When a person works on either or both of these days they are entitled to be paid for each day in accordance with their agreed rates. In addition they also have an entitlement to benefit for each public holiday. This can be different for each public holiday and each employee depending on the individuals work pattern.
If the business is closed on the public holiday and an employee would normally be due to work then they get their normal days’ pay.
If the business is open and the employee works, they are entitled to either, paid time off or an additional days pay. This additional days’ pay is what was paid for the normal daily hours last worked before the public holiday.
If an employee is not normally rostered to work then they will be entitled to one fifth of their normal weekly wage.
If someone ceases to be employed during the week before a public holiday, having worked the four weeks preceding that week, they are entitled to benefit in respect of that public holiday
If a person is on temporary lay-off they are entitled to benefit for the public holidays that fall within the first thirteen weeks of layoff.”
Source: NERA Information Services
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Labour Court Abolishes Three JLCs
The reform of the employment regulation arena has been continuing apace in the second half of 2012.
As indicated elsewhere on the Bright Contracts site, the Industrial Relations (Amendment) Act 2012 commenced on 1 August last. This Act amended the Industrial Relations Acts 1946 to 2004, and in particular in relation to Registered Employment Agreements, Joint Labour Committees and Employment Regulation Orders. It also amended the Employment Permits Act 2006, the Organisation of Working Time Act 1997, the Protection of Employees (Employers' Insolvency) Act 1984 and the Terms of Employment (Information) Act 1994.
On 2nd August 2012, the Minister for Jobs, Enterprise and Innovation, Mr. Richard Bruton T.D. applied to the Labour Court under Section 40 of the Industrial Relations Act 1946 for the abolition of the three Joint Labour Committees (JLC's) - Aerated Waters and Wholesale Bottling JLC, Clothing JLC and Provender Milling JLC. The Labour Court held an inquiry on Monday October 1st 2012 into the application. Any interested party was entitled to attend the inquiry and/or submit representations regarding the draft Orders to the Court in advance of the inquiry.
As stipulated in the legislation the Labour Court issued a notice that in exercise of the powers conferred on it by Section 40 of the Industrial Relations Act 1946, it had made three Orders entitled
- Aerated Waters and Wholesale Bottling (Abolition) Order 2012,
- Clothing (Abolition) Order 2012 and
- Provender Milling (Abolition) Order 2012.
The purpose of the Orders, which are effective from 12th October, 2012, is to abolish the Aerated Waters and Wholesale Bottling Joint Labour Committee, the Clothing Joint Labour Committee and the Provender Milling Joint Labour Committee.
The Orders have been published and copies may be purchased direct from the Government Publications Sale Office, Molesworth Street, Dublin 2, Ireland.
The remaining JLC’s as set out on the Labour Court Website cover the following categories:
- Agricultural Workers
- Catering (Dublin and Dun Laoghaire)
- Catering (Other)
- Contract Cleaning
- Hairdressing
- Hotels (Dublin and Dun Laoghaire)
- Hotels (Other excluding Cork)
- Law Clerks
- Retail Grocery and Allied Trades
- Security Industry
Further information can be read at www.djei.ie and www.labourcourt.ie
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