Holiday Statement In Contracts

[Guest]

Hope someone can help!!!!!

 

Your paid holiday entitlement will be in accordance with the regulations established in the Working Time Directive 1998. You will be entitled to the minimum statutory entitlement which is currently *5.6 weeks annually in every holiday year [1 October-31 September], to be taken at such time or times as may be approved by the employer. If your employment commences or terminates part way through a holiday year, your entitlement to holiday during that year will be calculated on a pro-rata basis for each complete month of service. Where, on this basis, the holiday already taken exceeds holiday entitlement, the employer reserves the right to adjust the excess by an appropriate deduction from the employee's final salary.

If the contract is terminated accrued holiday will be paid to the employee, calculated pro-rata during the current leave year, less any holiday already taken. Employees are expected to use their annual leave entitlement each year, in line with notice and service requirements.

* Subject to change

 

The above statement is in the current contracts for employees at the pre-school where I work. But I am unsure if this statement should be in the new contacts as all staff are paid their holiday pay every month rather than taking holiday though the year. ALl staff are happy with the arrangement. So should the above statement be in the new contacts???

 

Hope anyone can help Thanks in advance xx

[HappyMaz]

Generally speaking the contract of employment should state what actually happens in practice. My employment contract for my mentoring and assessing says that I will be paid 10.6% (or something like that!) on top of my monthly salary in respect of holiday pay accrued because I am paid on a sessional basis and therefore do not take holiday.

 

So long as what you're doing is legal and above board then I think you should change your contracts to reflect what really happens!

 

I know there have been lots of conversations on here about 'rolled up' holiday pay but I don't really understand what that is!

 

Maz

[Inge]

I know there have been lots of conversations on here about 'rolled up' holiday pay but I don't really understand what that is!

 

Maz

 

Rolled up holiday pay is when your hourly rate of pay includes an amount for holiday pay, and that they expect you to save this part of your pay to cover your holidays. Rolled up holiday pay may be against the law unless your holiday pay is paid on top of your basic pay and it's clear what the amount of rolled up holiday pay is. For example, the amount of rolled up holiday pay should be clearly set out in your payslip.

 

from this I understand it is OK to pay it monthly or as many of us do by adding it to annual wage and dividing it out so a regular income is given but you must state on the pay slip what is holiday pay and what is basic wage.. (so we used to have set weeks where we said it was holiday pay on payslips.. this made it legal to to it.)

 

 

employees are entitled to a written statement which reflect exactly how holiday pay will be taken , they should be able to work out how much they are paid or entitled to- also remember to include things like public holidays ( paid as holiday or unpaid - they can be included in the holiday entitlement as days which will be paid )

 

Inge

[HappyMaz]

Rolled up holiday pay is when your hourly rate of pay includes an amount for holiday pay, and that they expect you to save this part of your pay to cover your holidays.

ah thanks Inge - that all makes sense now!

 

Maz

[Guest]

from this I understand it is OK to pay it monthly or as many of us do by adding it to annual wage and dividing it out so a regular income is given but you must state on the pay slip what is holiday pay and what is basic wage.. (so we used to have set weeks where we said it was holiday pay on payslips.. this made it legal to to it.)

 

 

employees are entitled to a written statement which reflect exactly how holiday pay will be taken , they should be able to work out how much they are paid or entitled to- also remember to include things like public holidays ( paid as holiday or unpaid - they can be included in the holiday entitlement as days which will be paid )

 

Inge

 

Thank you Inge, I didnt realise that it must be statement in the wage slips about the holiday, this has never been done but I will start asap.

 

Hope you dont mind me asking but does your setting pay staff Bank holidays?

 

Thanks again xx

[Inge]

we didn't get paid bank holidays -

 

we had our entitlement added to our wage and divided by 12 months so we had a regular amount..

 

on our wage slips we were given holiday pay 1wk at Christmas, 2 at Easter and rest in August..

 

I think so long as you pay the correct amount it doesn't really matter... If you paid bank holidays the rest of the holiday due would be less anyway.. all this bank holiday bit makes it confusing..

 

but if you do pay them they are included in the entitlement.. so still only the same amount to be paid anyway

 

Inge